Resident Magistrate's Court.

Southland Times, Issue 4489, 29 November 1882, Page 2

Resident Magistrate's Court.

Monday, 20th Nov,

(Before Messrs Turnbull and Todd, Js.P.)

DRUNKENNESS,

John Edward Taylor pleaded guilty to having been drunk on Saturday night, and was fined 10s for the offence.

ALLEGED THEFT,

Robert Thomson was charged with stealing a one pound note at Lumsden on Saturday. Defendant pleaded not guilty. John Fox deposed that on Friday night he retired to rest at Barnard's boarding-house Lumsden, with two one pound notes and, five shillings in silver in his trousers pocket. When he awoke in the morning his trousers had been moved from under his pillow, where he had left them, to the bunk occupied by the accused, and on searching them he found that one of the notes was missing. The two notes were colored red and green respectively, and had been wrapt together. There were three men in the room besides himself and the accused. One of these men was a mate of the accused, and the trouseis were hanging partly on the bunk occupied by the accused, and partly on that occupied by his mate. He then gave information to the police. The accused said that he and his mate had just arrived from Victoria, and had not had a New Zealand note yet, and if one could be found on either of them. he would give £5. — Constable Halliday, who arrested the prisoner ,proved that the accused had changed the note in question with the billiard marker of the Waimea Hotel. — John McOano, the marker alluded to, corroborated the evidence of the constable, and added that the accused brought him the note produced in payment of 2s ho owed. Witness gave him the change. — Prisoner alleged that gome one, whom he could not produce, had given him the note to change. — The bench considered the oasa clearly proved, an 1 sentenced the prisoner 4o a month's hard labor ; at the same time ordering the note to be returned to the prosecutor, and the marker to be paid out of the money found in the prisoner's pocket.

CIVIL CASE,

Sandison v . Stock and Roope. — This case, which was a claim for £1 ss, first came np for hearing on Thursday last, when it was adjourned till to-day. Mr Russell appeared for plaintiff, and Mr Wade for defendants. Mr Wade now made an application for costs, on the ground that on Saturday a notice was served on the defendants stating that the case was withdrawn, while on the previous day a bailiff \va3 put in the premises occupied by the defendants, and and a distraint was made for 25s rent, which was paid under protest. Mr Wade pointed out that the subpoenas had been served before the notice of withdrawal was issued, and the defendants accordingly put to the expense of getting- their witnesses. He characterised the conduct of the plaintiff in putting in a bailiff while the case was before the Court, as very much approaching disrespect, if not contempt of Court. — Mr Roope, one of the defendants in the case, was then called, and corroborated the statements made above. Cros"-exaiiiined byMrßupaell; witness admitted having heard on Friday before he issued the subpoenas that the case was to be withdrawn, but pointed out that he received no notice till Saturday, and he could not be sure that plaintiff would not withdraw his withdrawal. — Mr Russell urged that the defendants could easily have informed their witnesses on receiving the notice of withdrawal that their presence would not be required on Monday. He characterised the position assumed by the defendants in claiming costs under these circumstances as unheard of, and repudiated the idea of any disrespect to the Court being intended by the plaintiff in distraining for rent, maintaining that he had a perfect right to do so. —Plaintiff was examinod, and said he withdrew the case and put in the bailiff because he wanted to go to Dunedin, from which place he had just returned, because he was informed of the action intended to be taken by the defendauts to-day. Ultimately the Bench allowed the defendants the cost of the subpoenas, but refused to make an order for the expenses of the witnesses.