RESIDENT MAGISTRATE COURT.

Westport Times, Volume III, Issue 578, 9 November 1869, Page 2

RESIDENT MAGISTRATE COURT.

Saturday, Nov. 6. (Before J. Giles, Esq., E. M.) THEFT. James Walsh was brought up, on remand, charged with stealing blankets and somo wearing apparel. George Arnold, a boatman, and Thomas Nelson King, Packers' Point, gave evidence as to the prisoner having crossed the river, and slept at Packers' Point, on the night after the theft, which bad been previously proved. The Magistrate considered' that the evidence originally given had been sufficient, but it was corroborated by the evidence of these witnesses, and he sentenced the prisoner to four months' hard labor. ASSAULT. James A rthur Maguire was charged, on the information of Hercules Brinkley, with assault. The complainant's statement was that he went to the Westport gaol for the purpose of seeing a female debtor who had just been incarcerated. He was asked by Mr Maguire whom be wanted to see. He gave the name, and Mr Maguire, after asking if it was on particular business, showed him into a room, told him to sit down, and, in a dictatorial manner, ordered him to take bis bat off. He (the complainant) said he did not know all this ceremony was necessary when a person came to see a debtor j whereupon Mr Maguire said "Out you go, you impertinent

scoundrel," and taking hiin by tht shoulders, pushed him out into the street. As a witness John Scanlon was called. He had visited the gaol in company with the complainant. He heard Mr Maguire tell the complainant to sit down and take his hat off; but in a few minutes he saw the complainant coming out of the building, pushed by Mr Maguire down the steps, and out at the gate. He did not remember the words used. He wns allowed in to see the same person, and was treated civilly. For the defence Allan Maguire, warder in the gaol, was called. Tie heard Mr Maguire say to the complainant " Come in; come in; take a seat." At the same time the complainant was told to take his hat off. He hesitated some time and said " he did not see the necessity for all this ceremony on seeing a debtor." Mr Maguire said he did not want to be dictated to there, and ordered the complainant out. The complainant hesitated, and Mr Maguire put him out. The defendant's statement was that it was a

great courtesy to allow the complainant to see the debtor at the time, and in the room to which he was admitted; and, on conducting himself as he did, he was put out, but he (the defendant) denied the language attributed to him.—The Maj itrate said this was one of the cases Vhich looked entirely different according to the view taken of it by the parties—all the civility was on one side, and all the provocation on the other. He was not, however, satisfied that there was any assault which was not justified. He must believe that provocation was given by the complainant refusing to take his hat off, an&, if he did so, the gaoler was probably strictly justified in putting him out of the gaol building. The summons must be dismissed. The complainant: I should like to ask you whether Mr Maguire has the right to arrogate to himself ■. —The Magistrate : Tou have no right to ask me anything; the case is at an end.—The complainant: Because if that is the case . —Officers of

the Court: Silence, Sir. Thos. Melville was charged with assaulting John Eafferty. The complainant's statement was: On last Sunday evening I went into Milne's Albion Hotel. Immediately afterwards Melville came in, accompanied by Mr M'Crae. Melville commenced to ask me whom I was going to vote for. I said I was not certain if I had a vote, but I would hold neutral. So he said, " There are nice young cabbages at Mr Fraser's. I see you are a Curtis man." I said that what I got there I paid for, and that I =would vote for whom I thought pjroper. I repeated my reply. He said I was a old thief, who stole all the lemonade and ginger-beer bottles about the town. He said this once or twice. I told him to be quiet. Some more words passed, whenhe struck me and knocked me down. As I got up I gave him " one " in my defence. He struck me a second time, and knocked me down again. Mr M'Crae picked me up, and I said "That is plenty." He continued endeavoring to excite me, or to provoke me further. Mr M'Crae remonstrated with him for acting so to an old man. He said, " Oh, the old pig. I have a mind to serve him worse." (To the defendant :) I was not drunk ; I was quite sensible. I did not call you a thing, or spit in your face.—Angus M'Crae corroborated the statement of the complainant, who, he said, referred to a Mrs Trafford, and the defendant then assaulted him.—James Milne said that in the altercation Eafferty made a noise with his mouth, and the defendant said the smell of the man was sufficient without being spit at.—The Magistrate dismissed the summons. He considered the quarrel mutual, and mo assault provoiveu. Yesterday a number of civil cases were heard. Iu seven of these the plaintiff was Thomas Dewdney, Caledonian and German Terrace, and the defendants were miners whom he had supplied with meat. Various decisions were given according to the evidence ; but the cases were not of public interest.