RESIDENT MAGISTEATE'S COUKT.

Wellington Independent, Volume XXII, Issue 2669, 18 April 1868, Page 5

RESIDENT MAGISTEATE'S COUKT.

Thursday, 16th Apihe. (Before J. C. Crawford, Esq., R.M.) DRUNKENNESS. The following batch of drunkards were brought up and disposed of in the following manner. James Martin and Daniel Lowry, fined ss ; James Quickley, 10s; William Hanney and Joshua Thompson, 20s. DETINUE. Thomas Poag charged Mrs Orr with detaining Bome of his property. Tho defendant urged in defence that plaintiff owed her 25s for a week's board and lodging, and that she had kept some of his clothes \ until that amount was paid. Plaintiff stated that he only owed for four days, and that he had tendered the money for that period, but it had been refused. His Worship ordered the property to be given up on payment of 14s 4d, four days' board and lodging. THE ALLEGED CASE 01? INCENDIARISM. Charles McCarthy was brought up on remand charged with having set fire to the residence of Mr F. Stevens, Tinakori Road. Mr J. Gr. Allan appeared for tho defence. Margaret Burkctt, servant to Mr Stevens, said : I never saw tho prisoner before last Saturday night, when ho came to my master's house. I -was in the kitchen, and the two children were in bed in the front room. I heard tho front door open, and a match struck. I went into the drawing room and saw the curtains on fire, and tho prisoner crawling through the passage on his hands and knees. Earlier in tho evening the prisoner had come twice to the house. The first time he asked for a drink of water j tho second time for a gun to shoot a fowl. By the Court : Prisoner was in uniform. He had on a bhio coat nnd white belt. It was about a quarter of an hour aftor he camo and asked for the gun tlnit I saw him crawling out of the house. Examination continued : When I found the drawing room iu flames, I rushed into tho bedroom to get the two children. I then ran over rrith them to Captain Fox's house in Hawkcslone street, and told him what had occurred, after which I hurried down the beach in Bcarch of ray master. Cross-examined by Mr Allan : There are seven rooms in the house. There is a room between tho drawing room and the kitchen where I was Bitting. It was about half-past eight o'clock when prisoner first came. He did not wait long, — only long enough to ask for what he wanted. Tho drawing room door opens into the passage. It is quite close to the front door. I heard a match struck in the drawing room. When I saw prisoner crawling out, there was no light in the passage. I hud not been in tho drawing room that night. Captain Fox lives a good way from Mr Stevens' house. I have been with Mr Stevens for some time. I have also been at Castle Point -with Mrs Groves. I loft her service because it was lonely. (After much hesitation) I do not know how I recognise prisoner. By the Court : I looked at his face when ho came for the water, and know him by tl»at. Cross-examination continued : I do not know whether prisoner has any marks about him by which I can recognise him. I have only lived nt Mr Stevens' and with Mrs Groves. Here some of the spectators whispered to the learned counsel, who proceeded to cross- examine tho witness. Mr Allan : Have you never been in service anywhere elso ? Witness: No. Mr Allan : Have you never been in Mr Port's eervice ? Witness (hesitating) : Yes. Mr Allan : Now have you been anywhere else ? Witness : No. Mr Allan: Have you never lived at Mr Baker's ? Witness : I don't think so, I may have, but I don't remember. Mr Allan (addressing the Court) : The witness Bworo at first that she had only been in service in two places, and now it appears she has been in four. Not much reliance can be placed upon her testimony. Mr Stevens, chief clerk in the Defence Office, said : On Saturday evening last I went with rny ■wife as far as White's, tho seedsman, on the Beach, leaving last witness and two children in the house. Wo wero returning homeward, and got just opposite the Defence Office when we met last witness running down towards the town. From what she told us I hurried home and found that tho house had been on fire, and the rooms full of smoke. Captain Fox and some neighbors were on the premises, t gave information to the police, and on Monday morning went with last witness and Sergeant Monaghan to the Barracks, where the detachment quartered there wero paraded by the Commanding Officer. La3t witness, without hesitation, identified prisoner, who was standing in tho rear rank, as a uiun whom she had seen in tho house. Mr Allan did not cross-examine, Margaret Burkett, recalled and examined on her former oath, said : I went to tho Barracks on Monday morning, and eaw the soldiers standing nil in a row. I was told to look at them and point out tho man I had seen in the house. I did so, and pointed out prisoner. This concluded tho evidence. Mr Allan, in addressing tho Court, said that it was customary for justices, before sending a case for trial, to consider if there was the faintest hope of obtaining a conviction. In tho present case there was not a chance of a jury finding the prisoner guilty on the evidence of the girl Burketfc, who had bo flatly contradicted herself in her evidence. Moreover, the prisoner bore an excellent character in his regiment, and "was much respected by his officer. He woro on his arm a good-conduct ring, which, as tho Court was aware, was a badge only gained after some years' uninterrupted good behaviour. The learned counsel then recapitulated Margaret Burkett's evidence, pointing out tho improbability of the whole story, and concluded an able address hy expressing himself perfectly convinced that Lhe rcßpectable soldier in the dock would bo released from custody, especially nftor the Court heard tha evideneo he was able to adduce, evidence which would provo that at half-past eight o^clock On Saturday night ho was in barracks. Ho then called Lance-corporal Dcgan (Roynl Irish), who said : The prisoner has borno a good character in the regiment. Ho wears a good conduct badge on his arm. I remember Saturday evening. 1 saw prisoner in barracks at a quarter>pa9t seven o'clock, and remained there till we retired to bed about ten o'clock. I conversed with him frequently between seven and ten o'clock. He was . in barracks all tho time.

