RESIDENT MAGISTRATE'S COURT,

New Zealand Herald, Volume III, Issue 645, 6 December 1865, Page 5

RESIDENT MAGISTRATE'S COURT,

TtTESPAT. (Bcofre Thomas Becxham, Eaq., R.M.). 11I1EACII OF. THE MUlflOrPAli I'OI.ICE ACT. lulwarcl Kussoll was charged with a beach of Hie Municipal Polieo Act, by indecently exposing his per*Tj>-\ Uobs °»-Btrcct. He wa9 ordered to pay a fine r i/ j " Ot belns nMo t0 " ;l - v it; > wa3 sont t0 P riß °n for 14 days. W.ST.nTETI. Willhm Mooro A'as brought up, charged with being a doeortor from (ho 18th Regiment, and was handed over to the military authorities. LARCENY. Jiimos Dowling and Thomas Davis wore charged by John Butt with haviug stolen from the cutter lay one caso of wine, valuo 36a., tho property of Messrs. Butt and Andoi son. _ Mr. Russell, on behalf of tho prosecution, applied tor a remand, as ho had only just been instructed by Mr. Wynn, the counsel. His Worship said that would not bo fair to the prisoners to keep thorn in custody ono moment lon"or than was necessary. Ho must refuse the application for a remand. Tho abaonce of counsel was no reason for asking for a remand. Mi , . liussell briefly opened tho caso by stating the facia which ho proceeded to provo by tho following ovidenco. ° James Badstock, a sailor, boing sworn, deposed: I was working iu tho cutter Tuy on tho 30th Nov. I'ist, taking in cargo from tho ship Siam, for the purpose of landing it on tho wharf. Tho Siam is lying out in tho stream. James Dowling, ono of tho prisoners, was with mo. We tnok in various packixgea with soveral marks. Tho weather was so severe that wo could not Unci tho goods, eo wo anchored the cutter outside the breakwater. That was between ten and eleven o'clock on Thursday morning. I put the prisouer Dowling on shoro in a dingey, and returned to tho vessel about scvon o'clock in tho evening. Dowling returned during tho night. Tho prisoner Davis brought him on board. They both remained on board all night. No one else camo on board. A little after daylight I got Uio vessel under vuy to go to tho wluirf, and tho prisoner Davis camo on deck an 1 took one of tho easc9, antj was going to put it in his boat. I toUl him to leavo it dervn, and ho would not, so I it from him and threw it down the hatchway. He then went down to Dowling, and they bolh oamo on deck together. Davis then worst into his boat Dowling told mo ho had charge of iho vessel, and handed tho caso over tho sitlo to Davis in his boat. That case was ono of tho packages wo rcjoivod us cargo to convey on shoro. I noticed the mark on Iho caso. It was D (J & Co. scribed in. Cross-examined by Mr MeCormick : I was standing at tho tiller when tho caso was handed over the side. Davia'.s boat was on tho starboard f-ido of the cutter amidships. I wps on tho windward side, and eould see under the sail. I distinctly recognisoJ the marks on tho caso. I cannot say that it was the samo case that I took from Davis which was bunded over the side. I nsaisted in discharging tho cargo into tho cutter nut of the Siam. I cannot remember all tho rases that were taken into tho cutter. I will undertake to swear that this case came out of tho Siam, bocauso there was nothing in tho cutter when we wont alongsido tho vcssol. I was absent from the cutter for seven hours. Thcro was no ono on board when I left it. I went home to havo dinner and to put on some dry clothing. I took somo liquor on shore, but I was not drunk. I full into tho water when I was putting Dowling on shoro because tho boat capsizod. I had no moro drink when I got on board tho cutter. I laid down and had a sleep. Wo tried to bring the cutter alongsido tho wharf, but could not do eo, so I let go the anchor. I went to Mr. Anderson, and told him to send somo one on board to bring tho cutter to tho wharf, as I had left her. lam working tho boat on shares, but am not responsible for lobs of cargo. I nni not in clmrgn of tho boat. If tho cutter were left under my chargo, I should bo responsible for any loss incurred during that time. 1 was nst present at the discharging of tho light" r. By tho Court: I saw Davis put tho caso into hie beat and takn it away. The caso had not brokon open. Nono of them had been broken opon on board tho cutter. Dowling handed the caso to Davis, who put it into his boat. I enw Davis make his boat fast to another vessel and brook the caae oppn. Dowling was then in the cutter. John t-mith, a boatman in the employ of Butt and Anderson, being sworn, said: I saw tho prisoners on Friday moni'ig, December Ist, on board tho cutti-r Tay. I eaw some ono pass a ca3B into a waterman's boat. I recognised Davis on board of his own boat. Ho was standing in tho after part of his boat, and received tho case. Davis went away, but I did not bco whero ho went to. I did not seo the prisoners on tli3 day before. John Butt, sworn, snid : I know tho ?prisonor Dowling. ifo was in our employ on Ist December last. Ho was discharged on that day for tho offenco he now stands Hβ was then employed discharging the cargo" of the Siam with tho cuttor Tay. We, as owners of tho boat, aro personally responsiblo for any lose or damago to the goods whilo in the cuttor Tay. Tho captain of tho boat for tho time boing gives a receipt for the goods. Cross-oxamined by Mr. McOormick : Messrs. Butt and Anderson "own sovoral lighters. Wo paid Dowling a certain proportion of what ho oornod. Wo pay that amount lit so much por ton. It ia a general understanding between us and our men that they are responsible to us. Wo tell them bo, but it does not go for much, for when anything camo to bo i puirl, wo found that we always had to pay it. I know what cargo was discharged that day by tho boat noto. I have no personal knowledge of tho loss of any case. I have not heard of any loss from this particular cargo of tho Tay. Thore woro sovoral cases over from what I havo heard. Thero wore no particular instructions <;iven to tho prisoners on this particular occasion. Thcso particular goods wore to be delivered to Mr. Wodham. By tho Court: I do not know that thoro 5s a caso missing from tho cargo of tho Siam. At this stage of tho procoedinga his Worship said ho was awavo of tho difficulties under which the counsel for tho prosecutor was labouring. But it was a great oversight that thero was no witness to prove how many cases wero put iu tho cai go-boat and how ninny were landed on tho wharf, and whetlior any wero missing. On these points tho ovidencehiid completly broken down. If it could bo shown that thero was a caso missing, then tho persons could not bo disroisso-J, ns they now were, but ho imi't tell them that the ease boing now dismissed did not exompt them from being again charged witl tho samo ollenee, and the action tried with amended ovidenco. TKAXSI'EU OF liICIiNSES. Tho liconses for tho following housos wore transferred :—JbVom John Day to Daniel Lorigan, for the Royal Oak Hotel; from James Kosio to Mority Samuel Seers, for tho Kob Roy Hotel; from Peter Verdon Dixon to Henry Crawford, for tho Union Hotol ; from Thomas Aitken to David Daitley, for tho Edinburgh Castle Hotel; from Thomas Tierney to James Jackman, for tho Caledonian Hotel; from Henry Adams to Charles Carter, for tho London Hotel; from A. Oliver to Patrick Lundon, for tho Queen's Hotol ; from George Smith to Samuel Evaneon, for tho Fitzroy Hotol; from C. J- Quick to Frincis Quick, for tho United Service Hotel; and from J. Cusuok to Daniel Sheehan, for the Governor Browne Hotel.