LYTTELTON.

Press, Volume XXXIII, Issue 4638, 12 June 1880, Page 3

LYTTELTON.

Fbiday, June 11.

[Before Joseph Beswick, Esq., R.M., and J.

T. Potts, Esq.] Labobny.—William Niohol and William Wakelin were charged on remand with stealing a piece of bacon from the Grown Hotel, on Sunday nigkt last. Mr Nalder appeared on behalf of Wakelin. .After hearing the evidence, the Bench remarked that both the aocused had had a narrow escape of being sent to prison for two months. Taking all the circumstances into consideration the case would be dismissed.

The Cattlb Act.—Garforth and Lee were fined 10s for allowing a horse to be at large; W. H. Armitage, 10a; James Higgs, 10s; William Mitchell, two charges of allowing oows to be at large, 10s each.

Breach op the Habbob Regulations.— John Madden was charged with depositing, on 27th of May, ballast from the lighter Mystery in the harbor near the reef, contrary to the statute. Mr Nalder appeared to prosecute. The defendant said he was not guilty, not having been on board the vessel that night. H. B. McLellan, harbor master, sworn, -aid he knew the defendant. He recognised him as master of the Mystery. On the night of the 27th he deputed the coxswain of the pilot boat to watch .he lighter, having heard that ballast was being thrown in the harbor. The coxswain reported what he had seen to witness that night; but when he and witness went down to the wharf and off to the place at whioh the ballast was thrown out, the vessel was gone. James Lewin, sworn, said he watched the Mystery on the afternoon of the day in question load alongside the City of Florence. She finished about 4 or 5 p.m. She went out at close on 6 p.m. He did not then watch where she went. Between 9 and 10 p.m. in a dingy he saw the Mystery about two cables' length from, the reef. She was at anchor, with her mainsail set, but had no light up. She would be about in thetraok the steamers would take entering between the moles. Witness went on board, having heard them before this throwing out the ballast. When he got on board about half the cargo was out. He stopped them, and was told by them that they were doing as they were ordered. They refused to give the name of the vessel or their own names. One, however, said his name was Charles Anderson. The vessel could not have been anywhere else to discharge the ballast- that had been put out of her, sufficient time not having elapsed between when witness saw her going out loaded and the time he boarded her. . The defendant Madden was known to witness as master of the Mystery, and had signed his name as master. David Strickland gave corroborativo evidence, having been off to the Mystery in company with the last witness. John Cameron, stevedore, sworn, deposed to owning the Mystery. Madden was in charge of her. The full cargo of the Mystery would be fifty-two tons. Madden was always looked to by witness as responsible for the lighters. He looked to him as manager of them, and always received the moneys coming to the lightermen from witness.' On the day in question defendant was in charge of the Mystery. On the night of the 27th defendant had taken the Novelty to the wrong place to discharge, and in consequence witness sent the steam launch to shift her to o—uteris Bay. Witness cautioned defendant particularly that day where the ballast should be taken to, and the Mystery should have been taken there to discharge. To defendantWitness did not know that it was necessary to have a light on lighters. No -provision was made for lights, nor never was, Michael Sweeny was called by the defendant, and swore that the Mystery was well up close inside the point. The Alexander and Novelty were lying over there, just above. Charles Anderson called, sworn, said he was on board the Mystery when the pilot came aboard. The vessel was well up to the point. Witness was hired by defendant to go out and disoharge the lighter. A good while, more than an hour, after the pilot came on board they moved the vessel away further up. Defendant made a statement to the effect that when he boarded the Mystery she was well up to the point. From appearance he should say that, about tea tons of ballast had at that time been disohsrged. Another, witness on board the Novelty testified that he heard the men on the Mystery at work that night. The Novelty was then well up on the oyster ground. The Bench thought that a better defined place should be laid down as a ballast ground. There, was no doubt as to the responsibility of the defendant, and he would be ordered to pay a fine of £10, with fourteen days to pay it. As to not having a light up, the charge was dismissed, it appearing that no provision had been made by the owner. Lights ought to be provided, but this would be no excuse in future cases.

Neglecting His Family.—Robert Park was charged with this offence. Mr Nalder appeared for the complainant. There was no appearance of defendant, and a warrant was issued for his arrest.