RESIDENT MAGISTRATE'S COURT.

West Coast Times, Issue 701, 23 December 1867, Page 2

RESIDENT MAGISTRATE'S COURT.

(Before G. G. FitzGerald, Esq., R.M.) Fbiday, December 20. civil oases. C. Matthies v. Cassius— ln this case adjourned from the 19th inst., his Worship gave judgment for the defendant with costs. Rees v. G. Webb — Mr Button for the defendant. Plaintiff claimed to recover the sum of L 6 16s 6d, " money payable by the defendant to tho plaintiff for the work, journeys' and attendance of tho plaintiff by him done, performed and bestowed as the solicitor of and for the defendant and otherwise for the defendant at hiß request, and for fees payable by the defendant to the plaintiff in respect thereof, and fpr materials and necessary things by the plaintiff provided in and ab<sut the said work for the defendant at his request." William Lee Rees deposed that Mrs Webb was charged wilh larceny, and witness appeared for her in the Resident Magistrate's Court. She told him that her husband would pay him. He refused to, and remarked that Mr Rees would have to take it out of him. William Pooock deposed that he delivered the bill to defendant. He refused to pay it, and said Mr Ree3 would have to take it out. Mr Button said he thought the case was a trumpery one. His Worship was called upon to decide one of the most difficult principles of English law, as to the power of the wife to bind her husband. Mr Button moved for a nonsuit on the ground that in this case the wife had no power to bind tho husband. The principlo on which the law considered the wife as the agent of her husband, so as to bind him on her contract was, that he should be liable for necessaries ; but a counsel to defend a woman on a charge of larceny, was rather a luxury than a necessary. Mr Rees, in reply, contended there were many cases in which similar matters had been considered necessary, such as the costs of proceeding in praying articles of the peace against the husband, for personal violence to the wife. His Worship nonsuited the plaintiff. Clarko v. Ferguson. — Mr liees for the plaintiff, Mr South for the defendant. An action to recover the sum of L 5 for money lent. Judgment for the amount with costs. Herch v. Flower.— Mr Rees for the plaintiff, Mr South for the defendant. A claim for Ll7 68 3d — being Ll6 6s 3d, the value of three kegs of butter, delivered to the defendant as a common carrier for delivery to tho plaintiff, and which goods the defendant has not delivered to the plaintiff ; and Ll for damages for the non-delivery. His Worship reserved judgment in tho case till the following day. Solomon v. Mewett. — An action brought to recover the sum of L 2 10s, the value of a piece of greenstone. Judgment was given for the amount claimed. Judgment to be satisfied by defendant giving up the greenstone, and paying costs, 7s. The remainder of the civil cases set down for hearing to-day, were adjourned till Monday, the 23rd inst. The Court was then adjourned till eleven o'clock on the following day. Saturday, Deoembeb 21. Bbbach op Police Obdinakcb. — Li the adjourned case brought by the police against Arthur Ready, for obstructing the thoroughfare, his Worship dismissed the information. — The defendant called Mr Bastings, of the Montczuma Hotel, who deposed that the premises were the property of a person named Cook. Witness had let them to defendant, acting on behalf of Cook. Under those circumstances, liis Worship dismissed the information, and at the same time cautioned tho defendant that if he continued to occupy tho premises he would, for the purposes of the ordinance, look upon him in tho light of the owner. Bbeach of the West Coast (of Oawtbebubjt) Habboe Regulations. — The information laid against Simon M'Leod, as well as similar informations laid against other people, for removing gravel from the beach without the permission of the harbor-master, were withdrawn by the police, as the harbor-master had (in writing) authorised the removal of gravel from the beach north of Tudor stroet. — Lunacy. — John Robinson, on remand from the 19th iust., charged 'with being of unsound mind, was further remanded till the 23rd instant. Labceny. — Jesse Eastwood (on bail) was charged, on the information of William Hawkins, with stoalingfrom his person, on the 19th instant, a pur3e containing fourteen pounds in gold and a passage ticket. Mr B utton appeared for the prisoner. William Hawkins deposed that he was a miner residing on the Scandinavian Hill, at tho Wairnea. On Thursday last, about eight o'clock in the morning he met prisoner at Pulling's Hotel, Revell street. On the following inorning prisoner demanded payment of an account witness owed him for refreshments. Witness refused to pay prisoner, and told him he had paid his wife all he owed them, Ll 3s 6d (borrowed money). Prisoner then seized witness by the throat, and said he would not leave him till he paid him. Witness left Pulling's, and prisoner followed him to a bowling saloon, where they remained for about au hour, playing bowls. When witness left he had in his left hand trousers pocket a purse containing either fourteen or fifteen sovereigns and a passage ticket by the Alhambra to Melbourne. W'tnes3 had not taken his purse out of his pocket from the time he received from Mrs Pulling, that morning, until he left the bowling saloon. Prisoner at this time had had a few glasses to drink, but ho was sober, Ho was a little the worse for liquor, but he know what he was doing, for when ho left the bowling saloon he put his hand iuto his pocket and felt his purse. Witness, accompanied by prisoner's wife, who joined them on the way down, proceeded from the bowling soloon to Mao'i coffee house. Whilst witness was having a plate of soup ho was taken ill, and went out into the back yard followed by the prisoner. He then fell asleep on the stairs, and recollects nothing furthor till he awoke about four o'clook and found himself lying on a bed at Mac's. Witness did not take hit purs* out of

