RESIDENT MAGISTRATE'S COURT.

Westport Times, Volume III, Issue 385, 24 October 1868, Page 6

RESIDENT MAGISTRATE'S COURT.

Monday, 19th October. (Before J. Giles, Esq., R.M.) ASSAULT.

John Cox was charged with assaulting and obstructing Constable Irwin in the discharge of his duty. The assault complained of consisted in pushing up against the constable in an insulting manner on Saturday night. The defendant was fined forty shillings, or three days imprisonment. REMOVING DBIFT-WOOD. John Hurst was charged with this offence. Inspector Franklyn said the police had great difficulty in enforcing the regulation so as to prevent the removal of drift-wood. Constables were told off expressly to watch the beach day and night, but in spite of the late warning given by his Worship, persons were in the habit of sending children to pick up wood off the beach. Constable Pringle stated that on Saturday evening he met the defendant on the sea beach, carrying a slab of wood on his shoulder. On being told that he was committing a breach of the regulations, he said he was not aware of it. The defendant said he picked up the wood out of the river near Stanley Wharf during the flood, and carried it to the place where he was working, and the next day was taking it home when accosted by the constable. He did not know he was doing wrong. His Worship, though prepared to inflict the heaviest penalty upon any offender who was guilty of a wilful infringement of the Ordinance, would if this case, considering its peculiar features, only impose a nominal fine on five shillings and costs. ASSAULT AND ROBBERY. Charles Brown was charged with having on the 12th September last, feloniously and violently assaulted one Donald Beaton, storekeeper, at Deadman's Creek, and feloniously steal from him the sum of 17s 6d. The Prisoner pleaded not guilty. Inspector Franklyn said, that as the prisoner was only brought in on Saturday, there had been no time to allow of subpoenas being issued, he would therefore merely tender the evidence of the arresting officer, and ask for a remand.

Detective Lambert stated, that he arrested the prisoner at Mokihinui on

Friday last, on the warrant produced. After cautioning him in the usual way, he was told the charge was for robbing a store at Deadmau's Creek. He then said he knew nothing about it, but on the way down prisoner remarked that if he had not run away nothing could have been done to him, but as he had, he supposed he would get in for something. On being searched the following property was found in his possession;—some sawyers' tools, eight shillings in silver, and a miner's right, issued at Brighton twelve months ago, in the name of Charles Brown. The prisoner, who had nothing to say, was remanded to next day. Tuesday October 20, 1868. (Before J. Giles Esq., E.M.) CHILD DESERTION. John Evans was charged with deserting his children. According to the evidence of Mrs. Moffatt, it appeared that two children, aged respectively nine months and three and a-half years, belonging to the defendant, had been for some time in her charge. The father paid her £9 and £9 10, for two month's keep ; but for the last two months she had maintained them entirely at her own expense. About a fortnight ago he came and offered her three half-crowns, which, however, she declined to take, as the present information was then pending. Mr. Francis Harris stated that the Government had paid the sum of £35 for the support of the defendant's children for three and a-half months. This had been done in consequence of its being represented to the Government that owing to the mother's death and the father's poverty the children required support. Subsequently it became known that defendant had a share in a claim, and the Government then ceased making any payments to Mrs. Moffatt for the support of the children, and for the last two months they had been maintained at her expense. The defendant said, in answer to the charge, that when he had any money he paid for his children's support, but the claim he was in had never paid more than "tucker" wages. The Magistrate did not consider there was sufficient evidence to sustain the information. There was no evidence of actual desertion, or of his having left Westport, or of his ability to pay what was required for the children's support. The proper remedy would be in a civil action.

Inspector Eranklyn asked that an order might be made for the children's support.

The defendant said that no working man on the coast, unless a lucky digger, could afford to pay £2 per week over and above his own keep. His Worship ordered that defendant pay the sum of £1 per week to the Inspector of Police towards the support of the children. QUITTING SERVICE WITHOUT NOTICE. Joseph Brown and Thomas Cato appeared to answer an information charging them with leaving the service of Thomas Dewdney without lawful excuse. The defendant Cato was represented by Mr. Tyler. The evidence was simply to the effect that the defendants, who were butchers in the employment of Dewdney, at Caledonian Terrace, came down to town on Friday evening without giving him notice, and without his leave. Mr. Tyler raised some legal objections to the information, and to ' the grounds for action. These, however, were put aside, and the Magistrate dismissed the case on its merits. ASSAULT AISD ROBBERY. Charles Brown was brought up on remand, charged with assaulting Donald Beaton, a storekeeper, residing at Deadman's Creek, and stealing from him the sum of seventeen shillings and sixpence. Prom the evidence of Donald Beaton, it appeared that he was in his store on the 12th September last, when the prisoner, who had been some time staying in the neighborhood came in. There was a glass containing. 17s and 6d in silver on a shelf within easy reach of the prisoner, and after returning after a momentary absence in the back part of the store, the complainant saw the glass lying empty at the prisoner's feet, and there being no one else in the store, he charged the prisoner with stealing the money. The latter then emptied his pockets of a lot of silver, which the complainant put back into the glass. Afterwards the prisoner made a grasp at the glass and the contents were scattered. A struggle took place between them, and one of the neighbours came in. The prisoner afterwards got away, having possession of most of the silver.

The evidence of the two witnesses examined, Angus Hay, and Andrew Macfarlane, so far as it went, was

simply coufirmatory of that given by the complainant. His Worship dismissed the indictment for felony and dealt summarily with the case, by sentencing the prisoner to six week's imprisonment, with hard labor.