POLICE COURT.—Friday. [Before T. Beckham, Esq, B.M. ]

Daily Southern Cross, Volume XXII, Issue 2810, 28 July 1866, Page 7

POLICE COURT.— Friday. [Before T. Beckham, Esq, B.M. ]

DRCNUKNtSS, Semite Britt wm sentenced to pay * fine of 20a. and costs, or to undergo 48 hours' imprisonment, for eing drunk. ■MAUUTO THX OAKOO OH BOARD THI 'MOKARCH.' Augustus Clark, Edwin Clark, and Benjamin Makeham were placed in the dock and charged by Captain Macey, master of the ' Monarch, with having, on the 18th June, on the high seas, been guilty of stealing certain goods of the cargo, to the * ralue of £20. • , Mr. Gillies appeared for the prosecution, and briefly stated the case. Charles John Macey deposed : I am master of the ship 'Monarch.' Prior t* the 18th of June last, 1 had suspicions that a quantity of the cargo, consisting of drinkables, had been made away with. I went down into the hold, and discovered a place close up under the deck where a quantity of the cargo had been removed. 1 observed that the planks of the main deck above that place had been cut; through. The hole was about 2 feet by 18 incheslarge enough to admit a man. The hole led into the cabin of the prisoner Augustus Clark. I went to Clarks cabin, accompanied by the chief officer, the second officer, and the surgeon. I asked Augustus Clark to examine his cabin ; and he said, " Ob, we made the hole, and took out brandy, champagne, beer." He mentioned several other articles. Edwin Clark, brother of Augustus Clark, slept in the next cabin. I found a quantity of my cargo in . both cabins— shoes, boots, wearing apparel, tins of sardine*, olive oil, jams, cod-liver oil, bitters, brandy, Spa. (Four cases packed with articles were prodootd, and identified by the witness as containing the things found in the cabin of the prisoner.) On examining Makeham's cabin a large quantity of composite candles were discovered, which had been taken from the cargo. Some of the candles were whole, and others were cut up to suit the lamp. There would be six or seven pounds of the candles. Amongst the boots found in Clarks cabin wer* several pairs with the names of the prisoners written Upon them. Edwin Clark having told me that Makeham assisted in making the hole, I sent for Makeham, and charged him with having done so. At first, he dtnied it, but subsequently began crying, said he was vary sorry, and that they would payfor all they bad taken.. The value of these articles, which I know to have been taken, I should say would b« about £30. There are other cases on board the ship. On the 18th of June ths ghip was on the high seas, on the voyage from Rio to Auckland. Augustus Clark, on being asked if he had any questions to put, said : Well, sir, I know we did it. Makeham said : I never took any candles into my cabii. Constable Bradburn, of the water police, deposed: I took the. prisoners -ashore yesterday from the 'Monatcb.' They were given into my custody by 'the captain, on the charge of stealing the ship's cargo. I told them the charge before I brought them out of the ship. On coming on shore, Augustus Clark said that he had cut through the ship's deck to get some grog, and that, after he had cut the deck through, he had come across two large cases. He* said he was forced to break these cases up, and pass them on deck. He then came across a a lot of candles, before they could come to the grog. Makeham said, ' ' We would not have done it, bat for the captain starving us." All three said they did not care if they got anything under six months —that they did not require any more. This- concluded the evidence, and the prisoners were asked if they had any statement to make. Augustus Clark said : The greater part of the evidence is true. _ - Makeham said : All I had was something to eat and to drink. The prisoners were then committed for trial.

CHAKGE OF USING OBSCBNK LANGUAGE. Robert Stepheoson was charged with using obscene language to Robert Mann. Mr. MacCormick appeared for defendant. Robert Mann deposed that he was a cabinetmaker in Mechanics' Bay. On Monday, about .6 o'clock o'clock in the evening, defendant came up to him, and used very bad and obscene language. " Tiro witnesses were examined an to the affair. His Worship dismissed the case, on the ground that it had not been proved that the place where the language was used was a public place within the district to which the Act applies.

ASSA-tJLT BY BOYS. Thomas Gilmore, Alfred Gilmore, and Alfred Berry, three boys, were charged with assaulting Charles Oakford by throwing stones at him. Mr. Weston appeared for the defence. His Worship suggested that the parents of the children should undertake that the annoyance should cease. This was done, and the prosecutor said he would withdraw the charge.

BBBACHES OF THE MUNICIPAL ACT. Robert Crane was charged with wantonly and ornelly beating two horses. Prisoner pleaded guilty. Crane was also charged with driving a dray without haying the owner'? name on it For the first offence a fine of 40s. and costs was imposed. The Commissioner of Police withdrew the ■econd charge.

ASSAULT. Crane w* charged vrith assaulting J. H. Flatfc. Proiecutor deposed that oa last Monday evening, M he ww coming down Upper Queen-street, he saw a cart stuck new the side of the road loaded with metal. He heard the driver striking the horses heavily. After passing a few yards, he heard the horses being struck again. On looking, he saw- the defendant beating both horses with a shovel. Witness went to get the name and number of the cart, but not finding them, he asked defendant, who asked what business that was of his, and struck him severely on the face with his fist. Thomas Prosier corroborated the prosecutor's evidence. Prisoner was found guilty, and sentenced to pay a fine of 60s. and costs. This concluded the business.