RESIDENT MIGISTRATE'S COURT.

Lyttelton Times, Volume XXII, Issue 1261, 9 July 1864, Page 5

RESIDENT MIGISTRATE'S COURT.

CHIiISTCH UllCH.—Thit.sdat, Jilt 7. (Before C. C. Bowcn. Esq., R.M.) Ducsk and Incapable.—E. Simpson charged with being drunk and incapable, was discharged with a caution. Friday, JULY 8. (Before C. C. Bow en, Esq., R.M.) The Fire at thi; Golden Fleece. —Hon oral) Oakes, who had been out on bail, and John Kenny, who remained in custody since his remand on Thursday week, were again brought up this morning on a charge of having feloniously, unlawfully, and maliciously pet fire to a dwelling-house, known as the Golden Fleece, corner of Armagh and Colombo streets, on the night of the 27th or the morning of the 28th June last.

Mr. Garrick, as formerly, appeared to watch the proceedings on behalf of Mrs. Oakes. and I)r. Foster attended on behalf of the male prisoner.

Inspector Pender applied to have Alice Fletcher, lhe housemaid employed at the Golden fleece at the time the fire occurred, who was examined on the last day of the inquiry, recalled. The application being granted, Alice Fletcher was again examined—Mrs. Oakes was in the habit of locking the doors at night. They M ere all locked on the night of the fire. I saw her lock them at twelve o'clock that night. It was before the fires were put out 1 saw her lock them. I saw her lock the outer doors. The windows wereall shut and fastened. I wasn't asleep when Mrs Oalces came into the bedroom in which 1 was slewing. I was fast sleeping at the time the alarm of the fire was given. I know the place where the woi.d was cut for burning. It was generally cut in the yard. I know a man mimed Gardener, lie was at the Golden Fleece on the forenoon of the day before tiic fire. I cannot tell when lie went away. He generally came up to chop wood. 1 don't recollect what he was doing at (lie Fleece on the27th. I know a boy named Joe. He went to bed i.i the Fleece about hali'-past eleven o'clock that night. 1 packed up the master's clot lies, the mistress's clothes, and some belonging to the children, on the 27th. Mrs. Oakes told me to pack them up, as their time in the house had expired, and they intended leaving. I put the clothes in a box. The box was a middling large one. I saw a box put out of the window by Kenny. . That was the box I put the clothes into. Kenny's clothes were also packed up in his box, as he was going to leave the house. I don't know when or at what time he packed up his clothes. How 1 know that he packed them up is, because I saw none of them lying in his bed-room afterwards. No one assisted me to pack up the clothes.

Jji reply to the Court, Dr. Foster said he would reserve his right of asking the witness any questions until the examination of the other witnesses had concluded, as his knowledge of the facts was comparatively little, not being present on the day upon which the enquiry was instituted. The Magistrate informed Dr. Foster, that if lie wished to have the witness recalled at another stage of the proceedings, his request would be aceceeded to. On further consideration, however, Dr. Foster said he would not further trouble the Court by recalling the witness.

Inspector render asked the Magistrate to direct witnesses who should he examined not to communicate with others who would be called upon to give evidence, which was done u.i:covilingly. Wni. Thompson sworn and examined —I qui a Jaboprer. lint lijtve been a shepherd for some time. 1 reside ill Christchureli. i slept in the Golden Fleece on the ni{iht the lii'o oucurwl, J hiul been staying there five or six days previous to the night of the fire. Sometimes I chopped a bit of wood or brought in a shovel of coals at the request of those residing in the house. I know the prisoner Kenny. Jlc was manager for Mrs. Oakes. I remember the day of the fire. I did not observe anything remarkable about Kenny on the 27ih, except that he appeared to be extraordinary busy. I went to bed at nine o'clock on the night of the fire. I awoke about twelve o'«loek. I heard merry-making in the long room about that hour. I slept 110 more that night. I could not identify Kenny going to bed. I cannot tell when Mrs. Oakes went to bed. Between twelve and one o'clock I heard the slamming of doors, as though the house was being shut up. All retired about one o'clock. I heard nothing further until my attention was attracted by what appeared to be the breaking in of a door. I reckon that occurred about two o'clock in the morning. At first I thought it was adrunken spree; butthenpise having contumcd for tlirGe or foui minute., I got up, and to b jj owing to the confusion of doors, I was unable to uo so When I heard the alarm of fire I also heard several voices, but I cannot tell whose they were. I knew a dock that hung up m the long: room. It was removed three or four days before the fire occurred I heard it bad bgen taken away for the

