RESIDENT MAGISTRATE'S COURT.

Hawke's Bay Herald, Volume XXI, Issue 5046, 6 April 1878, Page 2

RESIDENT MAGISTRATE'S COURT.

Friday, April 5. . (Before R. Beetham, Esq., R.M.) DRUNKENNESS. Charles Hobbs, Thomas O'Leary, and John Dillon were brought up charged with this offence. The two former were fined 5s each, the two latter 10s, with the alternative of 48 hours' imprisonment. OBTAINING MONEY UNDER FALSE PRETENCES. William M'Wha was charged, on the information of John Murray Gibbes, with having obtained from him, on false pretences, at Havelock on the 24th March, the sum of £2. The prisoner pleaded not guilty. John Murray Gibbes, registered medical practitioner, deposed that about six weeks ago prisoner came to him, suffering from dysentery. He said he had no money, bat he had some Defence Force land at Poverty Bay, the deeds of which were in Mr Lee's charge. Witness gave him 5s and various other sums up to about £3, on the pretence of his having the land. He wrote to Mr Lee, who replied that prisoner had left no deeds in his keeping, and that he had no land. Prisoner afterwards said it was land at Patea that he had, and that Colonel Whitmore had the papers. Witness gave prisoner altogether about £2 5s in cash, and an order on the storekeeper for some clothing, which he said he wanted. By the Bench : Prisoner said he would get the deeds from Mr Lee and let witness have them, as Mr Lee was charging him 3s 6d per month for keeping them. Prisoner said nothing about his holding the deeds as security. Captain Gascoigne wished to purchase the land referred to, and it was understood that out of the purchase money he (Dr Gibbes) was to be repaid the money he had lent to prisoner. George Edmund Lee, solicitor, deposed that he knew the prisoner for the last 12 or 13 years. He possessed no documents of any kind belonging to prisoner. The latter had possessed some land at Okotuku, near Patea, but he sold it some years ago to Mr H. Caulton. He had had no deeds belonging to prisoner for years past. He never charged people for keeping their deeds in his possession. In reply to the Bench, prisoner said he was drunk at the time, and did not know what he had been doing. His Worship said there was no doubt the prisoner had obtained money by making false representations. The statement as to the deeds having been in the possession of a solicitor was also false. The obtaining of money on false pretences was equivalent to stealing it, and no man would be safe it persons were allowed to procure money on representations which were utterly groundless. As it was the first offence, so far as he knew, against the prisoner, he would deal leniently with him, and would only sentence him to one month's imprisonment. He hoped this would be a warning to him, and that when he came out of gaol he would knock off drinking. LARCENY. John Peter Napoleon, alias John Ciren, was charged with stealing a cheque of the value of £21 13s 4d, the property of Henry Flint, hotelkeeper, of Wairoa. Inspector Scully asked for a remand for a week, to obtain the attendance of Mr Flint from Wairoa. The case was remanded till Friday next at 10 o'clock. Thomas Butler, a lad 14 years old, was charged by Charles Stuart, hotelkeeper, of Havelock, with having stolen three towels, of the value of 3s. The prisoner pleaded guilty. Charles Stuart deposed that his servant came to him on Thursday morning and told him that the boy, who was leaving his service, had some towels and other things concealed in hia swag, which he found were his property. He sent for the constable, but he only meant to frighten the boy, and did not intend to take the case into Court. The boy had been with him two months, and received 10s per week. Inspector Scully said the boy had often come before the Court, and was very badly behaved. He had previously been convicted of larceny, and sentenced to two months' imprisonment. He was remanded till this morning. UAT7SIN& A NUISANCE. Thomas Healy was charged by the Inspector of Nuisances with having created a nuisance in the yard of his premises on Milton-road, on the 28th March. The defendant denied the charge. Richard Williams deposed that about the 28th of last month he went on the premises of defendant, and found that a quantity of night soil had been tipped over a sort of bank on to the premises of another person, which caused a very offensive smell. It was not cleaned up for some time after he had been there. J. T. Tylee deposed that as he was coming down Milton-road the other morning, there was an abominable stench proceeding from a yard where some person had been emptying night soil on to a bank. He then informed the Inspector of Nuisances of the matter. Defendant said that he had got the stuff carted away the day after he had received notice of the nuisance. His Worship said the defendant had no business to put night soil any where so as to cause offence to any one. As it was a first offence, he would inflict a fine of 10s, with costs 11s 6d. There was no other business.