MAGISTRATE'S COURT.—Monday.

New Zealand Herald, Volume I, Issue 219, 26 July 1864, Page 3

MAGISTRATE'S COURT.—Monday.

(Before Thomas lieekham, Esq., li.M.)

kv.VN c. u.ovn. 11l this case, heard la-l. Thursday, judgment being given for the defendant, his "Worship allowed the co.-ts of the defendant's witnesses as lie considered it only reasonable to do so when it could be shown that witnesses had been compelled to he in town befuiu the day of bearing. CAMl'llE'l, V. TItOMI'SOX. This case was settled out of Court. lIIIKACU 01" THE SCAII ACT. John Smith was charged by C. I''. 1 -oivis, the Inspector of .Siieej), with having sheep 011 his laiul infected with tlio disease culled the scab. The defendant pleaded jruilty to tlio charge. Mr. "NVynn, who appeared for the prosecution, said there was no wish to press the charge, as he believed the defendant Was ignorant of the existence of_thc disc-use amongst his /look. Jle simply wished it to be understood that it was the duty of the inspector to briny every ct.se of the kind before the court, and he hoped this ease would operate as a caution to .sheep-owners. In answer to a question from the Conrt, Mr. Lewis said there wore about !♦>() sheep in the Hock, 011 two only of which he had seen the disease. His "Worship said that the provisions of the " Scab Act" were very imperative us to the infliction of a fine for this offence. The defendant pleaded that- ho had already suffered heavily by it, believing the sheep to be sound when ho bought them. His '"Worship replied that those engaged in the occupation of sheep-farming should understand their business sufliciently to be nble to discover the disease. The danger of infection was great, and the matter was one of serious importance, and a single scabby sheep might infect the flocks of the whole province. The sheep-owner should be constantly among his flocks to detect any disease that might break out. After what the counsel for the prosecution had said, the Court would only iulliet the lowest penalty of £6 ; but he trusted this leniency would not be taken as a precedent in any other cases that might occur.

Tho defendant said he ln;d been victimized in the first instance. His "Worship said he should havo understood his business sullicicntly to havo avoided this. STP.AI.INO A l'Alit OF HOOTS. Richard Williams, a discharged sailor, was charged with having stolen a pair of elastic-side boots, valued at IGs., from the shop of Mr. Thomas Keven, Queen-street. Tlio prisoner pleaded guilty, stating that want had driven him to commit the offence—as ho wished to pay the rent of his lodgings, lie was unable to work owing to an attack of paralysis. Ifu had been discharged on New Year's Hay, and had for a time been employed as cook on board tho ' Susan' at Onohunga. llis Worship remarked that the prisoner's ideas of rectitude appeared to bo very extraordinary, but tlio mode of paving debts wfiiefi ho had adopted could not bo recognised. Sentenced to four months' imprisonment with hard labour. OIITAIXINO GOODS TNIIER I'ALSR I'IIETEXCES. William King, alias William 1 >rown, was charged with obtaining goods under false pretences from the store ot Thomas lAilljaiues. Thomas Eiilljamos sworn : I am a storekeeper residing at tho curves of Chapel and Wollosloy-streots. I know tlio prisoner; lie caiiio to inv shop on the 2nd 'Tunc. He had then an order (which I. know produce) from Captain Johns of the schooner ' Mary Ann.' When ho produced it, I asked him who Captain Johns was; ho told me that ho was a man well known ; a man ot great respectability and of great prosperity, and that lie lived near my shop. Believing his statement to be correct, I supplied him with provisions to the value of XI 18s. The next day the prisoner again came to my shop and required some more provisions lor Captain Johns; I again supplied him to tho amount of 18s. yd. lie then told mo that Captain Johns would come up the next day, and pay ior the whole. Ho did not come, but I expected him, as I hud made enquiries and found there was a Captain Johns, a-very respectable man. On tlio 13th June the prisoner again came to my shop and presented another order, also purporting to be from Captain Johns, (order produced.) Uelieving it was iTii mm" Johns, I gave provisions amounting to .£3 l is. . and at the sumo time sent a message to Captain Johns by the prisoner, to tho cfluct that 1 should bo glad Iks would call and settle the account. On tho wi>th Juno the prisoner again called at my shop, lie said " I sun come again ; we've had a very rough trip, and never expected to get ashore '■ l .S lln 'ii • !I ' SO your bill made out, and 1 11 catl in the morning and pay it. We are wanting some more provisions for use to-night." At tho same time he showed mo a cheque, which he said ho was too late to get cashed at tho bank. On the -2'.)th and •JOtri, J supplied liim with goods anouutin« to .to ''s I 7 a d. On the afternoon of the 30th, I met him in the street. 1 then . told him I wished to see Captain | Johns. He said he would accompany ine to his

houßo. Ho wont with mo into "Upper Queen-street, and pointing to a housu said, " Captain Johns lives tlioro. 1 requested him to go with me to the house; but he said ho was in a great hurry to get back to his vessel and left me., I next saw him on Ihursday the 21st July, in Queen-street. I went to the house lie pointed out, biifc there was no Captain Johns living there. Ido not know Whoso house it was ; it was close to a steam saw mill. I did not give the prisoner any more good? aftox that. "Whon I mot, bun on the 21st, I a;\' nr t him about the account. Thsit wiis about -1 o'eijok in the afternoon, ati'l iio said he would call at G o'clock and pay it. I said, <■ [ cannot let you go ; I must hold you fast." lie walked away towards Freeman's Bay, atld I gave hi ui in in eiiargo. t he prisoner declined to answer any questions. J lis Worship said that this er*se was very similar to one that had a short time since been before tho Court ; it was perfectly marvellous that storedeop'ers were touiul to part with their goods so readily. Sergeant John Scott, deposed: I know the prisoner, I apprehended him by warrant on the 21st July. 1 then cautioned lim> that.anything he might say to me would bo used in evidence .itgaiiist him. Oil the evening ot that day lie admitted' to mo that he ban obtained the goods under false pretences, and ou Uio iollowing morning ho admitted that there was no such person as Captain Johns. I received tho oider now p'rodtteed,- from tho last witness. The prisoner told mo he wrote the'in hiirtself.

The prisoner declined to ask any qife'stiorts; cr to say anything with reference to the charge. Ilis Worship said that he trusted the publication of these proceedings would induce storekeepers to bo more cautious in parting with their goods". The prisoner was committed to take his trial at the next sittings at the Supreme Court.