By the Court : Prisoner bolongs to ray room. I know that he came into barracks about goreh o'clock, for shortly after he caino into the room I went out asked the sentry at the main guard what o'clock it was. The sentry told me it had not long gone seven. Private Martin Flaherty (Eoyal Irish), said: At a quarter to oight o'clock on Saturday evening I saw prisoner in barracks. I know the hour, because the bugle Bounded at the timo. I was in prisoner's company till we all went to rest shortly before ten o'clock. I am perfectly certain ho never left the barracks after I first saw him. Private William Murdoch deposed to having soon prisoner go into the Catholic Chapel, Boul-cott-street, about 6.30 on Saturday evening, and to meeting hinf at Barracks at 7.45. Mr Allan intimated that he was in a position to call Beveral more witnesses ; but his Worship considered there was no necessity, and dismissed the charge. The prisoner was then released amidst the marked approbation of a large crowd which throngod the Court. CIVIL. Several cases of claims, for work and labor done brought against tho trustees of Wills' estate wero adjourned till Monday. J. Oegood v George Howe — Claim £20 for board and lodging. Judgment for amount and costs': A. P. Stuart; v W. Langloy— Claim £19 6s 4d. Judgment for amount and costs. John Petford vJ. F. Wills— £4 ss. Nonsuit. John Herbert v James Sim — £3 7s. Settled out of Court. W. Phehm v George Hanlan— Claim £12 12s 6£d. Nonsuit. Friday, Amil 17. ' breach of constabulary force ordinance. Alexander Brown appeared in Court to answer a summons charging him with not having his namo and place of abode legibly inscribed on a dray, his property. His Worship inflicted a fine of 5s and costs. THREATENING LANGUAGE. John Brown appeared in Court to answer a charge of using threatening language to one Jane Vaughan. Mr J. GK Allan appeared for defendant. Complainant snid that on Tuesday last defendant raised an axe as if about to strike her, and called her by very disgusting names. Defendant further threatened to throw a bucket of water over her, and for some timo used very bad lunguage. The dispute had arisen from complainant having remonstrated with defendant for opening up a drain on her property. By tho Court : Do you consider yourself in danper of your life. Witness : Yes, he shook his fist at me (laughter), threatened to throw a stone at me, and raised the oxe. " r Z"^ZZZ Z?, '%£' '- ■ :^ Cross-examined by Mr Allan . Had no malice against defendant. Wanted to get him out of a house he occupied. Did not want to get rid of him because a higher rent was offered by any body. Had never thrown dirty water on defendant's premises. Had not been in tho habit of culling Mr Brown a " thief, a vagabond, and a rogue." Had called him a villain, and said he was no man, because he had eaid witness was no woman. Had never abused defendant to his children. Had culled the children low-bred little imps. Would swear that defendant held an axe over her as if to strike her. Would not say that lie tried to strike her. Had drowned three kittens in a tub which was placed beneath a pump common to the houses occupied by witness and defendant. June Vaughan, grand-daughter of last witness, having given corroborative evidence, Mr Allan asked tho Court if it was necessary to call any witnesses for tho defence, as the charge was so trumpery and absurd. 1 His Worship replied that if any one swore that their life was was in danger, a Magistrate was bound to bind over tho person complained of, and that he had no recourse but to bind over defendant in the sum of £10 to keep the peace for six months. Mi ! Allan said that the complainant ought to to bo bound over also. His Worship replied that if defendant swore his life was in danger from her she would, of course, be bound over.