RESIDENT MAGISTRATE'S COURT.

West Coast Times, Issue 197, 7 May 1866, Page 2

RESIDENT MAGISTRATE'S COURT.

(Before G. G. FitzGerald, R.M.) Friday, 4th May. Information demanding Surety op the Pkace.— Robert Millen was charged by John M. Coote with making use of threatening language towards him. It appeared that the plaintiff and defendant had a civil action some two or three days ago, which the defendant lost; as they were going out of the Court the defendant Bhook his fist in Coote's face, [and promised to thrash him. The defendant pleaded guilty to the charge, and was accordingly ordered to i find sureties to keep the peace towards the \ plaintiff for six months, himself in £50, ; and two sureties in £25 each. Mr Abraham Mitchell (of Okarita), and Mr George O'Driscoll came forward at ouce as sureties for the defendant. Breach of Steam Navigation Act. — James Raleigh, Daniel Dwyer, Michael Ryan, Andrew Thompson, Bransly Pearson, George Johnstone, Michael M'Grath, Michael O'Brien, and John Traiuor were charged by Mr R. B. Hitchmough, who appeared on behalf of the owners of the p.s. Bruce, with refnsing to pay their passago money (£2) from Okarita tollokitika, per steamer Bruce. It appeared that, as the steamer Bruce was leaving Okarita several people rushed on board her, amongst whom were the prisoners. A portion of the passengers had paid their passage, but the prisoners said they were not in a position to do so. Pearson, a prisoner, said that Captain Kerlcy had allowed him to come on board the steamer, telling him that he would make it all right. Captain Kerloy was called, and contradicted Pearson's statement. They were all ordered to pay £3 to the owners of the Bruce, or in default, seven days imprisonment. Information Demanding Surety op tub PwACE.—Saml. Solomon was charged by Eskell Lewis, with assaulting and making use of threatening language towards him, on the 2nd inst. In this case there was no appearance of the plaintiff or defendant, and the information was accordingly dismissed. L vrceny. — James M'Veigh was charged by Robert Owen with stealing n purse, containing £5, a deposit receipt for £100, and a meerschaum pipe and case, of the value of £10. Robert Owen sworn, said he was a miner. Had come to llokitika outhe Ist inst., from the Waimea, where he had been' working. On his arrival in town had deposited £100 in the Bank of New South Wales, for which he had received a receipt. On the 2nd instant, had got on the spree, and on the morning of the 3rd, when he awoke, found he was in Barrett's Hotel, Revell street, and missed his purse, pocket book, pipe, pipe case, miner's right, and the deposit receipt for the £100. Had also lost a gold bag and some money, but could not say how much. He then left Barrett's Hotel, and went to the Hokitika Hotel about 8 o'clock a.m., where he met prisoner, who told him he (Owen) had given prisoner a license to take care of on the evening previous. Had asked him if he had given him anything else. He replied, nothin" but the license. About an hour afterwards, gave information to the police, and was present when Sergeant Dwyer found the articles now produced in Court in the prisoner's tent, viz., the purse, pipe, pipecase, deposit receipt, the gold bag, and the pocket book, which he identified as his property. Had never seen the prisoner before he met him at the Hokitika HotelBy the prisoner— l |don't recollect drinking with you in Melody's public house on the evening of the 2nd inst. Did not remember giving him the pocket book to take care of. Francis Hudson sworn, said he was barman at the Hokitika Hotel Revell street. Remembered seeing prosecutor and prisoner in the bar together, on the evening of the 2nd. Prosecutor was very tipsy. Both remained in the bar about twenty minutes ; then left together and heard prisoner tell prosecutor he would take him to the Dunedin Hotel. Prisoner returned about an hour or so afterwards, and called for drinks. During the evening spent his money very freely, Sergeant Dyer proved the finding of the purse, gold -bag, deposit receipt, and pipecase, in the prisoner's tent ; and Constable M'Elroy, who, after he had assisted Sergeant Dyer in removing the prisoner to the lock-up, returned, and made a closer search of the tent, where he found the pocketbook. The prisoner said he fell in with the prosecutor at Melody's publichouse, where they had some drinks together, and the prosecutor then gave him the purse, pocketbook, &c, to keep for him. The prisoner was committed for trial at the ensuing criminal sessions of the Supreme Court. Civil Cases. Hearn and Cooke. vFerguson.-.This case was reported in our last issue, when it was adjourned, in order that the magistrate might satisfy himself as to the plaintiff's tenure of the land. Judgment was given for the full amount claimed, and coats. Mitchell v. Cheswass. — Judgment by consent for the amount claimed, £40 9s, and costs, Bs, for goods sold and delivered. South v. Coote.— The plaintiff sought to recover from defendant the sum of £\ 1 6s, counsel's fee and moneys paid out of pooket by plaintiff for the defendant, part of which amount wa3 paid out of Court on the false representations of the defendant. It appeared Mr South had conducted two civil cases in the Resident Magistrate's Court for the plaintiff, viz., Coote and Co. v. Loutit, and Reid and Coote and Co. v. Chambers and Miller, and in the latter had obtained a judgment for the plaintiffs, when the usual professional fee of £5 5s was allowed. Mr Coote paid Mr South ten pounds and some odd shillings, being his fee in both cases, and some small court expenses, for which he held a receipt, and was under the impression that the £5 fls fee was the property of the client, and allowed by the Court as a reimbursement, and had accordingly taken it out of Court, together with the amount for wluoh he had obtained a verdiot. Mr

South applied that the bill of particulars be amended, and that he would in this case only sue for the sum of £5 Is, and the balance, which was a separate matter, and had nothing to do with the cases referred to, he would make the subject of another action. He then called My Hardcastle, assistant clerk in the Resident ' Magistrate's office, who said that on Mr Cooto presenting a receipt from Mr South for all cash, and assuring him that ho had settled with Mr South, he paid the full amount, for which a judgment had been given, including solicitor's fee to Messrs. M'Lftndress, Hepburn and Co. on Mr Coote's order. Mr FitzGerald, in giving a judgment for the plaintiff for the amount claimed, £o fls and costs, said the counsel's fee was allowed by the Court to the solicitor, and not to "the client, and that the client had no right whatover to take the solicitor's fee out of Court unless he produced a special order to that effect from his solicitor. In Hcarne and Co, v. Ferguson. — An application was made by Mr South for immediate execution, which was granted. Q'Driscoll and Co. v. Isaacs. — Mr South in this case applied on behalf of the defendant for a re-hearing of this case. Mr O'Loughlin, for the plaintiffs, opposed ! tho application, and after some discussion i on both sides, the application wn3 refused [ by the Court. A similar application was made by Mr South in tho case of Pritchard v, jrilchrist, which was also refused. Tho Court then adjourned until eleven o'clock this day.