POLICE COURT.—Thursday.

Auckland Star, Volume I, Issue 238, 13 October 1870, Page 2

POLICE COURT.—Thursday.

(Before James Williamson and A. Clark,

Esqs., Justices )

: Dbunkenness. —Frank Brotherton, for drunkenness, was-fined 5s and costs, or to be imprisoned 24 hours with hard labour. James Leslie, for being drunk and disorderly, was fir.cd 20s and costs, or to be imprisoned 48 :hours with hard labour.

Liboeny.—Richard Luscombe was charged ■with stealing five Crimean-shirts, value 255, theprbijelrty of H. Burg, of Albert-street. — The case was remanded tUI to-morrow. —

!- ' - . ■•- - '-"' ' ' ftg _. Another .similar charge ..against the -Samer prisoner was*also postponed. ..-...:■..■'«' |Jp? SMUGGLING;: —' dward Nolan' was charged, with ev:i'Ung,.payment of. Customs 0n.47 lbs. of tobmvn/on 16ili-?.epfe, 18*0.—Mrs Brook--field for the prosecution ; Alr i? .Rees for the defene«. i ~Mr. Rees made applicationto hear an additional witness examined respecting the previous change against the same defendant.— ■Application refused.— BL „S. McKellar,.. Collector of Ciistoms.for the port of Auckland, deposed: The Peri,, on 17 tli Sept.. belonged half to Nolan arid half to De la Piani.Y On pnteriug this ve-sel on her arrival'at the port last month.' defendant declared for A.no stores on "board, and only a cargo .of fruit. Tobacco is a dutiable article.—To Mr Rees: It is customary to report, all stores, if of dutiable goods, however small the q anfify"—B. Ac' la Pi'ani dep sed :lam p n't owner of the-Pciji-- Recollect the schooner arriving last month. I went on board on the day of her arrival, and on the nay after I went .0 '.'EdP?_in'j;con?equence Of what Nolan -told-' me. In the morning, being on board, T had seen some tobacco among tho sailors on deck, and being used rather freely. Going below to stow any tobacco away, I saw a few plugs lying about on the lockers. I put it n one side. On opening a locker I saw half a case of tobacco. I closed the locker, and going to Capiain Nolan's house, I told him. He told -me it was ship's stores. I asked him if he wbuld'sell some. He said yes. I asked him the pri c, ard I offered to sell it for him. Going down to the vessel I met Mr Logan. ; .. tried to sell it to him, but euild not. In j the evening I went to the vessel with the two : Misses Nolan. Met, the captain on board, j He gave me a gunny bag, and took the tobacco ' from the locker ond put "it into the hag. lie took some more from his sea chest. ' There were two lots in the bag, and I j took it, up to Nolan's house, where I lefr.it that j night. 1 made an offer to sell it. and vmm I offered me 2a 7d' a pound. I went to Nolan j and told him ; ho instructed me to let him have it. Miss Maggie Nolan weighed the tobacco in my presence ; there were 43 lbs. There wis a sailor named Has well on board, j To Mr. Rees : I believe Mrs. Nolan was on the j Peri when thepirls and I went aboard. Wa all went down to the cabin. Did not, Rsk tho captain if ho had got. any tobacco on board, or i anything of the sort. The o plain did not say j "\tc*." I hive tho remainder of a case we have I been using sineeleavingNew'Caledoiiia." -1 did not say anyi lung in the cabin about the men handing it pretty freely about on dec'; during the day ; 1 did not say we had bet er tike it up to your house. Captain Nolan did not say " >>o, it -.ad bettor stay in the ship and be u-cd j by the ship " I had opened the locker by the j button. If I had been smuggling I would not have left it about, so. 1 saw the tobacco. I dare say 1 saw Marched on board on Friday : this was tho day after.the conversation in the cabin. Did not tell Marched that I hod taken tobacco from the I'eri and carried it up to Queen-street, in a bag in daylight. I said j nothing to that effect. I did not tell him that T had sold it for 2s-9d a-pound, and that the captain knew nothing about. I did not say that if the captain knew anything about it there would be a row. Di 1 not say. that 1 was half-owner and had a ri*g t to do as I liked with the tobacco. I do not know the name of the man to whom I soil the tobacco. It was within a few yards of Captain No!a i's house. I had met him in