POLICE COURT. YESTERDAY.

Thames Advertiser, Volume VII, Issue 1784, 9 April 1874, Page 3

POLICE COURT. YESTERDAY.

(Before W. Frasbr, Esq., R.IT.) Breach of the Qmra OaDsaisa RegctiiATions.— Thoma3 Manning was charged that he, being/the owner of certain machines useja in' extracting gold from ore or mu/eral substances, did unlawfully and wilfully omit to enter in the register-book, form B of the rules made under the Act, a true and correct account of all ore or mineral substance received, for treatmenG at his machine. The defendant in this action had been charged on Thursday last, but the-case was remanded, the defendant being b mud over in his own recognizances for £203 and one surety in a similar amount to appear when called upon. He now surrendered to his bail, and was charged as above. Mr Macdouald and Mr Dodd appeared for the defendant, who pleaded nob guilty.—Mr Bullen opened the case for the prosecution. He pat the Gazette proclaiming the rules, and the proclamation briaging them iato force ia this district, and the Q-azetks showing the boundaries of the gold, mining district iu evidence. He deposed: I am principal officer of police in the Hauraki Gold Mining District. The information in this case is laid by me. I know the defendant; he is iioensed as the owner of certain machines for the extraction of gold from mineral substances, and his place of business "is in Baillie-street, Shortiaud, within-the boundaries of the Hauraki Gold Mining District. I produce his license, and also the registor-boot-Thooiai Oass, who was-fetched in from the station, was called.—Mr M'icdonald objeofced that the charge was too va?uo for them to answer. | They were charged as the owner of machines, not.as owner of a machine. Wiiethor he hid nnre midlines or not he wu uob aware, but they wjre charged iudefiaitety as being owner of machines. —■ His Worship pointed out tliat ho was licensed for bordan( retort, retorting furnace, &c, which were separate machines, although thoy Wore all included iu one premises. A.II the paraphernalia attached made it in the pluraluuinbdr.-rMtMacionaldeoutended that the eorapm-jnt parts of the plant comprised one machine, and was entirely durinct from sep irate machines, one of which might be in Biillie-street; and the other pernaps iu U-rahanubowa/ ■ They were brought hero charged vaguoly with

two offences.—The Court ruled against him. They were simply charged with an offence alleged to have been committed; at the machine in Baillie-atreet. —Mr Macdonald said he would make the objection for what it was worth. In tho second place, they were not charged with a breach of the regulations or omitting the entry on any fixed date. They were charged with having omitted the entries for any time prior to the first of April. His Worship said that the information would be limited to the time.stated in the information on or about the Ist of April.

