MAGISTRATE'S COURT.—Wednesday.

New Zealand Herald, Volume I, Issue 221, 28 July 1864, Page 5

MAGISTRATE'S COURT.— Wednesday.

(Before Thoiiuta Beckham, Esq., R.M.) DItfSKAKHS.Timothy Harnett was fined 20s. and eost-3, or 4S hours' imprisonment ivith liurd labour. Joseph Ashley, and Mary Ilobinson not appearing to the summons" for thisoll'ence, a warrant wag ordered to lie issued for their apprehension. STEALING A CHAIN. Robert McDougal was charged by John Walters, junv., with having stolen a gold chain, valued at £5, the property ot the above. The following evidence was taken: — John "Walters,- deposed: lam a shopkeeper, at present residing in Auckland. At the beginning of June last I resided at Papakura ; where the prisoner was in niv employ as cook. Ho left my serviccatthe end of J tine ; and about two days after he had gone, I missed'my gold Albert chain. I saw it two or three days before lie left in the till of my box, in the bedroom. The chain now produced is the one that was stolen from me. Its value is £o.

Cross-examined by the prisoner: I did not leave Papakura until about ten days before you loft; but my wife did. 'George Co 1 lie deposed: I am proprietor of the " Bricklayers' Arms," in Chapel-street. I know the prisoner." Ho was at my house on the 23rd July; ho had been there previously. In the forenoon of that day he asked me to lend him some money. I gave him half-a-sovereign. He afterwards paid mo that, and I gave him £2 more; in the afternoon lie wanted to borrow another £2 ; I said 1 would not give it him. ile then took a chain off his neck," and said " Do you think I won't pay you." Ho throw the ehain on the counter, and said " Keep that, Und I'll pay you directly." He said ho had bronght the chain from England, and that it was worth £7. I gave him the other £2, which made £i. That was on the 23rd July. On Monday the 25th he left my house, telling mo to take care of his chain, and that he would como back and pay mo. Yesterday tlio prosecutor came to my house, and identified .the chain, which I handed over to constable Clark yesterday. The chain now produced is the same. In answer to the prisoner the witness stated that ho had received from him an order on the Savings .Bank for the amount borrowed. Andrew Clark, constable in the armed police, deposed to having apprehended the prisoner in Hobsonstreet on the previous day, and also in the afternoon of that day he received the cheque produced from the last witness. The prisoner pleaded guilty, at the same time handing in a ccrtiiicato of good character from Major Tighe, received after acting as a substitnte in the militia. Sentenced to 9 months' imprisonment, with hard labour. STEALING I'IIUIT. Teira and George, the one a Tahitian, the other a Sandwich Islander, were charged with stealing live and a half dozen oranges, and one pine apple, from tho schooner ' Victoria.' Mr. l'uekey acted as interpreter in the case. Captain John Young deposed:—l am master of the schooner 'Victoria,' now lying alongside the Queen-street wharf. I know the prisoners. Georgo is ono of my crew. Yesterday evening at 10 o clock I met the prisoners on the wharf. They appeared, so very bulkey that they attracted my notico> I told them to stop, but they would not. I then seized tho prisoner Teira, and found a quantity of oranges upon him. I handed .both him and the oranges over to Constable Houghton. He had them packed aU round his body, a lew in a handkerchief and some in a parcel. I think I should know the handkerchief again. There was also a pine apple. Captain Irving: 1 am a muster mariner, lesiclmg at- present on board the Victoria. 1 was in company with the last witness about ten o'clock last night. We met the prisoners on the Queen-street \\ hart. We were going towards, they were coming from the vessel. They both looked very bulky. Captain Young sang out to tliem, but tli6y dicl not stop. He then seized tlio prisoner Teira, and I follow ed George but it being dark I lost the run of him, and did not see him again till this morning. Captain Young re-called : After leaving the Pohce Office last night, about 11 o'clock, I went on board

the vessel, and found a crate in the upper hatch.' which I had left full nearly empty. When I left it,-, io had between 20 or 30 dozen m it. The value" of tile quantity found on the prisoners would amount to--ss. 6d. Constable Houghton deposed to having apprehended the prisoner Teira-on the previous evening, and to finding oi dozen oranges upon him, and one pine apple. At 10 o'clock tlio other prisoner was /given into my custody by the prosecutor. -the prisoners iu answer to the' charge made a. statement of mutual incrimination. benteuced to six weeks imprisonment with- hard labour. KESEJITION. Emanuel Joseph was charged by Alexander PIFrench, witli having deserted from- the ship ' Queen) of the Deep.' Sentenced to six weeks imprisonment with hard, labour; to be put on board the vessel should she saili before the expiration of the sentence. ASSAULT. In the»charge of assault made by Sydney ' Crreer--bery against Antonia Martin and Emanuel Christian,, there was no appearance on either side, and the case consequently lapsed.