RESIDENT MAGISTRATE'S COURT.

New Zealand Herald, Volume II, Issue 541, 7 August 1865, Page 4

RESIDENT MAGISTRATE'S COURT.

Pi:IDAv, AUG. -1. (Before Thomas Beckham, Esq., It.II.) T>BrXKVNVP«3Several drii'ik-tr-is w,*re fined -0s , or in default sentenced to be imprisoned for -IS hours HOTKI, HonIIKRIKS. ,Tno. TlcnrvMill* was brought up charged with committing the following robberies in hotels at which he had been stopping. The firft charge was for stealing wearing apparel, value £9 lis. fid , the property of George Storey. Gorge Storey, deposed : I nin a carpenter residing at the North Shore. I went to the North Shore on the 2 Ith of J uiuary. At th'it date I left two botes containing tools and clothing at the Bricklivers' Arms Tivern, Chapel-street, Auek'and. I went on Saturday last to ask for them. T found that mv boxes had been broken open and the whole of my clothing had been removed. There wns a writingdesk taken valuo 4s. Gd.. also a wa'ch chain 10s. fid., a bill" cloth coat 1-s , three pairs of trou'er £2 125., a scarf 3s , one vest 45., black clo'h coat £5 ; also a Hand of Hope chain and medal These articles which are now produced belong to me.

Will'am Murr iy, deposed : I am the proprietor of tho Bricklayers' Arms Hotel, Chapel-street. I know the prisoner. no has slept at inv house several times between tho 10th and 18th of Inst month. I know tho prosecutor qnito well. I recollect the prosecutor g''in£ to Ihu .Vorth on the 24th of J inunrv last. He left a toil-chest and a box of clothing in mv charge. I placed tho box in a cottage at the back of the Biickliyers' Arms. The cnttige was locked. A person named Krackpnol rented th« co'tairo of mo. During th'it period prisoner nnc 0 slopt in the cottasre. Brickpool occupied the cot t«n9 f roin the otli of December last to the 17th July. On Saturday last the prosecutor came to my house for the purpose of taking his boxes. Ho stated to me in a short time after ho came that everything Ivs boxes contained of any value had been abstracted The box had the appearance of having : -?en burst open. There was no appearance from the outside When the lid was lifted it could be seen that the lock had b';en forced. That is all I know of the matter.

Robert Fr shwater deposed : T am a labourer, resi li'g nt the Bricklayers' Arms, < I know the prisoner. Ho lodged t'ipr- when I went there. I 'lo not know how long ho was stiying t.he-e before. He was there on tho 17th of last, month. He mrido mo a present of tho trou-ers and waistcoat, now produced f saw the prosecutor at the Bricklayers' Arms on Monday Inst. I was wearing the trousers now produced. The prosecutor recognised them as his property. T told him how I came by them. I assisted the c instable in finding the prisoner. On Tuesday he was apprehended at Onnhunsa. I gave the trousers and waistcoat to Constable Uiloy. Constable Kiley deposed to apprehending the prisoner at. Onehunga. He also proved that Mr. Murray had handed over a ensh-box. which Brackpool had left with him and which prosecutor identified a 5 belonging to him. Mr Murray re-examined : I received tho cash-box from Thomas Brackpool. I did not know that a cash-box had been lost until prosecutor told mo, and [ immediately handed tho cash-box produced to tho constable. His Worship thought that tho man Brackpool should bo briught to the Court to show how he came possessed of it. Mr. Murray said that when Brackpool gave him the cash-box he wanted some money, as ho was going into the bush. The further hearing was remanded until Tuesday next. There was another charge of similar nature against the prisoner for stealing a Crimean shirt, the projeriy of J. Brackenburv. The property was stolen from the premises of Win. '-nell, proprietor of the Tt-m----perance Hotel, °nehungl. The prisonor lodged at tho house of witness on the 31st of July, (last Monday night) lie left on Tuesday morning. The shirt was stolen from the ro'.m the prisoner slept in. The prisoner was suspected, and was given into custody, Tho prisoner was wearing the shirt when taken into custody. 'i ho prisoner was remanded on this charge also till Tuesday There w.ib a third clnrge of stealing from Thomas Aitkin, Edinburgh Castle Hotel, Sjmonds-etreet, a cash-box containing aome papers and a few shillings. Tho prisoner went to tho Kdinburgh Cast'e on tho 10th of July, and called f>r somo ginger boer and Borno spirits. He stopped in the kitchen threequarters of an hour, or thereabouts, and then went away. Thero was a cash-box lying on a bed in the room in which tho prisoner had been sitting. Tho cash-box contained eorue papers and two or threo

