RESIDENT MAGISTRATE'S COURT.

West Coast Times, Issue 163, 27 March 1866, Page 2

RESIDENT MAGISTRATE'S COURT.

Monday, 26th March. (Before G. G. FitzGerald, Esq., R.M.) Drunk and Incapaulb. — Charles Britt and Robert Clark were fined 10s. for this offence, or in default, twety-four hours imprisonment. Drunk and Disorderly. — James Kennedy and Richard Hore were fined £1 for being drunk and disorderly, or in default, forty-eight hours imprisonment. Breach ov Police Ordinance. — Joseph Ludwick was charged with riding furiously in Revell- street, on the 19th instant. There was no appearance of the defendant. Fined £2. Larceny. — John Feeney was charged with stealing a violin, ou the 12th day of March, the property of Archibald Hind. 'JPlie accused, who had left for the South, was summoned to appear before Mr Price, at Okarita, on the 20th instant, when the case was remanded to Ilokitika, and the accused admitted to bail. The case having been called this day, and the prosecutor failing to appear, it was again remanded till Tuesday, 27th inst., bail being taken for the appearance of Feeney. and a summons issued for the appearauce of the prosecutor. Obtaining Goods under false pretences.—J. &L. C. Burke & Co. v. A. N. Prince. This case was reported fully in our issue of yesterday, but Mr Prince not appearing a warrant for his arrest was issued, and he was yesterday put in the dock to answer the charge, Mr Prince was defended by Messrs South and Oakes. Mr O'Loughlin appeared for the prosecutors. James Clark said he was a member of the firm of J. N. & C. Burke & Co, merchants, Ilokitika. The prisoner belonged to the firm of Lyons and Prince, formerly of Greyinonth. Messrs Burke had dealings with the firm of Lyons and Prince, and about the end of December the latter were indebted to them in tho sum of £87 odd. On the 22nd day of December last they purchased goods to the amount of £217 Us. for which a bill was given, leaving a balance of £87 due on a former transaction. On the sth February prisoner camo into his store and gave him a cheque for £50, leaving a balance owing of £.37 7s lOd. Prisoner on the following 7th February came into tho store and gave an order for some goods. Witness . demanded a cheque for balance of account still duo £37 7s lOd. Prisoner then promised to give me a cheque for the amount before ho left town, remarking at tho time that he had not forgotten the bill due on the 25th February, and that it would be all right. Tho goods prisoner had asked for were then shipped on 1 Oth Feb. Tho bill was

subsequently returned to me dishonored and the balance of account remained un* paid, Mr Prince, of the firm of Messrs Lj'ons and Prince, was the only person I had direct business transactions with. Cross-examined by Mr South : the prisoner generally came into my store when he was in town. He voluntarily gave me a cheque for After deducting which amount there remained a balance due of £WI 7s lOd. Had this amount been paid, that particular transaction would have been closed. Did business with Lyons and Prince for the first time in November. Had received froni them two cheques during the time they had dealt with )iia firm. Both were duly paid. On the fifth or seventh of February, I paid the £50 cheque into our credit at the Bank of New South Wales. Could not say whether the same was ever presented. The dishonored bill became due on the 25th February, and information was sworn on the 2lst February. About tho 13th April an acceptance for <£226 became due. Witness had never applied, either by letter or otherwise, for the payment of the balance (£37 7s lOd.) Prisoner was in town two or three days after promising to give mo a cheque for balance of account. Re-exa-mined by Mr O'Loughlin : It was after hearing that the prisoner had left by the Egmont that the information was laid. Edward Reeves sworn, said ho was manager for Messrs Turnbull and Co. The acceptance now produced in Coiirt wag dishonored. Crdss-exaruined by Mr , South : Had received from Messrs Lyons and Prince, on account of the bill, the sum of LI 50 and security for part of the balance. Had never represented to Messrs Henderson and Bonar that Lyons and Prince were solvent customers. Against two bills of L3OO each, I received on account of Messrs W. and G. Turnbull two sums of LI 50 and goods, invoice price of which was L 217 14s 6d, exclusive of insurance and freight; these, however, only realised about Ll7O. Did not believe that Messrs Henderson and Bonar dealt with Lyons and Prince in consequence of anything haying been said by me. Mr O'Loughlin said he proposed to call the Manager of the Bank of New Zealand brand) from Greymouth, to show that certain acceptances of Lyons and Prince's had been dishonored, and as to their circumstances generally. Prisoner was here discharged, the Magistrate not considering that the charge had been proved. The Court then adjourned till 11 o'olock this morning (Tuesday). The following list of civil cases are set down for hearing this day : — Berndt v. Tama, Wagner v. Everest, Iloldaway v. Tonkins, Homer v. M'lnnis, Connor v. Caulfield, Hayman, v. Mendelson; Donnelly v. Palmer, Newton v. Ha will, M'Curthy v. Hepburn, Broadbent v. Albert, Wells v. Matthews, Kennedy v. Smith, Higgins v. Wilkinson, Bracken v. Moran.