purpose of being impaired, us it was out of order. I saw the piano in the long room when I retired to bed on the night of the 27th June. Parties were playing at it when I retired. I saw a case lying where the wood was usually cut a day or two before the lire took place. It. was a square ease, but. I cannot tell what, sort, of wood it was made of. I cannot say I saw it on the 27th. To Dr. Foster—After 1 heard the people retire to bed I did not lieur a single footstep until awoke I),V wimt appeared to be the breaking in of a door. I have never known a more vigilant man than Kenny. I should say that people would not keep up merrymaking till one in the morning without taking some drink. George Coates deposed—-I am a jeweller, watch and clock maker, residing in Colombo street. I recollect the prisoner Kenny calling at my shop, 1 think, on the Friday previous to the fire, and speaking to me about a clock which wanted repairing. I cwlied on him at the Golden Fleece on. the following day for the purpose of looking at the clock. I observed that the top of the pendulum bad been forced olf, but whether from accident or design I cannot say. It had however been broken off violently. As the clock, which was a picture one, was very heavy, I said 1 would send for it, and went away. I did not take particular notice of anyone in the Golden Fleece when I went to examine the clock. I neglected to send for it, and it was brought to my shop on the dav before the lire occurred. Gustavus Gardener on being sworn, deposed—l reside in Christehurch I don't recollect the night of the lire at the Golden Fleece. I saw where the lire was. On Monday, the 27th June, I was employed breaking up a bit of manuka and white pine wood from old boxes at the Fleece. ["Identified the wood produced on the former day as being similar to that, which he cut up on the day in question.] 1 cannot swear whether 1 or Kenny cut that wood. I did not see Kenny cut wood of that description on that day. I put the wood which I cut in the kitchen, close to the fire-place. I left the portion of the case I cut outside the house. I cannot tell how long the I case was in the yard previous to the day on which I cut it up. No one directed me to cut it. I saw the wood for the last time in the middle of the day. [Pieces of wood shown to witness.] These appear to be similar to the ones lying about the yard. I had no personal dispute with Captain Oakes about the Golden Fleece, as I left my business to my solicitor. I was the original builder and owner of a part of the house. About the time the fire took place there was no dispute between me and Captain Oakes respecting it. I heard some of the ostlers say a long time ago that if the Golden Fleece was burnt down they would give no assistance. I did not see any of the property carritd away before the fire broke out. Inspector Pender having intimated that he had no further evidence, His Worship said nothing had been adduced connecting either of the prisoners with the offence, and discharged them. Horse Stealing.—ln the caseof Ihomas Savers, alias " Yankee Tom," who was remanded by the Bench at Kaiapoi to Timaru on a a charge of horsestealing at Waimati Bush, an application was made to have the witnesses examined in Christclmrch, as, since the prisoner's conviction, it had been discovered that, the charge against him could not be substantiated. The application was granted. LYTTELTON.— Fkiday, JULY 8, 1864. (Before Wm. Donald, Esq, 11.M.) Samuel Parsons was fined 10s. and costs, for alllowing two horses to be found wandering at large in the town. Conviction under the New Passenger Act.— Alex, Rose, Esq., acting immigration agent and landing surveyor of H. M. customs, Lyttelton, laid an information against Captain Dunn, of the ship Ivanhoe, for an infringement of the provisions of the Passenger's Act Amendment Act 1863, 26 and 27 Vict. cap. 51. by carrying more than 15 passengers to each hundred tons of her registered burden, and bad on board as cargo certain cattle, to wit, six sheep, contrary to the provisions of the aforesaid Act. The owner, charterer, and master of the said ship being liable to a penalty not exceeding £300, nor less than £5; and that Edwin H Dunn is and was during the voyage master of the said ship. Mr. Hose gnve evidence corroborative of the above. Captain Dunn admitted the sheep were on board, but they were on the topgallant forecastle. j lie was quite ignorant of the Act; it was only passed about a year ago. Shaw, Savill Si Co. sent the sheep on board, and he considered they are the parties liable. The sheep were on board when the Emigration Officer passed the ship. John Thomas Rouse was called to give evidence on behalf of the General Government. He said he was a Commissioner of Immigration. ' lie saw a number of sheep on board when visiting the ship off Camp Bay. The sheep were on the main deck then; they were nearly abreast of the main mast; from the position, he considered the sheep prejudicial to the health of the passengers. The Bench inflicted the lowest penalty, £25, or £5 per head for five sheep. (Six were originally shipped, but one died on the passage.) KAIAPOI.— Tiiuusi>ay, July 7. (Before W. C. Beswick, J.P.) Thomas Savers, alias Yankee Tom, was brought up in the custody of Sergt. Bickle, of Kangiora, charged with horse-stealing. The horse in question was the property of Mr. John Manchester, Wainmtc Bush, and was stolen from there on the 14th of Maylast. The prisoner sold the horse to Mr. Baugh, of Kangiora, where lie was apprehended on Tuesday last." Remanded to Timaru.