Bhiilin"9. After ]irisoner went away the cash-box was missing. Tho cash-box was produced and identified as the ea«h-box stolen. The value of the cashbox wi? iihout 17a. Mr. Mu-ray, of the Brieklayors' Arm', was recalled, nd proved th -t llie priso <er ga%'e him the cash-box Prisoner sai lhe was going up the couotrv an I that the cash box was cumbrous Prosecutor told witness ths.t he ha I le.s', a eas'i-box Tho witn ss oaid the priaonor had g ven him such a one lis deser.bed. I'll-! witness g've the cash-box to Constable. Itiley on Tuesday hat. Mis Worship read tho clauses in tho licensing ordinance against puhlict'is taking anything in pledge for drink, or allowing wag.-s to bn paid in their houses, an J said that very much depended upou the character of the publican whether ho wa« a beneiit. or a harm to society. He did not mean his words to impute any misconduct to Mr. Murray, but the chuses lie hal read ought to be known to and studied by every publican. A VERY QUIET HOI'SE. Georgo Cooper, a dissipated looking man, was chargod with violently assaulting W. Richardson, by striking him with the arm of a sofa. Tho prosecutor stated that ho did not wish to press the charge. The appearance of the prosecutor was really deplorable. His head was bandaged, and his eyes cushioned up. The Bench said : That public justice had boen outraged, and public justice must be satisfied. Tho prosecutor J aid : That ho was a labourer living at Mrs. Pearse's Bo irding House, the "ho a Montes." in Albo-t-street. Knew the prisoner, who was quirrel ing with hi< wife between one and two o'clock in t'ie morning. Witness begged of the prisoner to hold his noise and be quiet He said tint witness should not stop in the house, and shoved the pros-cutor across the sofa. Prose utor refused to leave the houso The prisoner struck prosecutor with his fi-st. " The marks on my face," said the prosecutor, u are caused by tlie prisonei's violence." ( The prosecut <r here exhibited hiß face, which was literally black from the temples to the nostrils, and from which tho skin was iu several places erased.) Tho prosecutor became stunned from the effect of the blows, eo that he did not know what he was struck with, but he found the arm of the sofa in the prisoner's hand when ho get

up. Cross-examined by tho Prisoner: I saw the arm f the sofa in your han'l. I did rot -pringon you first. I did not try to turn you out "f the house. I did not atttck you with a oouble-barrel gun. Tho cause of the row whs that you were drunk — mF.d drunk. I was not malting free with your wife. You put me in your bed the next morning. Idi 1 not say it was my fault. I did not say I should like something hot. I did nut have a glass of ale. Sarah Fearse: lam the wife of Frederick Pearse. I reside in Albert-street. My husband has gone to tho new diggings. I know tho prisoner. He and his " mis-is" came to inv house to reside this day week. They engage 1 a room in the house. I know the prosecutor. Ho was living in the hous«. I recollect Wednesday morning ah ut eleven o'clock There was a row down stairs. I was up stairs. I hear I words between those two men. I wect down .stairs. The woman was making more noi»e than the two men ; she was between tho two men. She covering Richards m'dhead with thequilt,and knocking his head agiin-t the end of tho sofa. Saw an arm of the sofa in the prisoner's hands. The prisoner had had pome drink. I have no doubt abut that. The prosecutor's fice was in a fearful state ; it was all over bl >od and swellod out I could not tell what it was. There was very bad threatening language used I beard the prisoner sav tho next morning that he wa-< sorry lie h id not killed tho prosecutor. Cross-examined by the prisoner: i had had a glass of wine before I came home. I cannot sa that I was sober. I said I would turn the prosecutor out. I said I would turn you all out, for you were keepine up 9UC.h a row. Ihat the house was in an uproar. He asked f>r his things and said he would go. Ha went into mv bed room to get his things. I did not catch him by tho h;iir of the hend and shove him down st »irs. lie took a gun with tho stoek off, in his hand. I did not so < him lift the gun to you. I saw him take 'he gun to pieces a few days before. I did not see hiti. with the s'oek in his hmds. There is no askiny me questions, th it I know nothing at all "about. When I came down stairs, the sofa was br ken, and the place was covered with blood. I said the next morning that I wnnted --ome hot water. I did not sav that prosecutor had said that he would have tho three of'.b "up" for it and the hes ihing to do was to make him ali right I aid not see nicha dson attempt to strike you at all, and very improbable. The prisoner made n rambling etatment about the pro-ecutnr t 'king lihertie- with his wife. ilis Worship said that it was a mercy the prosecutor was not killed. The only question was whether the case should riot be sent to the Supreme Court— whether he had the power to deal with the case summarily. The Commissioner o; Polico had acted well in not allowintr t!i, to be made up between the paries. The off«neo of which the had beon guilty was an offence against public justice— again.t society itself The puni-hment the Court could inflict was very insufficient for su*h atl offence. Mis Worship sentenced tho pris .nor to bo imprisoned for two months, with hard labour; and further, that 'ho prisoner should find two sureties in £100 each, to keep t'io peace for .-ix months. John Bruny pleaded guilty to stealing a sack of oats from Andrew Bell. There had been two summary convictions against the prisoners, one of which was for stealing a till. Tho prisoner was sentenced to six months imprisonment, with hard labour.

