RESIDENT MAGISTRATE'S COURT.

New Zealand Herald, Volume III, Issue 636, 25 November 1865, Page 6

RESIDENT MAGISTRATE'S COURT.

Friday. (Before Thomas Beckham, Esq., R.M.) SELOXY. Alfred Martin was charged with stonling a ws>tch : 'from the Scotia Hotel, the property of Sergeant ■Kiley. Thomas Powell, sworn, said: Inm proprietor of the Scotia Hotel, Hobson-street. I know tho prisoner. He lodged at my houso from the 6th to 9th inat. The day aftor ho left my house I missed a silver watch and chaiu. It was lying in my bedroom the day before he left. This is the watch and chain (produced). The wntch is not my property but was left in my charge by Sergeant Kiley. I next again saw tho watch in possession of William 81-ueo, now in Court, on tho 13th inst. I then went in search of prisoner and gave him into tho custody of tho police on Wednesday last.

Wm." Bruce deposed: I know tho prisoner. I saw him in my honse on tho day when the Supreme Court foundation stone was laid. It was in the evening between 8 and 10 o'clock. Ho spoke to moHe askod mo to buy a watch. He told mu that his wife and family were starving. I bought the watch for fifteen shillings. This is the watch now produced. I know the last witness Powell. I gave the watch up to Constable Dtlauey on Wednesday about one o'clock. Cross-examined by Mr. Wynn : The prisoner was perfectly sober, and so was I. I keep the Sportsmen's Hotel. Ho asked £1 for the watch. It is ■not worth more to me than £1. Constable Delaney deposed that he apprehended the prisoner on Wednesday last the 2 ind inst. He ■was given into hi 3 custody by Thomas rowel I, ■charged -with stealing a watch. Prisoner said he did not steal it. Prisoner was committed to tako his trial at the next sitting of tho Supreme Court. ASSAULT. Fred. Brant and Wm. Leggatt were brought up charged with assaulting John McGinlay. Mr. Wynn appeared for the defendant, and admitted that the plaintiff had been punished by (he defendants, but that thpy wero mistaken in tho man. They were now willing to pay all tho expenses of the Court, and offer an apology, 'if that would satisfv the complainant. The case was remanded until to-morrow. KATB. Alexander Lynch -was charged with committing a rape upon Mary Stewart, on the night of Wednesday last. Thomas Simons was also charged with aiding and abetting the same. Mr. Wynn appeared for defendants. Mary Stewart deposed: lam a widow, residing in Ofhcial Bay. I know the prisoners. On Wednesday last I was at the theatre, and as I was going noire by Shortland-street,.l met the two prisoners «nd a woman. I enquired who tha female was, believing her to bo the' person with whom I was lodging. After some conversition, Lynch asked me •where I lived, and I told him. We went to tho Belfast Hofc], but could not get in. I was then persuaded to go over to a public house )'■: Wulefieldetreet. We had a glass of wins, n--' :ifter a few ' minutes -we -went away. Wo 1.'.. ■ ossad the road on the way home. Lynch then t,.-.1, "Who is to go home with you," and I t.-iid both had better come. Lynch then loft me, and I went on with SimoDS; shortly afterwards Lynch joined me, and without saying anything took mo by my etawl and dragged mo to tho ground. I cried out " murder," and Lynch lifted his hand and said ho would take my life if I opened my mouth. I scuffled, and afterwards ran away, btt he succeeded iu dragging mo down again, and accomplished his purpose [The other portion is unfit for publication.] The other man (Simons) stood alongside all tlio time, and would not offer me nny assistance. Lynch kept me on the grass until daylight, and would not let mo go. I got home about 4 o'clock. Complainant was then cross-examined by Mr "Wynn.

Greenwood Hanniwell, barman at the Fitzroy Hotel, "Waiefield-etreet, deposed that on Tuesday night last, tho compiainant and the two prisoners came there. Simons drank a glass of ginger beer and the female a glass of wine ; Lynch was at tho bar, and HlO other two (Pimons and the complainant) were in the room toßother. Simons and tho ■woman then went away, and upon inv telling Lynch he ran after .them. They were about 100 yards off then.

Mrs. Anmo Mills deposed : I reside in Official Bay, and know the pro3ecutrix. Sho was living with me on Tuesday last. She Joft the houso about 7 o'clock thnt night. I next saw her about half-past lour the next morning, when she returned homo ; sho appeared very much excited, looked very haggard, and her dress and underclothing were all torn, and had the appearance of her being dragged through the rand. .She msdn n complaint to mo, and I took her into her bed-room find helped her to undress. The bundle produced contains , the clothing I took o/f Her [clothes produced here]. I noticed that proBecutrix was bruised in tho leg, and that her chest was discoloured.

CThe remainder of tho evidence was unfit for nub' hcation.] '

Sir. Wynn croßs-cxamined at great length. Tho witness Hanuiwell was recalled, and stated that prosecutrix was perfectly Bobcr when she left the Fitzroy," and her dress wus in good order. That was tho case for tho prosecution. t *u Yl Dn adlir es3od Hip Bench at groiit lonnth for the defence, stating that evidence for fho prosecutS™7f not t0 1 ,0 rolied upjn, and that « was a trumped-up case to extort money. His Worship uaid olthougli there was no doubt the prcwocutnx h»d acted very foo!i 3 hly and imprudently, a rape had been committed, and it was one of tho fouleat enmes known, and the prisoner* ought to Te nrerdy punched. Ho could do no more than send tho case before a ,ury and would therefore commit them to take tlieir trial at the next criminal sessions of tho Supremo Court.

His "Worship said ho would accept bail in two sureties of £250 each, for each prisoner.

LAUCENY. John Thomna Bennett, ft lad about 14 j- e are of ago, pleaded guilty to having stolen from tho house of Charles Carlson, Chancory-btroot, tho sum of £3 in sovereigns and half-sovereigns. Ho was sentenced to six months' hard labour. GBEEN- V. CABKIE. Alexander Carrie was charged by Mark Green with committing a_ breach of tho peaco by using towards himiUireatcning language. JlT?'Wynn appeared for the prosecution, and Mr. Boveridge for tho defendant. Dofendant pleaded guilty and expressed his regret for wUtit ho hod donu, promising not to interfere with tho pliiintiff agiiin, iiml t»d ordered to Vo us p»7B>tat of poet«i