RESIDENT MAGISTRATE'S COURT.

West Coast Times, Issue 641, 14 October 1867, Page 3

RESIDENT MAGISTRATE'S COURT.

(Before G-. Or. FitzGorakl, Eac^, R.M.) Saturday, October 12. Assault with Intent to do Grievous Bodily Harm. — Anthony Noble was charged with this offence. — Detective Brovrne deposed that on the afternoon of tho 9th instant ho received information that a woman (Mrs Buddy) had been assaulted on the Hau Hau Tramway. A description of the prisoner was. given to witness, and on the following morning he obtained a more minute description. About noon on the 10th instant the detective met prisoner off Revell s'reet. He answered the description given to the witness. Witness asked him where ho going ; he replied that he meant to ship as cook in one of the vessels going to sea.

Prisoner denied being on the Hau Hau Tramway on tho previous day. At the request of the detective, prisoner accompanied him as far as the terminus of the Hau Hau Tramway. Witness told him that a female had been assaulted, and he answered the description of the person who was suspected of having committed the assault. On their way to the terminus, prisoner admitted that he was on the line on the 9th of October, but he did not go far up it. On the Bth instant, he went up the line as far as the Big Paddock. Witness, on being questioned by the detective, stated that on both those occasions he wore tho same clothes as he was then wearing. Witness told him to be careful of what he was saying. Prisoner replied in a laughing manner the clothes he was wearing were the only ones he was possessed of, consequently it could not be otherwise. The person who was supposed to havo committed the assault was described to the detective as being dressed in a suit of grey clothes, and wearing a watch guard. While they were standing at the terminus waiting for the return of the carnage, the detective missed the watch guard prisoner had been wearing. He asked prisoner what he had done with it. He replied he had put it into his pocket, for he was afraid of the rain injuring it. The driver shortly afterwards came up and stated that he was satisfied the prisoner was the person he passed on tho line, about four o'clock j on the afternoon of the 9th inst. Prisoner, j was close to, aud following the person ' who was assaulted (Mrs Ruddy). The driver further stated prisoner was then dressed differently. When ho met him on the line he was dressed in a suit of grey clothes. He wore an Albert chain, and was carrying a bundle of " supplejacks." When the witness first met the prisoner he was carrying a " supplejack," which he said he had cut at the Kanieri. After having taken prisoner to the lockup, the detective proceeded to tho Havelock Hotel, where the prisoner had been staying. The landlord pointed out to him a coat and pair of trousers belonging to the prisoner. They were of the same material and color as the waistcoat prisoner had on. The clothing was afterwards shown to the prisoner in the lockup, and he identified them to be his property. The detective had seen Mrs Ruddy who had given him a description of the person who assaulted her. Prisoner answered that description. Mrs Ruddy was very weak at the time. Edward Nissen deposed that he was employed on the Hau Hau Tramway on the ninth instant. Witness saw Mrs Ruddy on the line close to the first cutting. She was going out of town. To the best of witness's belief he saw prisoner also on that day at the first cutting. He was going in the direction of the Big Paddock. Prisoner was following Mrs Ruddy. He was about 200 yards behind her. He carried three supplejacks in his left hand, and one in his right, which ho used as a walking stick. The prisoner was hero, at the request of the Inspector of Police, remanded till the 21st instant, as the prosecutrix was in too weak a state to attend. Breach of Destitute Persons Relief Ordinance. — In the case of Caroline Maggs v. George Maggs, his Worship ordered the husband to pay 20s a week towards the support of his wife. Laeceny. — Edmund Scott was charged with, stealing 3s. from the till in Messrs Orrand Co.'s store, Revell street. It appeared that money had frequently been missed from the till, and the prisoner suspected. On the 11th instant Mr Andrew Orr marked two or three coins, and left the shop. On his return he missed the coins. Detective Browne searched the prisoner and found them on the prisoner. The prisoner, a lad of eighteen years of age, admitted having taken the money. His Worship remanded him for sentence till Monday.

CIVIL CASES,

Henderson and Bonar v. Angus. — In this case judgment was given by default on Thursday, and, on the application of Mr Rees, a rehearing of this case was granted, and ordered to be set down for hearing on Thursday next. Mr South, on behalf of Messrs Henderson and Bonar, opposed the application. Lockhart v. Sommers. — Mr South for the plaintiff, Mr Reid for the defendant. The plaintiff brought an action against the defendant on Thursday last for £84 10s. 2d., but as it appeared that tho defendant was in custody, his Worship refused to give a judgment, and nonsuited the plaintiff. Mr South, on behalf of the plaintiff, produced an office copy of the defendant's schedule, in which plaintiff appeared as a creditor to the amount of L 76 16s 2d, and asked for a judgment for that amount, the defendant's protection having been withdrawn. After hearing Mr Reid in reply, his Worship slated that it was the custom of the Court not to hear a case when the defendant was in custody, The application was refused.

The Court then adjourned till eleven o'clock on Monday (this day).

'Ihe question of a new peaal colony has been mooted in Victoria. Tho Melbourne " Age" concludes a leading article on the comparative cost, and the effectiveness for good, of keeping a convict at Pentridge, or employing him under a regulated system of out-of-gaol work, by saying, "Tho Government have it in contemplation to send a number of convicts to Portland, with a view to their employment in the construction of a breakwater and harbor of refuge. This ivoiild be a step in the right direction ; but why stop there ? why not send the convicts out of the colony altogether, and by their means extend the bounds of settlement more rapidly than by any other method? There is choice enough of new lands in tho Pauific wherein to try the experiment. If New Guinea is too hot, there is a Siberia (Kerguolcn's Land) in the Southern Ocean. If tho undertaking bo too onerous for a single colony, let tho maintenance of such a settlement bo a federal ooncern, each colony paying in exact proportion to tho number of its crimiuals kept out of harm's way. If South Australia had sent a detachment of convictß to Adam Bay, where tho now city of Pnlmerston was to have been laid out, tlio expedition would havo proved a success. Tho great secrot of tho failure of such attempts at colonization lies in the fact that tho settlers are all masters. Labor is wanted, and tho most convenient and manageable- of all kinds is tho forced labor of couviets, by making uso of which all tho purposes of punishment and reformation aro acconiplibked." (For remainder of News see 'tth Page.)