POLICE COURT.—Saturday.

Auckland Star, Volume I, Issue 234, 8 October 1870, Page 2

POLICE COURT.— Saturday.

[Before A. Clarke and John Williamson, Esqs., Justices."] Drunkenness. —Eliza McGinn was fined 03 and costs, or to be imprisoned 2-4 h^urs, Elizabeth Kennedy for a second offence, 10s aud costs, er to be imprisoned 48 hours. Lahceny. — Patrick McDonald pleaded guilty to stealing an overcoat value 20s, and was sentenced to two months' imprisonment with hard labor.—Patrick Dunn was charged with stealing 13 handkerchiefs from Mrs. Sheehan, value 7s. —David Sheehan deposed that the handkerchiefs produced had been stolen from his promises. Prisoner had been about the the house on several occasions.— James Wren deposed : Saw the prisoner at Panmure on Wednesday. He offered to sell me the handkerchiefs produced, he said he had bought them from a man named Burke at Otahuhu, on the Saturday before. I was suspicious, and kept them.—William Sheehan identified all the handkerchiefs as those 9tolen, six previous conviction* being recorded. Sentenced to three months imprisonment with hard labor. SMUGGLING.—THE SCHOONER PERI. Edward Nolan was charged by the Collector of Customs wich evadi. g the payment of duty on 10 cases of tobacco, and 12 casks of spirits, on the 12th March last. Mr. Brookfield fur the prosecution, Mr. Recs for the defence.—Counsel for the prosecution opened the case in detail, and called H. S. McKellar, Collector of Customs, who deposed : This suit is brought under my authority, and I have elected to sue for £100 penalty. I know the schooner Peri, tho defendant was muster of her in March lust. He arrived with her in Auckland on the 12th March. He made the usual declaration at entry on the 14th March ; he declared he had no cargo; he produced the clearances from N~ew Caledonia; he is therein described as nlpfivin" in htj.Hn.sit ;hp pniH no rlu'y. The Great Barrier and the island of Matoraka are within tlie limits oi tins colony. — lo Mr. Rees : I know a man mimed De la Piani; he has l/Ot been promised any reward for a conviction in this case. I do not know of any inducement being held out to him. —Captain Clayton, deposed :On the 28th of September I was arbitrator between defendant and De la Piani. One of the questions was regarding the voyage in March last for New Caledonia to Auckland. Defendant then stated there were goods on board on that occasion. I asked Nolan what the goods were, and he said, "Rum and tobacco." —To Mr. Rees : Defendant stated there might have been such aboard, but that he did not Bee them. It whs De La Piani thai first stated regarding the goods. I did not know what quantities there were. These articles did not come into the assets between the parties. —To the Bench :De fendant did- not deny that these goods were on board. —David Nolan, deposed : I am a member of the firm of Carey, Gilles, Hunter, and Co. Last month I was engaged with Capt. Ciayton in an arbitration case for defendant. He and De La Piani admitted that there was goods on board in the voyage in question. Nolan said, "I bought goods at New Caledonia to go trading with, and the weather being rough I bore up for Auckland. The goods I never saw afterwards. I don't know what became of them, I think De La Piani stole them." De La Pidni afterwards made a statement that by Nolan's instructions he had landed some goods about Kawau. In answer to a question from Captain Clayton, Nolan said part of the goods •was tobacco. —To Mr. Rees: Nolan denied his giving any instructions for landing the goods at Kuwau. —B. De La Piani deposed: In march last I was acting as mate. Defendant was muster. We came from New Caledonia to Auckland. There were on board the master, his two daughters, the crew, and John G-illies. On leaving New Caledonia, late in the evening, by the captain's orders, I took goods on board, viz., tobacco, ten cases, and rum,'about twelve or fifteen small barrels, each about ten gallons. Captain Nolan told me they belonged to him. Galliano and Gillies stowed them. I sampled the goods, and know .it was good rum and good tobacco. After leaving Noumea, we made Norfolk %Is-

land, and left soap and some brandy; we then proceeded to Auckland. We made the Great Bawier, and inside the Wellington Head after dusk, near where Immanuel, a Portugese, lives. Next day I came on board. In the evening a case ol tobacco and some brandy was taken ashore by Immanuel, being given to him by Nolan's orders. We then steered for an island inside the Kawau. On the captain being called on deck he took us to another island. He ordered me to put the boat on the side and put the to bacco and rum aboard, and pointed out to me the place where to bury it on shore. He assisted me to get the things into the boat. GalJiatio and Gi lies assisted me to take the things ashore. We made three trips, we conceded the things on tlie island by direction of Nolan. We then came up to Auckland in the fc»e i.—To Mr. Keea : I never saw the goods again. ■ On the 3rd April the Peri left again. A sailor named Philip Galliano and I went to the Bay of IsUnds. I know a yaung man named Marchand. I may have told him that we placed the goods on the island. Ido not recollect speaking to him at all. If I stated, to him that the captain knew nothing -bout the smuggling, it whs false. 1 am on good enough terms with Captain Nolan. 1 was pa^in^ attentions for some time to Miss Maggie JMolan. She did not decline to have any thing mare to fay to me. She told me if I had a row with her fadier, we could not get married. The old woman toW me if we >vere going to row I would huve to give up the laughter. I •• as made go out pretly quick, as the old fan said he would shoot me. 1 old Murchand that the guns of Fort Biitoinart would stop the Peri. Did not ask him to go and intercede with Maggie Nolan. I know a nun named B.eilly. Various conversations with this person were forgotten by vvimess. I met Captain Nolan in Shortlandstreet before the award was taken, and told him that if did nut take the award up, I would go and inform on him. I went to the Bay of Islands in a boat; told the boatman I was going to get kauri gum and crayfish. Philip Galliano and I started the day after the ieri sailed; went to the Bay of Islands direct, voyaging two nights and a day ; made three trips to Motu Iraka to land cargo. I do not remember the day of the week, but I remember that it was daylight; everybody on board was on deck at the time ; after landing tLie cargo we made for Auckland. We landed three good boatsful of tobacco, the cases were about 2 feet in length and 15 inches in depth. The tobacco was covered up on the beach by flax, as ordered by Capt. Nolan ; there wera no marks to distinguish the place as to where the tobacco vas left. Mr. Fernandez, who keeps the Kaiiway Terminus Hotel, told me that Captain Nolan sent Gillies to bring the stuff ud. The tobacco was brought on deck before "we reached the island. I saw Mr. C. Richards in Otley's store, where I offered him £25 for my share in the J-'eri.—Cross-examined by Mr. Brookfield : I was part owner in the Peri,' she has been seized by H. M. Customs, which has deprived me of my share. Nolan quite knew that the stuff was on board. —By the Bench : I have received several applications to withdraw my evidence from this prosecution, and one particularly from Mr. J. B. KusbcU 5 it was done on behalf of Captain Nolan. I was offered £60. It was about five months after the cause of this action that I gave information to the Collector. There was no person on the island at the time of the cargo being landed.

[Left sitting.]