RESIDENT MAGISTRATES' COURT.

Lyttelton Times, Volume XX, Issue 1166, 5 December 1863, Page 5

RESIDENT MAGISTRATES' COURT.

CHRISTCHURCH— Thursday, December 3. (Before Joseph Brittan, Esq., R.M.) LARCENY. John Ward was charged by John Birdsey of the British Hotel, with having stolen a mustard pot and two bottles of pickles. John Birdsey stated that on Wednesday last, the 2nd December, he was engaged in clearing away the preparations which had been made for the public breakfast provided by him on the occasion of the opening of the Ferrymead Branch of the Railway. Having been told that the prisoner had been seen to put a mustard pot in his pocket, he went up to him and demanded what he had in his pocket. Upon this the prisoner took out two bottles of pick'les. Witness asked him what he had besides, on which the prisoner pulled out a mustard pot. Witness then brought the prisoner into town, and gave him in charge of the police. Witness could not identify the pickles further than that they were of the same kind as those in his possession ; but he could positively swear to the mustard pot as his property. The value was about 4s. In defence, the prisoner pleaded that he was slightly intoxicated, and that the persons in his company were in a similar condition. He admitted that the mustard-pot was in his possession, but denied that he had any felonious intention in taking it. He merely intended to remove it to another part of the building with the intention of using some of the mustard. One of the waiters had, on his asking for some mustard, handed him the pot, and told him to ke Theßesident Magistrate remarked that he could attach no credence to the statements of the prisoner. It was evident that he had intended to steal the article in question ; and he would be sentenced to two months' imprisonment, with hard labour, in Lyttelton gaol. STABBING WITH INTENT TO MURDER. John O'Malley was brought up on the charge of having stabbed a man named Boswell, who is in the service of Dr. Barker. As the prosecutor was not able to appear, owing to the wound which he had received, the SergeantMajor applied for a remand until Monday next, which was granted. LYTTELTON—December 3. (Before W. Donald, Esq., R.M.) Peacock v. McNeil—Claim roil £4 10s 6d. This claim was made by J. T. Peacock & Co. against the captain of the Zambesi for the above amount for short delivery of brandy contained in two qr.-casks, part of the cargo of the above ship. Mr William Newnham was the first witness called in support of the claim, after being sworn he said: I represent Peacock & Co.; some quarter-casks of hrandv were amongst consignments to us Dy tlie Zambesi. Out of the quarter-casks two had been spiled and about six gallons brandy abstracted One cask was leaking from the spile hole, and I had to Dump it off. The warehouseman could not resSf it appeared to have been recently spiled. I called the attention of Capt. McNeil to it; there was no sign of any other leakage from the cask. I ascertained the deficiency by the Custom's gauge. I estimate the value at 13s 6d per gallon. , Wm. Littlecott was the next afto bemg duly sworn said: I am storemani to MrJ). Macpher son. I called the attention of . M^ W t £ g 4 re re ! two casks of brandy, they were leaky . they were re ceived in store on the Saturday afternoon. I saw them on the-wharf, they were spiled O ne have been recently done. _ I saw it lighter; there was not time to do iti-wtownart. I do not know the name of the man in ch g t lighter. I first saw the leakage on thejetty. When I mentioned it to Mr. Woledge he said ' Oh, a survey of them." I saw them gauged by Mr. Pat-

ten; one cask was four gallons short. I don't know about the second. The spile could not be stopped; it was in a seam, and appeared to have been done by a gimlet. To have attempted to stop it would have opened the seam. The captain came in and saw one cask; I don't think he saw the second. The captain said lie did not think it had been done in the ship. C-apt. McNiel was then sworn: he said I swear the cask was newly spiled, at this time it was in Peacock's store; it was leaking. I have a receipt that all the packages I have landed were in good order and condition. The Second Mateof the Zambesi gave the following evidence: the whole of the 16 qr casks put into the lighter, were in good order; none were spiled. I saw them put in; they were put over the side of the ship, as soon as started from the hold. I was in the hold the whole of the time; the men had no chance of spiling a cask. A receipt was put in for 19 cases, casks, &c., signed, " John Pledge." By Mr. Newnham: I slung every cask myself. Capt. told me to be very particular. I should have seen a leakage certainly. The Resident Magistrate said, in the absence of the lighterman, he must give judgment for the defendent for the full amount and 7s. costs. TlMAßU.—November 26. (Before B. Woollcombe, Esq., R.M.) larceny. A man named MoTgon was charged by the police with stealing an opera glass from Mr. Simpson, at Timaru. The prisoner pleaded guilty, and having requested the Magistrate to deal summarily with the case, the Resident Magistrate sentenced the prisoner to one months' imprisonment with hard labor.