RESIDENT MAGISTRATE'S COURT.

West Coast Times, Issue 100, 12 January 1866, Page 2

RESIDENT MAGISTRATE'S COURT.

Tuuusday, Jaw. H. (Boforo G-. G-. FitzGerald, Esq., 1UI.)

LAnoKNY.— Alexander Thomson and John Isauo Wlntely woro ohargod with stealing a caso of porter, tho proporty of Johu Hudson, on tho 10th instant. Tho prisonors wero caught in tho act of omptying tho caso of porlov in question, which wus thon lying on tho quay, and tho prosecutor provod that ho had lost the caso from outaido his door. Tho prisoner Thoiußon, in dofonco, said (hat some wan oftorod him iv drink of porlov, which ho took, and ty k,, 9 w nothing »9W »Vwt it.

Ho (Thomson) further snid that Whitoly know nothing wlmtovor about jho matter, t\u\ thoy had novor mot boforo in their lives. Whitolv said that ho had been out for a " sprooi' that night, and whon coming homo ho was arroßtod. Ho could call witnesses to provo this if tho caso was remanded. TheMagistral refused any adjournment, and sontonced Thomson to throo months, as h<^ had just como out. of gaol after sorving another sonfonoo for larceny. Ho had no doubt of Wlutely's complicity, and sonfc him to gaol for a month with hard labor. DnuKKAßDS.— Sydney Marshall, .Tames Bruco. and Duncan Chalmers, for drunkenness, woi'o finod 103 each, or 2i hours. civiti o.vsr.3. ' ' Andorson and Co. y Wagnor.— Mr South appeared for tho plaintiff, Mr O'Loughlin for tho defence An action on a contract. Tho caso was adjournod for tho purposo of finding tho contruot in question. 8011, Eao, ami Co. v. Cox.— Mr O'Loughlin for tho defence," took a preliminary objootion that plaintifls had-no right to suo, having assigned their ostato. Messrs Koycc, Mudio, und Co. boing tho trustees, hie client was quito willing to pay tho trustcos,, but objected to pay tho present roprcsontojjvo of Mr 8011. Defendant was proparocl to pay tho amount into Court, to bo disposed of ns his Worship 1 might 'iiibsccjuonlly think fit. It was an action on a bill of exchange, but it was adjourned for tho purpose of enabling tho plaintiffs an opportunity of getting authority i- to collect it. Lafranchim v Conslantim. — Mr South for ( tho plaintiff, Mr O'Loughlin for the dufeneo. Thoro was also 'a cross summons, tho positions' of tho pur ties boing ro vowed, and by consent tho two woro. hoard together. The original siunmons had been issued to recover tho Sum of £07 7s lOd under the following circumstances. It appeared that Lafranchim hail given t^o defendant Constantim certain 1 goods to convey from tho Grey to tho Arnold, tho lattor being a boatman. Instead of delivering at onco ho storod tho goods at tho Grey, and stopped thoro to spend his Christmas. Eventually ho did deliver a portion of the goods, but thoy woro utterly spoilt and valueless, and henco tho prosont claim. On tho other hand Constantim claimed £35 12s freight, mid alleged that nny damage dono was through Btrcss of weather, and not through any ncgloct on his part. Tho caso occupied a very long timo, soino two hours in fact, nnd resulted in judgment being reserved..^ Binney v. Osborno— Mr South foriho plaintiff. This was to recover tho sum of L 25 Cs 9d, loss sustained through defendant refusing to tako delivery of eighteen bags of onion.s, ex Isabella. The defence was that plaintiff released defendant from his bargain subsequent to the sale. . Evidence on behalf of defendant was brought to • show that aftei tho sale plaintiff said, to defendant that he need not tako the onions unless ho liked,, as he (plaintiff) had a better offer for them ; but Mr South argued that did not cancel Iho arrangement, as ono of tho conditions of sale was that the goods should be takon away forth i with as they wore perishable. Judgment was given for defendant. Askwith v, Hawkins-*Mr O'Loughlin for tho plairitiff, Mr South for tho defendant. To recover L 37 as '.he balance of twenty weeks wagos at L 2 per week. Defendant denied that she had ever engaged plain tiff at more than LI per week, and also alleged that ho had received money on account more than he had given credit for. Tho caso was ndjourned.iii order to give the defendant an opportunity of filing a set off. Tho Court then adjourned. ' 4