RESIDENT MAGISTRATE'S COURT.

West Coast Times, Issue 690, 20 December 1867, Page 2

RESIDENT MAGISTRATE'S COURT.

(Before G. G. FitzGerald, Esq., R.M.) Thursday, Dbcesibeb 19.

Lttxact. — John Robinson was charged, on the information of his wife, with being of unsound mind. Eliza Robinson deposed, that her husband had for the last week given way to intemperance. Ho was now suffering from delirium tremens. On the 18th instant ho left the house (Pioneer Hotel) half-dressed, and it was with difficulty that two men succeeded in coaxing him back again. His Worship remanded him till the 21st, for medical examination.

Bbeach op Via bant Act. — John Carmichael was charged, under Section IV, Clause 111 of the Vagrant Act. The clause states, that — " Any person imposing, or endeavoring to impose upon any charitable inbtitution or private individual, by any false or fraudulent representation, either verbally or in writing, with a ?iew to obtain money or any other benefit or advantage, shall be liable to imprisonment for any time not exceeding one year." Thomaß Powell deposed, that ho was landlord of the British American Hotel, Revell street North. On the 12th instant the prisoner presented him with a cheque for LlO, in payment of some driuks. Witness told him ho had not sufficient change. He gave him LI,, and the prisoner left tho cheque, promising to call on tho following day, re-pay the LI, and tako the cheque away. Prisoner, at witness' request, endorsed the cheque, which was drawn byJohnCarmichael, on the Bunk of New South Wales. Witness believed at that timo tho cheque to bo genuino, otherwise ho would not have advanced him LI upon it. D. G. Davies deposed, that lie was a clerk in the Bank of New South Walos. Prisoner had at ono time an account at that bank, but it was closed, either on tho 13th or 14th of September last. A cheque for LlO, drawn by John Caruiiehael, was presented for payment on Tuesday, thp 17th, and return#a •nOwiecl

" account closed." The prisoner stated that he had just como up from the Buller, and a3 he expected some bills would have been paid, he had drawn against them. When he gave the chequo he believed.^here were sufficient funds to meet it. In reply to a question from the Bench, tho prisoner said he did not intend to call any witnesses. His Worship remarked that unless prisoner was prepared to adduce evidence ns to the bills which ho expected would have been paid, he would not givo credence to his baro statement. From tho evidence of the bank clerk it appeared that he had had no account at the bank for last throe months. He was sentenced to thros months imprisonment .with hard labor.

Sheep-stealing-. — James Smith acd John Penny were brought up on remand from tho 10th instant. Sergeant Hickson applied for a a further remand for eight days, as the police had not been able to secure the attendance of two important witnesses for the prosecution. His Worship granted the remand so far as the prisoner John Penny was concerned, and discharged the prisoner James Smith. Prisoner Penny was accordingly remanded till the 27th inst. Bail to bo taken, prisoner in LSO, and two sureties in L 25 each.