his pocket from the time he left tho bowling saloon' till be went into the yard at Mac's. He was not in any other person's company from the time he left Pullings till he got to Mao's except in the company of the prisoner and his wife. Ho missed his purso when ho awoke at Mac's. On Friday morning, after seeing prisoner, he reported the matter to the police. Cross-examined by Mr Button. — When witness met prisoner in tho street on the morning of the 20th he did not say anything to him about his property. Witness positively swears he did not give the prisoner his purse to take care of. Witness did not see Charles Hard on Thursday, when he was walking with prisoner. He did not see Hard speak to prisoner while he was with him. Witness was not too drunk to see and hear. Witness went into Pulling's about seven o'clock on Thursday morning to fetch his purse, which he had given to Mr Pulleng on Wednesday to take care of, as he found he was getting too many glasses to drink. He had his purse on Tuesday night when he slept at Wagner's. Elizabeth Pulling deposed that Hawkins cams* to their house on tho morning of the 19th inst. She identifies the purse produced at the one she gave Hawkins on that day in the presence of prisouer. Prisoner asked Hawkins for payment of his account. Alfred George " Pulling corroborated the evidence given by the previous witness. Crossexamined by Mr Button— Hawkins gave witness his purse at the bowling-saloon on Wednesday, the 18th to take care of. He was drunk — Lewis Holme 3 deposed that Hawkins and the prisoner were at Roscow's Hotel on the morning of the nineteeth. Hawkins did not give prisoner anything in witness's presence. Cross-examined by Mr Button — They played at bowls for drinks and for the alley. They *lso played at cards for drinks.— Charles Macduff deposed that Hawkins, prisoner, prisoner'i wife, and another person were at hia house between twelve and one on the nineteenth instant, and had dinner. Hawkins was taken ill while at dinner, and went into the backyard. Witness believes prisoner followed him into the yard. Prisoner, with tho other persons, left between one and two. Hawkins left between two and three. Prisoner asked witness to allow Hawkins to lay down on one of his beds. Witness refused, as Hawkins was drunk Constable Elliott deposed, that Hawkins reported to him, on the morning of the 20th, that he had lost his purse containing fourteen ■ovsreigns amd some papers. Witness went to Pullingi Hotel and saw prisoner, who said he had the purse, and produced it, stating that Hawkins gave it to him at a bowling •aloon on Thursday, to take care of. Witness examined tho contents of the purse. It contained seven sovereigns and other paper?. Witness searched prisoner and found six sovereigns, half-a-sovereign, a Ll note, and seventeen shillings on him. Prisoner said the contents of the purse were the same now as when he received it from Hawkins. Mr Button was about to address the Court, when his Worship stated that he would not commit the prisoner lor trial on that evidence. Mr Button remarked that Charles Hood, who was now outside the Court, met the prisoner and Hawkins on their way from the bowling saloon to Mac's, and Hood, in the presence of Hawkins asked prisoner, if Hawkins had paid him his account ? — when prisoner replied that Hawkins had not yet paid him, but had promised to do so ; aud that Hawkins had given him his purse to take care of. His Worship lemarked, that the prosecutor (Hawkins) had given Pulling his purse to take care of, and from the state Hawkins was in it was extremely probable that he had given it to the prisoner on the Thursday, and had forgotten all about it. It was a thing that was done every day. His Worship felt sure that no jury would convict on such evidence. The prisoner was accordingly discharged.

CIVIL CASE. Keech v. Flowers. — In this case his Worship gave judgment for Ll6 6s 3d, and costs.

Tho Court was then adjourned till eleven o'clock on Monday, the 23rd inst.