Shortland-street by chance. It was about noon. I arranged to have it weighed and meet him at the monument. He paid me in. notes. It was £5 and about, 15s. It was nearly opposite Captain Nolan's. Miss Maggie Nolan had sent me an hour or two before to borrow the scales. Do not know where got the sc dcs Do not, rem mberifit wai before or after I had seen the man that 1 got the scales. Do nor remember if I brought them at one time. Do not- know how many weights I brought. When I fetched the scales she then w.ig' ed the tobacco. After it was weighed I went and met the man, sold it to him, aud brought the money to Captain Nolan. It may have been two o'clock when I sol lit to him. [The evidence of the witness here wavered considerably under cro3.s-exaiphial.ion respecting the weighing and sale of the tobacco.] I remember, when retiring from the vessel on Thursday night with the fa;j ily, 'carrying the bag of tobacco. When carrying the bag I did not complain.of the jui eof the oranges) .going down my back. I believe that was on another occasion. I may have made two trips. Ibe lieve I did, make two trips. lam a native of Genoa. I left because I pleased. It was not because the Customs officers were after mo. I kno.v Loomey. Knew him at the Cape._ I called him on board on Thursday morning. Nolan had given me' a hint. I asked him if he would buy t bacco, but ho refused. . Had made overt-res to Captain Nolan for smuggling ; but it was only policy. Remenib r with Miss Alaggie Nolan to Mf. Gentles' f r fruit Ire- s. Never said to her that if her father would not join me in"' smuggling, I would leuve the Fori and get a vessel built. Did not tell her that I had been at the Crimea, and bought a vessel, which I-had lost, by smuggling. The evidence I gave last week against Captain Nolan was all true. Heard my evidence contradicted by Mr. Russell, Marchaud, and Aliss Maggie Nolan. She did not speak the truth, but I did. CouldTiiot say that the'loWa'eo weighed j and sold was the same bi oughtTromThe ship. ! —To the Bench :In explanation of the term ' "policy" used with reference to suggestions to the captain to engage in smuggling with him, witness stated that he did so in the hope that by so doing he; might get Lbaoksome of bis munt-y, He also reiterated the statement contradict ad by Mr. J. B. Russell, and'swore further that Mr. Russell had urged the Settlement of the arbitration Case by £60 on condition that witness should then come to Court and capsize tho prosecution. —Hugh Haswcll deposed: I was a sailor on the Peri, from Rorotonga. to Aucklaud last month. We arrived about the 15th September. There was a b x of tobacco on board when we arrived in harbour. Ido not, know wliat'.became of it.— To Mr. Rees : This tobacco had been uoed on board coming from New Cule- j donli. The captain had sold some to the ( morion board. I believe I opened the box. I think it "as after we left Noumea.' It was j about five mouths ago, during our first trip to New Caledonia, and. the box had been used : during the whole time since. The box had originally contained a-'-out 50 or 60 lbs. 'Do . not know how much was in the box when we came in here. After we sighted the Barrier, l:'Baw it last.- It was then more than half | full. The Custom house officers came on board about 9 o'clock on Thursday morning. One j went down into tho cabiu. They would have j had "So difficulty in seeing" the tobacco in the ;.

locker. Remember the captain and young ladies coming on board after the officers were on board. Never saw the tobacco since beside (he Barrier.—This closed the case for the prosecution. —Mr. Rees addressed the Bench at. <ome length, and was proceeding to cab rebutting evidence, when the Bench decided that it, was not necessary, and the case was dismissed.—The Court then adjourned foi twenty minutes to consider the verdict on the formei* case.— On resuming, the Banish declared that no decision could be arrived at..- on the former charge of smuggling, Mr. Cln'ke being for'conviction,.and Air. Williamson for acquittal. It was ultimately decided to disriiisß the case,L but not on its merits, which does' not. preclude the laying of a fresh information. -