RESIDENT MAGISTRATE'S COURT. This Day. (Before J. C. Crawford, Esq, R:M:)

Evening Post, Volume IX, Issue 250, 5 December 1873, Page 2

RESIDENT MAGISTRATE'S COURT. This Day. (Before J. C. Crawford, Esq , R:M:)

CRIMTKATi CASES Joseph Walker was fined 20s, or 48 hours' committal, for? being £lrttxik.and did-} orderly, ' Donald Campbell was fined 10s, or. 48 hours, for a similar offence. CIVIL CASK. Bernard King v. Daniel M'lntyre — Claim £6, value of a revolver haudert over to the custody of defendant, and not re* Btored. Mr Buckley appealed for defendant. The plaintiff conducted his own case, in the absence of his solicitor, who was engaged in the Supreme Court. Bernard King, plaintiff, said he was chief officer of the William Tapscott, and that on the arrival of the ship defendant, as American Consul, demanded all the firearras, which were duly given up, including a revolver belonging to plaintiff, defendant promising to take charge of them ; defendant put them into a cabin, and locked them up ; witness' trunk also was left on board, and defendant had since told him his revolver had been pat into that trunk ; on applying to defendant for the articles, he said he would forward a list of them to the United States for compensation ; a revolver belonging to the second mate was given into , defendant's charge at the same time j witness had Been that revolver in town that day ; the revolvers were given into defendant's own personal charge. •.',',, CrosH»exftmined— l did nob put the revolver into the drawer into the cabin myself; I was introduced to him as Consular Agent, and he has acted in that capacity in my case ;I am aware, that I was charged* with various offences, and imprisoned, and that I since have been released ; the revolver in question is the one which I fired at Captain FJinn j lam not aware that the Government authorities sealed up^ the cabin ; the arms. were pub into the spirit room ; Capt M 'ln tyre said' he would take charge of the revolver j I heard the Governor, say he oommitted me for the purpose of being for* warded to Amerioa ; I did not claim the revolver before because I was deprived of my liberty ; directly I was released, I went to the defendant and applied for it., At this stage Mr Izard attended,' and , apologised for hiß unavoidable absence, stating that Mr Borlase "would watch the case in bis stead, . George Fulton deposed he was carpenter of the William Tapsudtb, and saW * the plaintiff hand over all firearms to Mr M'lntyre, the defendant, by the orders of the latter ; had seen .the' four-barrelled pistol belonging to the second mate in Weilingtott this morning^ one of the revolvers handed over belonged to King, the plaintiff ; was present with King when he went to M'lntyre ; witness went to demand his own property, which had been delivered to defendant at same time j witness' tools Were among that property ; defendant said he would be responsible for the tools and other property. Mr Buckley — Was not the ship in a state of mutiny ? Mr Borlase — I object to the question ; that is t» matter of opinion. The Resident Magistrate— l do not think it relevant, nor were those put to the last witness. The men have never been tried, and before men are tried, they must be regarded as inuocent. Mr Buckley persisted in his question. Mr Borlase persisted in his objection. His Worship said the witness might answer the question if he chose. Witness — The men all expressed their willingness to obey legal order, and submitted to Captain M 'In tyre's authority as Consul. Mr Borlase told the witness not to answer the question. An amusing altercation ensued between the two counsel. The Bench ruled that the questions put by the counsel for the. defence were'inadmissible. 4 , J This resulted in a flight scene between the counsel and the .Bench, the latter taking a note of the question and objection., Mr Buckley said if his learned friend had attended to his question', or knew anything at all about the case* he would know the" qnestion was admissible, Mr Borlase— lt Beems I know more about it than you do. Here a further scene » took place on another question as to whether the witness knew that Mr Mitt tyre 'was Consul, UK timately the qnestion was admitted. Witness — 1 did not know, except from ' hearsay, that Mr M 'ln tyre was Consul ; he had no uniform, and 1 never saw a Consul , pome on board «hip without one before ; I "saw Air M'lntyre lock tip the cabin j Hdid not ace the cabin sealed up ; I believe I saw a seal on the door afterwards. :• - Re-examined— l have never been.' tried for any offence before a jury, Mr Buckley, for the defence, contended that the defendant had acted in an official capacity, that he had only performed his duty, and the steps he had taken had been

