MAGISTRATE'S COURT.—FRIDAY.

New Zealand Herald, Volume I, Issue 289, 15 October 1864, Page 6

MAGISTRATE'S COURT.—FRIDAY.

(Before Thomas Beckham, Esq., R.M.) Bkfotik tlie business of the tiny commenced, Mr. Russell appeared on behalf of Mrs. Alexander, who whs charged with a breach of the Impounding Act, nnd requested his Worship to proceed at once with the case, on the ground that the defendant was a widow, nnd had two daughters dangerously ill at home. Mr Russell pleaded guilty on his client's part, and prayed for the mercy of the Court. The Commissioner stated that the defendant was just outside the new boundary. Ilis "Worship remarked that nominal fines were, as a rule, of 71 o service whatever. In this case, however, he woidd fine the defendant in the sum of XOs. and costs. I'EK.IFItY. Allen Stewart was brought up under remand charged with this oll'ence. 31 r. Fenion appeared on behalf of the prosecutor, and Mr. Wynn for the accused. Mr. "Wynn applied for a remand until Friday, upon the understanding that the case against Mrs. Stewart, which was iidjonrned until "Wednesday, would also bo again remanded until Friday, in order that both eases might be proceeded with on the same day. Mr. Fen ton consented to this arrangement. His Worship trusted that there would be no further delay, and that both cases would go on the day appointed. The Court a"ked Mr. Fentou if lie would bo ready with all his witnesses oil Friday, as ho perceived by tho newspapers that ono of his witnesses was at iiupier, and some at Taurauga. Mr. Fenton replied that he should give up the evidence from Napier, and ho believed the parties lrom Tauramra would arrive in time. Mr. Wynn applied for the prisoner to be released on bail. The learned gentleman remarked that the crime imputed against the prisoner wis only a misdemeanour, and was bailable. Ilis Worship said it was not expedient to release a prisoner ehargeil with perjury during the investigation. His Worship asked the Commissioner of l'oiico how the prisoner was apprehended. Mr. Nnughlon explained that the prisoner was arrested in the act of making his escape in female disguise.

Mr. Wynn submitted that there was nothing to prove that tlie prisoner at tlie time of his attempted escape Mas aware of anv criminal charge being preferr -d against him. lie believed tlie Kcsident Magistrate was judicially aware that several civil warrant s laid been issued against the prisoner from the Court. It was only natural to suppose that, if the prisoner had been cognisant of the criminal warrant being out against him, ho would have endeavoured to tulce his wife with liini, who was also 'implicated in the matter at issue. The Commissioner of Police observed that the prisoner had attempted to make his escape before | lrom his own bouse. IJis Woiship consented to release the prisoner upon bail, in t hrce sureties of :C3OO each, and complimented the Commissioner of Police and the officers employed in tlie aircsl of the prisoner, on tlie great amount of prudence and vigilance which had evidently been employed. mUCACII OF I.MI'OUNMNO ACT, ISSC. I'atriclc (Joylo was charged with an oU'enee of this description, by allowing two horses to run at. large in Kelson-street, Auckland. l f ined in the full amount of 40s. and costs. Wm. Cowie also stood charged with a similar otlenee, and was fined in the same amount. . .Joseph Harris, tor aliownig four horses to stray in jS T elson-street, was treated in tlie same way. Cicorgc 'rlovell, five horses, 40s. and costs. Alexander Hamiin, 40s. and costs. John Gordon, for allowing one horse to stray in Victoria Quadrant, 40s. and costs. i»;tK.vcu 17tii Clause Police Act. Joseph Stabler was charged with a breach of this Ordinance by allowing a horse and dray to stand in Queen-street, without any person in charge. The accused pleaded guilty, and stated ho was a bushman and not aecustonu d to drive in the citv. His Worship observed that the same rules and regulations were now in force in every town in England, and such dangerous practices must be put a stop to; he should line the accused 40s. and costs.

Beeacii ok Building Act. Henry Probert was charged ■with a breach of the 14111 clause of this Act. This was an adjourned case. Ilia \Vorsliip paid that he had understood that this - -would be settled out of Court. Mr. Merriman appeared for tho informant., and Mr. Beveridge for the defendant. Mr. Merriman applied for the information to be changed from seven to ten days. The informant had remonstrated with tho defendant, and the accused continued his work after the warning. There was only one way of stopping proceedings —namely, by the defendant pleading guilty. Mr. Beveridge ■ applied for an adjournment until Saturday week, on the grounds that the case would probably be settled. Ml'. .Merriman stated that- the City Board had no desire to act harshly in the matter, and consented to the adjournment. The ease was accordingly adjourned. JjAItCIiNY. .Tolm Shine was brought up, charged with having stolon a pair of boots, value 255., from the shop of Mr. Keren, in Queen-street, Auckland. The prisoner was undefended. George Kcven deposed: lam tho son of the prosecutor, who resides, in Queen-street, and is a boot and shoe maker. From information I received about half-past four o'clock yesterday afternoon, I searched my father's shop, and found two pairs of nugget boots missing. I last saw the boots hanging on a nail outside the shop, about three o'clock. I hung them there myself. The pair of boots now produced is one of them. The value of the hoots is 255. I know the boots from some plaster marks upon them, and their general appearance. Francis Sipsy: lam a constable in the armed police, Auckland. I know the prisoner. I saw him yesterday afternoon, in Chancery-street, about halfpast four o'clock. He had with him the pair of boots I now produce. I brought him into the guardroom from some suspicion I had of him. I asked him how ho had got tho boots, and ho said first- that he had got them from a soldier of the 40th regiment, and afterwards he told me had them from a man of the sStli. I then went to Sir. Keren'a shop to inquire if they had missed any boots. Tho last witness came up from the shop to the guard-room, and Tsi lowed him the boots I now produce, which he identified as being one of the pairs that were missing. By the prisoner : You did not say you had got them from a " darkv" on the wharf.

The prisoner reserved his defencc. The Commissioner stated that he believed the piisoner was connected with the robbery of a boiler that took place yesterday, and applied for a remand. The prisoner was 'formerly a bootmaker, butse believed now was in the militia. The prisoner here said lie would plead guilt}*, and wished the case settled at once. Before doing so the Commissioner desired his "Worship not to pass sentence until to-morrow, when he hoped to be able to find out the circumstances of the robbery of the boiler. liemanded until to-morrow.