Lost Jewels.— I The death of ail obscure German artist, and the recent revival before one of the Paris courts of the celebrated diamond necklace cause cckhre, bring to mind a singular adventure which caused some veara ago great scandal at the Court of Munich. Before Lola Monte?, went to the capital of Bavaria, Ivins Louis's attention was attracted by a German prima donna, Charlotte Ivendrlck. One morning King Louis discovered, as ho crossed the palace nursery, the ilo-.r of the room covered with hi* children's toys ; among them were several doil babic3. lie was then on his way to Charlotte Kendrick's rooms. lie thought that a single; doll would scamly be missed from among the numerous toys that filled the tio<>r. He put ore of them, the first he could lay his hands upon, into his pocket. When he reached Charlotte Kcndrick's lodgings lie gave

the doll to her child and forgot everything about it. While the King was closeted with the prima donna, the palace was in an indescribable state of confusion, A great robbery w:is discovered to have been committed in the "Queen's bed-chamber. A valuable turquoise, surrounded with enormous diamond'', and worth about 20,000 dollars, had been purloined.. r l'he unfortunate occurrence was concealed as long a* possible from the King, for he had given the jewel to his wife and prized it extremely. It could not be kept longer from him, and the moment he was informed of it he sent for the police, and ordered that% no pains should be spared to discover the culprit, whom he vowed should be severely punished. Several servants were arrested on suspicion. All the diplomatic corps and the most distinguished company of court were present. The daring robbery committed ill the morning was the subject of general conversation. The turquoise was familiar to everybody in the court theatre. Charlotte Kendrick appeared in the third piece; it was sonic favorite bruvurti from a grand opera. She was dressed in light bine silk, trimmed with white lace. She advanced to the front of the stage and bowed to the sovereigns, and then to the other spectators. As she rose from the profound obeisance made, all eyes were riveted with astonishment upon her stomacher; there glittered the royal gem lost that morning! A buza oil wonder rai> around the room. The king blushed deeply. He saw at once how the alleged theft hud occurred. His children, finding the breastpin on the table, thrust it into the dress of their favorite doll, lie had not observed it. and had given it to the prima

donna's daughter. Charlotte Kendrick did not see the valuable breastpin until after the Kind's doparture. She thought. ho hud, for delicacy, adopted this indirect way to make her a valuable present; and to thank him as delicately she wore it ne*t her heart lit the state concert. The King was obliged to confess what had taken place, and to explain the mistake to the prima donim, who with a heavy heart, aurrendired the valuable trinket. The palace; servants were at once released with a valuable gratuity in money to compensate them for their imprisonment. Fancied Enkiiikb or 'run Pbkb?.—A Saturday

Tieviewcr comments very reasonably, as follow'B, on the prevalence, or at any rate the frequency (it a certain kind of hatred, arising out of sudden misconception, imagined slights, fancied insults, and hypothetical wrongs :—" A novelist may eome to the irresistible conclusion that such and such a journalist, and no other, must certainly be the man who wrote that horrid article upon his or her pet novel. Or a politician may be quite sure that such a writer, and no other, made that offensive remark upon him in a leading article. One of the most curious parts of a journalist's experience who happens to be behind the scenes, is to observe how many persons feel quite sure, first, that particular articles are written by par» ticular men; and next, that such and such passages ! were specially aiuied at them. It is needless to add [ how, almost universally, they are at fault."