Saturday. Six drunkards were '205., or in default, sentenced to be imprisoned for 4-8 hours. CUHIOUS CA«B. —" MT OWN, MY GUIDING STAR." A man of diminutive stature, named Markland, was brought btfore his Worship charged with " detaining " a suit of uniform belonging to a soldier of of rlie Military Train, named Peter Keenan. Both men were brought up in custody. The charge was laid under the 85th clause of the Mutiny Act, and w s according to the terms of that act, deemed to be proved by the prisoner, a civilian, appearing in soldier's clothes. The particular* of the evidence, whi-h wai to have been brought, but was not deemed necessary, exhibit, i i a very remarkable, degree how the unrestrained indulgence in a ta-te for the finer arts, may bring a man into what is called a " scrape." It appeared that both the prisoners met on the afternoon of Friday, at a public house in Queenstreet, each discovered that the other had a taste for music, and as " wine makcth the heart light," both got a little bit drunk. There was a discussitn as to the merits, not of the songsters of the grove, but those of the" boozing ken," and thy resolved, just as the moon was shining, to adjourn to a music hall somewhere in West Queen-street; the mors accomplished of the musicians, singing by the way, " My Own, My Guiding- Star." This performance wis in a very lofty key, and was loudly applauded by a partial jcooTipaniment.

Whether Terp-ichore was z»alous that the sister muse, Kuterpe, should have made po complete a conquest of two representative of the British army and navy was not stated, but the fa t is undißpucable that these redoubtable warriors heard the " sound of ma"y feet," and the stertorous breathing of the national instrument striking up the " FTumours of olyn." Patriotism is closely allied to poetic fervour, bo they went in, ordered " nobblers " each, and paid the piper. How the timo passed till "roll call" it would he un rofitable to narrate, but one fact occurred which involved the gravamen of th>) charge at the Police Court. The soldi-r, who is a hurley fellow five feet nine, found his " knightly spurs" getting too heavy for him, and induced bis companion, who is four feet eleven, to asiume his martial uniform. No sooner said than done, and the memorable passage of Homer in reproduced upon, a small scale. Patroclus again holds the shield of Archilles, ii slain in the marti il habiliments of his chief by TVectar.

A li tie after nine o'clock a " T ger"—nothing to thospott'd leopard of which Homer sings—but one of the fiSth, entered the ap rtments where these warriors were, and seized the one in uniform. '1 he other in the language of our informant '■ stepped" it. The <ap'ive was at on e handed over to the care of the police, and the fugitive pursued and taken. Such were the circumstances which preceded 'he appearance of these lovers of music before Mr. Beckham on Saturday morning. Petor Kcernan was ordered to (jet into the witness box, and being sworn, deposed : lama soldior in the Military Train. I know the prisoner at the bar. I say him yesterday. We were drinking together. The Magistrate : Whose clothes are those lie has on.*

"Witness: They are mine. . Magistrate : This is a very serious offence, -ou ] have made yourself liable to a fine of £20 or impr -rho prisoner, in a voice almost inaudible from terror, ad! he had never been " nxe<l for the clothes Magistrate : There is no doubt it is detaining under the Act . Prisonor: Pkize your worship I would gvie tle clothes up in a minit. hut fsotlo vocej bu like oxactlv to appear in my 'irigin.il uniformMusi trine (to the Commissioner of Police) . 1 believe this is the first case of the kind that his OC Tho Commissioner informod his Worship that it SO. ;ii v,r> Mteis f rate (to the prisoner): Now you will bo punished. The lowest pnnaity is £5, and the term of imrisonnrvnt is at the discretion of ihe mag : You will have some puniahrao it at all events, i . VUI fine you £5. or, in defmlfc. sentence y u to bo imprisoned in the common gaol of Auckh ad for one month, with— „ Prisoner: " Swat* sperit hear my prayer. Magistrate : Remove him. Let the other man be handed over to the military authorities, to be by court martial. ~ , , ' The soldier was at once marched off to the barracks and his companion to the police guardroom, where lie «as divested of the military suit. While being disrobed he declared that ho had knocked a great deal about the world and had never been so imposed upon before. "Be my conscience," he exclaimed, as he once more got him-:elf into his own habilaments, and soliloquising the cast-off -uniform, "That is the unpleasantest suit of clothis I ever wore in my li'e.