Assault. — William Farquharson was charged on the information of Francis Eo3ter with, on tho 18th of December, at Longford, assaulting him with' a knife, with intent to do him gdevoua bodily harm. Mr South appeared for the prisoner. Francis Foster deposed that he was a storekeeper and dairyman, residing at Longford, on the Hokitika River. On the 18th inst., about eleven o'clock, whilst witness was standing at the door of his house, prisoner rode up on horseback, and asked him if ho had taken a horse from tho paddock. Witness told liira he knew nothing about the horse. Prisoner replied, "The next time you take a horse I will make it a warning to you." He also added that he would report witness for horsestealing, and that he would do for him beforo long. Prisoner then left hi the direction of the Jlanieri. About 3.30, whilst witness was at work in his yard, prisoner rode up to the fence, and called him by name. Witness answered him. Prisoner asked him to come out and fight, but he refused to do so. Prisoner then got off his horse and tied it up to a flax bush, and taking ell' his coat, ran towards the fence. Whilst ho was in the act of getting over tho fence, witness saw a knife in his hand. Prisoner said he would do for him, " and it had been a long time promised." Witness rau towards the house, followed by tlie prisoner, and as he was going into his bedroom, prisoner took hold of him by the collar with his l&ffe hand, moving a knife in his right hand. He struck at witness with a sheath knife, and cut his slurb and waistcoat. At this time, witness had also taken hold of prisoner. (The knife, shirt, and waistcoat were here produced, and identified by witness.) Prisoner held the knifo iv lu3 hand, with tho blade upwards. He only mado one blow at witness, who took hold of his hand and called for assistance. A servant, named Hatnstead assisted witness to tako tho knife from tho prisoner, and to put him outside of the house. Prisoner, when he got outside, took up a gin bottle, and threw it at witness, but without effect. Witness then went into his bedroom, fetched out a double-bar-relled gun, and threatened to shoot prisoner if he entered the house again. Prisoner then left, and as he was ridhig away, he a*ked witness whether the gun was loaded. Witness then went down to the Kanieri, and gave information to the police. Cross-examined by Mr South — Mr George Harrison was with prisoner when ho earno up to witness's house at 11 a.m. Tho police came up between seven and fight o'clock. Wituoss-kepfc the shirt and waistcoat on till he handed them over to the police. Prisoner rode after Mr Harrison. When ho came in the afternoon ho called out " Are you there, Frank." Hamstead was in the house at this time. As witness was running towards the house, ho saw Hamstead coming across the river in a boat. Prisoner wa3 behind witness when ho took hold of him by the collar. Witness turned round to save himself. Prisoner made a drive at him with the knife. He had a flannel on. It was nob touched. He did not sco Hamstead with a gin bottle iv his hand.—^Robert Hamstead deposed that ho was in the employ of Foster, nt the Longford. Ho saw prisoner pass by Foster's house about eleven o'clock on the 18tu inst. Foster was inside tho house, and witness was standing at the door. As prisoner passed he pulled up, and addressing Forster, who was standing at the door, said " I will do for you yet." Prisoner then rode away towards tho Kanieri. Witness next saw prisoner in Foster's house. Foster and prisoner wero struggling together. Witness wad coming up from the river when ho saw them. As he approached the house Foster called to him to come in. He said that prisoner was stabbing him. Witness saw a, sheath knife in prisoner's hand, but he did not see him attempt to use it. At Foster's request he assisted him to take the knife from the prisoner and put him out of tho house. (Witness hero identified the knife.) After prisoner had been turned out ho threw a, gin bottlo at Foster, who was inside. Foster ictched a gun out of his bedroom and threatened to shoot prisoner if ho came into tho house again. Prisoner then left, and as ho rodo away, said he would do for him. Inimodiately after prisoner left, Foster showed witness a cut iv his shirt mid waistcoat. Cross-examined by Mr South — Prisoner once gave evidence against witness. When prisoner rodo up he said to Foster — " You aro a b horse stealer." Witness was about 300 yards off when ho firsr saw Foster and prisoner as ho waß coming up from the boat. Foster was running towards the houso, and prisoner was running after him. Witness saw a knifo in prisoner's hand. He held tho blade downwards. Tho prisoner was not struck in witness's presence. Noticed a little blood in prisoner's face after ho had taken the knifo from him. Witness knows the knifo from the brand "W " that is on it. lie ha 3 seen it beforo in prisoner's possession. By the {Continued in page 4.J __

B R. M. Coubt. — Continued, from Page 3. — Prisoner is a stockman in the employ Harrison, Holt and Evans. He lives at Bthe Big Paddock, about a mile and a half V from Fosters. Cross-examined by Mr South is no ill-feeling existing between wit■lk 3 . and prisoner. By the police — Witseen the knife in prisoner's before the 11th inst., therefore 5 positive that it belongs to him HH^itness here identified the clothes worn j^^ Foster, on the day in question.) Sergeant Slattery deposed that he arrested prisoner at the Longford on information received from Foster, who complained to him that prisoner had violently assaulted him with a knife. Witness cautioned bun in the ÜBual manner, Foster who was present when the prisoner was arrested wore a Crimean shirt and waistcoat, in both of which witness saw a cut. Prisoner first denied that he had a knife, but when witness produced the knife Foster had given him, prisoner exclaimed " oh yes, that is my knife, I lost it out of my sheath, and also a Bpur, which I am after telling Mr Evans of." Foster handed the shirt and waistcoat to the witness. When witness arrested prisoner he wore a belt with a sheath attached to it. Cross-examined by Mr South — Prisoner complained that Foster kicked him. He said on his way to the station that Foster and Hamstad beat him instead of his beating them. At the request of Mr South the prisoner was here remanded to the following day for the production of evidence. In the meantime prisoner was admitted to bail, hinilelf in LSO, and two surities in L 25 each.