sanctioned by the highest authority in the country — the Supreme Court, Had it not been for the clamor of the Wellington public, which he would not attempt to characterise, right or -wrong, the plaintiff I would have been in very close proximity to his own revolver on his way to America for trial, where that revolver was going as important evidence ; but the prisoners were released simply because the Government had not ■ the physical fflesfis ofebnveyinc them to America, not from any Absence of intention to prosecute them. Mr Borlase asked if the revolver were important evidence, why it had not been produced at the investigation? He also wished to know if the same idea applied to the carpenter's tools which had been carried off by Captain Flivn ? Were they also required as evidence ? (.daughter.) Mr Buckley said it was ix ot usual to bring forward the whole case' at a merely pro* liminary investigation. He ck Ued Daniel M'lntyre, who said tw*at he went on board the William Tapscotb ia his capacity as Consular Agent, and tha** 1 he vcf formed the plaintiff of the fact ; thY crew had been in a state of mutiny ; on hk 1 go. ing on board they appealed to him to arrest the captain, alleging their lives were not safe } told them they were quite sale in harbor, and requested King to have all firearms nut into a stateroom in order that no ill might result from the preWnco of firearms among the crew, j did not say would be responsible for safe return ojLthe fire* arms or other property ; plainti^toade no demand for them at any time until a few days agoj the men were committed to prison for the purpose of being extradited, and were discharged in consequence of there being no means of Bending them to America $ rooms were sealed, and only occasionally opened to supply the crew with bonded stores j the other revolver was in witness's own private drawer, and had since been surreptitiously abstracted ; it was his duty^ to take the proceedings he did no. cording to his consular instructions, Ci*oBß-e*attine\rby Mr Borlase— Bernard King was ihe first person I saw belonging to the Wm iTapscotlr; he I&aode* me the log books, &c, and stated that the captain was in irons, and that he had been in oom« mand since the 23rd June; he made complaints agdinst the captain, arid' stake of the loAkyootlditiotnifihb ship ; I -told him there wculd be an ! t>p>6rWraity & 'bringing forward all these matters during the enquiry which: wo tiia tttle place ; when I went on board the pistols described were handed over to me ; cannot saj, exactly, how many there were, or describe them j I ordered the,hf mjh bi given ap . j or . dered King to give his up. ,Mr Borlase— Did you^ordet »the carpenter's tools to be given up too i Mr Buckley objected. The Resident Magistrate said if another action were pending the question was not admissible. Witness remarked ho had no wish to disclose anything, (Laughter.) He meant; he did not wish to withhold anything. Cross. examination continued— -I do not know how the pistol got into my desk j I suppose I mußt have put it there ; the ship was not bound for America, but for Queensland in Ireland, for orders } I mean Queenstown ; I did tell the men they were safe from attack while in port ; I may have meant that they were safe being under English law; what I mean and what I say are two very different things. (Roars of laughter,) I ejrpect the Court to give me every facility in giving evidence. I don'fc mean to be badgered, or T shall have my recourse, , ! Mr Borlase— l think the'Courl hirgiven you every facility during the lait^hree months. '• '■ ' " \ '"]'"'.. < Mr Buckley summed up the wuole^oase. He remarked; that s after the tlaintiff had eec&ped frotn prison 1 by a mere fluke, it was ft fiiede'of unheard-of audtfoity to oo4ne into Court to claim *6 for the revdlfer" with which he had committed the offence with whioh he was charged, . . , . „ T The Resident Magistrate said helwould not trouble Mr Borlase to reply; ft was evident from Mr M'tntyre's own evidence, he had become a bailee* 6* the Article. The plaintiff while in gaol was olearlVM fcposi. tion m which he could not olaini nis property, and as Mr M»tntyre had looked up the property he .jAs-to the question of the committal of ihe prisoner— that was irrelevant. , The .prisonra had never bedn tried, and were in iftie Mntion of men who had never been accused; He should oraeVihe' revolver to^egfyen up, or in default to pay .the ', value, ftf,' and costs. " ,' ' " •' This decision was reoelved.with loud ap. gauseinjiourt. , \\['V : \ tt V" mMI &