Mr Macdonald said then if it came out that the stuff was received on the 31st of March, he should object to the evidence. John Cass deposed: I am a miner sometimes. I recollect Tuesday, the 31st of March., I saw defendant on that day. on his own premises in the yard opposite Lempriere's brewery. I saw a berdan' and a concern where they were crushing malt. Tho berdan was not working at that time. I asked defendant if he was the man who owned the premises and he said yes. I asked him did he do anything in the specimen line, he said " Yes, when [ get the chance." I told him I had some to be crushed if he had, time to crush them. He said he would, and I asked him to name the time and that I'd bring them. Ho told me to bring them at 7 o'clock,, and that ho would crush them. He asked me would I like to ; givemy name.... I said " I shan't give my name for no man." He said it made no odds. I told him to be there to the time f and I'd come. I then went away and returned at. 7 o'clock the same evening bringing with me a parcel which was named to me as specimens. I did not see the stone. 1 delivered the parcel to the defendant and told him to examine them and see what they were. He said it, was all ■ right. L then astced him what time I'd come, and said about 12 o'clock, but he said at 8 : o'clock. I was to come for the money or the return of the specimens- There was uo agreement made as to what I was to pay foe having the specimens crushed. I then left the yard. Detective Brennan employed me • to get the specimens crushed, and he accompanied me to the defendant's yard. He gave mo,tho specimens in Grahamstown. I saw Breuaai immediately after leaving defendant's premises. 1 returned at, 2 o'clock next day. 1 saw defendant about 3 o'clock. I asked him had he crushed the. stoue. He sail he had; they did not turn out as well as he expected. I told him ho could, not expect more out of them than whatj was in them. I asked him if he weighed .che parcel. Ho said they weighed 41bs. [ then asked him what .was-the return. He said, he got £6 7s 6d for .the gold, lie said that is the full amount, and my charge has to come out of that. £ asked him what his charge was. He : said 18s, but 'that when other people crushed, and were satisfied they always allowed him a few shillings more. I said as it was a custom I would not be worse than another. I would allow him 2s, that would make it a pound. He asked me to go to the Willoughby Hotel, and he would pay, me. We went to the hotel into a room. He asked me to have a drink, and I took some beer. Defendant had then an account of the crushing on a piece of paper. , He laid down the £5 7s 61, and tore the paper up. I salll wish yon had not torn that as I wanted to show it to my mate, e said he would nuke it out agaiu, and he called for pan, ink, and paper, which was brought in by the barmaid. He wrote on the paper. I will not swear to the bat he read it to ma. I rolled tho papar up in the notes, and handed all to Detective Brennan when I saw hinpabout 20 minutes after. I won't swear that the paper produced is the same. Prisoner paid me £5 7s 61. I said these spjeimen affairs are dangerous things, and asked him if the police troubled him. He said sometimes they came and looked round, and that Mr Bullen and the Inspector of Mines also came. Tasked him if : Detective Brennan . ever came. He said yes, but that so lon,' as only one man came with the specimens he did noc cure for the police, for he would swear them out that he never saw thorn. He told mo next time I came to see Mrs Brown, the landlady of the hotel, and she would send for him. He told me his name was Thomas Manning.-By Mr Macdonald: I am a miner at times. I am now a labourer. I was employed in this job. There was no sum nampdj but [ wa3 to be paid for my time.- Detective Brennau was my employer. I have told the truth of the conversation whioh took place with Manning. I did not tell him £ was a poor man. The gold which I had was not mine; it belonged to Detective Brennan. I did not know atfirstthatl was to tempt thi3 man to break the law. thai no idea until I gave Brennan the money that I was assisting to get the defendant to break the law. I thought the specimens belonged to Brennan, whom I knew to be a detective. They were brought to my house. This was the first job of the kind I ever did; and T would not have done it had I known it was to come to a case. I thought the specimens belonged.. to Brennan.— Elizabeth Jane Brown deposed: I reside with my father at the Willoughby Hotel. [ don't remember seeing Mr Mauning at the Hotel on last Wednesday. He is generally there every day. I don't remember whether,it : was on Wednesday or not he asked'm) for a piece of paper. I thiuk it was Monday. I was brought to the Police Court on Thursday. I did not then say it was on the previous day. I coull uot say that the paper produced is what I gave him. I don't thiuk there was anybody with Mr Manning when I gave him the paper, and I think there was nobody with him. — Detective Brennan deposed: I am .stationed at Portland. I gave.the witness, Cass, a parcel of gold-bearing stone rolled up in, a towel with a bag round it. It weighed 71bs. I accompanied Cass to Manning's premises, and saw Cass talking to Manning in the yard. I afterwards met Cass in Baillie-street. He had not the stone then. I saw him the next day iu the same street, near Manning's house, between 3 and 4 o'olock. I mat him afterwards on tho beaoh, when he gave m 8 the paper produced, and the sun of £5 7s. I visited Mr Manning's machine - house • on the Ist of April. I asked him hai he crushed any specimeus lately. He said uot; tint he had never crushed any except tho two lots entered in the book. Tasked to see tii© register-book, produced.. The last entry made in it is the 28th of Mircli. There is uo account of any ore or minaral mbstanco treated for Cass.. I impounded the book, which is now in the same stase is it was then, This was about half-past din the evening a?'ter I got the money t'rom Cass. I wenc to the Willoughby tlotel t) see and get the book from whioh the leaf produced was torn. After a groat deal of unwillingness on the pn't of Mrs Brown' and her daughter, I got the book pro luoed from whioh the leaf was torn, which was Oasj. ; (l?he book was a smill accouut-book.) —Mr Macdonald said that in consequence of the manner in which the oase had boon got up, he had

I no evidence to offer to contradict it. With respect to the manner in which the case was got up, he had now nothing to say. With the question of whether it was right that the police should get up cases in this way by laying traps; he would say nothing at present, as tho police, so far as he was aware, were not now on their trial. He would, however, urge the objections which he had raised, although ho acknowledged they were technical objections.—His Worship said that he had now been Resident Magistrate for five years, and this was the hrst time in which he knew the police to lower themselves by condescending to this method of getting up a case. He much regretted that the police found it neceasary to resort to this step. He would have been much better pleased to have gone on as Resident Magistrate without such a thing having occurred. If was contrary to the spirit of justice, I fair play, and right, or manly feeling. He considered that the business of the police was to deter and prevent crime, but riot to induoe people to commit crime,foe the purpose of making a caso againstthem. —it this stage of the proceedings there were expressions of applause amingstthe audience, who evinced their approval of his Worship's remarks by stamping their feet, but the applause was suddenly and sternly checked by the police.—Mr Bullen pointed out to his Worship the great difficulty which existed in detecting offences of this charaoter.—His Worship said that this was a matter belonging-to the police. He had no option but to inflict the. penalty of £200.—Mr Bulleu applied to have the defendant eater into recognizances for the payment of the fine, and in support of the application quoted the 37th section of the Justico jf the Peace Act. He asked that the defendant might enter into recognizances for the payment of the amount, or that a warrant of distress might be issued.—-Mr Macdonald contended that tho section quoted did not apply in this case, as the Act provided an alternative of imprisonment riot exceeding four ixunths.—His Wonhip thought tho 7th section of the Quartz Crushing Act shut out tho37th section of the Justice of tho Peace _ Act. In tho mkntiun ho wouli iufliot tho penalty of £200. —Mr Bullen asked was the defendant then to be allowed to go at large; if so, the whole proceeding,wa? only a solemn farce. His Worship, after some further argument, named as the alternative three months' imprisonment.' —Mr Macdonald thought that under the circumstances a lesser alternative might be deemed sufficient.—His Worship said that whenever he alloyed his .feelings to carry him outside the law, he always got into trouble over it. He would have no feelings in the future, and: there; was nothing in the conduct of the police which could at all palliate the conduct of the defendant. L'he alternative _ would be three months' imprisonment, in default of payment of the penalty. Ini?oasDi!fG Oactoe. — ELehira, a native, was charged with unlawfully impounding certain cattle, to wit, one c jvv and two oalves, tho property of Jojsph Buckley,' on the sth Maroh.-Mr Dodd for plaiutiff, and Mr> Macdonald for the defence. -Mr Gr. P. filkinsoi was sworn interpreter. Witnes *es ware ordered out of Court.—Joseph Buckley deposed that on thesth March a cow anl twooalvss of his were impounded. - fte left them on his own land, beyond Kirikiri, two days before. He next saw them in the pound. There are inolo3U'.'6g in Kirikiri, but not near his land, whioh was nob enclosed. He. deposited with Mr Puokey £3, being twice the amount, of the damiges claimed. While lie was taking the eattle up to his land defendant and other n itive3 threatened to drive them down. He said they would have them brought .to the pound or shoot them. He askedthe natives up there to point out the damage, but they could not point it out to him. He did not ask the defendant. There was 1 no proper fence in Kirikiri. ' : There were only tea-tree stakes tiad with ; flix„— Jam)S Grordon recollected driving the cattle to' Mr Buckley's ground. They were impounded shortly after. There was good rough feed where he left the cattle.-tiehei te Waka, the _ defendant, deposed that lie owned land in Kirikiri. The cattle which he impounded were at Kirikiri, inside his fence, a wattle' fence, l'he cattle got in in the eveniag, and were found there in the morning. He did nob see tiiem get in, but lie saw them' outside the fence in the afternoon. The cattle destroyed oocn, maize, kumeras, and melons. The maize was nearly ripe. There was about half-an-acro destroyed. Defendant was further examined as to the damage caused by- the trespass,, and the sort of fence which enclosed the land. —Mr Macdoaald contended that- this Court could not deal with the question at issue.—His Worship made an order that the £3 deposited with Mr Puokey should be refunded, and that defendant pay the costs, which amounted to £3 8j 6d.

WAtfDßaitia Hobsb. -Joseph Byers was charged with allowing a horse to wander at large in Mackay-sereat, Shortland, on tho 23th ultimo.. He. admitted the offence, and was fined 2s 6d and costs.

Oniiim on - Fxbe.—Joha Ritchie watf charged, with, alloying the .eluiuuey of tlie house o'ouupiod by liim to take fire on Ist instant. if j ffas fiaad 10s aad ooafc3.