POLICE COURT.—Wedesday.

New Zealand Herald, Volume VII, Issue 1900, 17 February 1870, Page 7

POLICE COURT.— Wedesday.

(Before Mes«re. J. S.Macfar : ane and D. B.

Thornton, Esq., Justices.) DIUTKKENJfESg. Joseph, Chappel, William ' Alexundor UcFagden, William Swanson, Mary Burke were dealt with es' drunkards'. '' t DSsEBTIOK.' r Michael Certelt. pbarged by mt Kolly with desertion, was ordered to be handed ovn.tpfthe military authorities. ' BBEACH OF THE CUSTOMS itBGUIATIONS ACT> ,-1858. . . George Rowley, proprietor,of the Terminus Hotel, wus charged on ihe 'nformation ot H. ■J.- MoKellar ,Hgq., Collector of 11. M. Cmton j, that hei (jeorgfi jt<owley,, was on sth. February, instant, knowingly concerned in erading duties ol Customs in deuling with certain goods, to wit, tSO lbs. of tobacco wiih intei t so defraud Her Maj«ty of the duties ot Customs, contrary to sectio i 163 of the Customs Regulations Act, 1858, whereby the said George Kowley hat forfeited the penalty of £100 for which the Commissioner of Customs has elected to sue. Mr. Brookfield appeared for the prosecution ; Mr: Lascelle6 and Mr. Joy lor the dt-fence. H. 8. McKellar deposed: lam Collector of ustoms, and the proceedings are instigated by me, and I elect under the Act in tha*. case made and provided, to Bue the defendant in this ins'anco for the penalty of £100. "Sonnj. Warren, owom: I am a grooer and reside in fehortland-street. 1 saw the defendant on. the evening of the sth iostant, at my shop. It was betwe&n nine and ten ft" 0 - I' '» not a iB Qal time fo F the purchase of goods. I have been *n businees for nearly five years, and about balf-a-dozen timos I purohasod goods between nine aud ten on Saturday nights. I have known Bowley f't some time. I bought tobacco trom him last July. I paid him over £18 for it, at tho rote of 2s lld per lb. Kowley came to me on Saturday, the sth instant, betwi cn nine and ten pa, and asked me to buy som<> tobacco, ii e showr.d me a Eample, and said he would send me t-ix boxes if I would to tuke them. He asked me 2s Gd per lb., and [ agreed to give it. It was cht-ap for that kind at tobacco. I received six boxus of it tho same night. It was brought to my h'>»3J in a sack in two lots. The first was delivered A »out three quarter* of an hour after I had made tie purchcte, nn-.l the second about halt ati hour alter the first. I saw Kcwiey on Monday morning, and paid him for the tobacco b> cheque. I had previou-ly weigNed it, and found that it weighed 128 lbs. -the tobacco now produced I cannot swear to. x oau swenr that this box (jnoduced) wus toU-n from mr house by tho I'Olice. By Mr Lasci;lles: When Kowley offared mo the tobacco he did not say 'bat it was hi 9 own. or that he had it in hia poßsesßiou. I think he said that he knew of a party who had it for sale. When he delivered tt he did not in any way with it concealed. _It was an open transaction. 1 have seen Bimilar tobacco sold and offered for sale in othor shops of the same brand. The tobacco was openlj weighed in my shop on Monday morning at eleven. Several of my customers were in tho shop ..at the time. The tobacco was brought to my house bj a man I did not know. It wns not Kowhy. Re-examined by Mr. Brookfield: If Bovrley bad told me the tobacio bad been smuggled—well, I do not know what I should have 'don«-. Mr; Brookfield : Woll, wc must look tharp after you, Mr. Warren. j George Kattray McNabb deposed : I am storeman to Messrs. Cruickshanlc, Smart and o. My employers have very recently hud t .br.cco of this description lor sale. It is worth 4s 3d per pound wholeaalo. By.'Mr. Joy : J will not swear that this is Orniokshank, Smart anil Co.'s tobacco, but I will swear thit that it is worth 4p. 3d. We, I the firm, that i*, can't affo.-d to cell it for U SB. ;

.Detective Ternalien deposed : On the llt'l instant I saw defendant in reference to the sale of some toba. eo ti Warren. X iskei him if he ibad sold aDy tob v. co on the previous aturtlr.y or subsequent)-. He said he had not excepting half-pounds an 4 pounds over t; e counter to his customers. He accompanied me co the Commissioner's office. Mr. s'l.ughton toll him that thepolica woreaw-re ih-t tie had sold tobacco to Warren. He then itdm tted it. 1 took sJtne of this tobacco from W rren s Bhop, and I found similar :obac :o t n Row er's premises.

By Air. Laso ll rt : I d-ft-niu l t hetber ha had sell any- tobacc in bulk, 'io ebii he ''ad s r >ld some to Warren for "the parties, and tlr.it lie had received i. i-hrque and paid it in to his own banking account. Oulanandt gave ma all tho iuinf raiation in refori-noi to th« affair, eve 'o ttie piice of tobHOcf, He <iii tint »i . e inc the pnm» of (tie jj!>r:j- 0:1 wh->flo •icnuunf h ;aid ilie h'i,l Mil t Ho *«!>*( quontly tol-i uie lii« riuino win J"bn -tcpberi:-, and th;ii bo hitii liopt "ut of tho way for tear o' ill ■ I'oiiut*. !'lh iriok me to 11 house, but "id'i>■ ■' p.- chii'O .'o'ihi S ejli"'i3 or Kiiy ou;i ol.v. Mr LusciJloh lh:u addressed the Comt. tor thode.-onne.'and contended that nr. ►.vi'tear... hu l been tendered-.-to p«ovo that d'-'frri .'an! hat l ■" k'lO'vingly " been, guilty ot a. Irani - ; mi tlm Customs, or of any attempt lit frau i. He point.d t;> tho fuct that the tran;iu::i >:t hu-i bee" "ipuiti u-d tliat ilel'e•id;i:-t'» eo'idiiar. i. rt .! shewn hiin to be inertly an in tho multbr for other parties. tie pr.-aei-d t-r ■■ dismissal, "r such alight penalty tf w.;incl cause the defendant fortiio future ti> <xertis; mora caution in his b>;.-in< si transm-ii-ms.

The Bench was of oiMnvm thai, iho ojso was 'clearly pi'ited, and tha'r dtf-ndant mu?t have known Ibat tho l-übaeeo was *>iiiij;i:l'd'; but lin (■oiisaU-r.i.'iopi of i's tu.-i tI.M o Hence, they would inflict tho initialled pe;i.t!ty of £50 mid eo-ds, the alternative being imprisonment far nix months, ai.d no lunger. ' ASSAI"I.T A Nil R BIIKUY. John O'Uoii'or win eJ by Wiliiim Banks with knocking him down, and telaniously .iteuiinj* f/om iiii pe'H'ii a silver watch an-t hair of the vhlum of .£'s IT* 6J, ih n lane i.-fT -ilbert-strcet, Au- lOumi, on Tues iay last, the 15 li ins.. Willi, ni i.i'culiH, sworn, deposed to the na nre ol the offence. Mary Ann Dixo-i, i-won, corroborated th : wi:nes-<'d evidence. »Vt.'etcelivti Ternah-in, sworn : Arrested p 1 i sonel'lat<t night "ii ' his charge. Ke'.'oivnd tho watci now produced Irom piosoeutor, ami i*-r goldibar irom Miry -1111 L):*«a. When fce s;nv prisoner his i-oat. iv.n torn. i'lie piece ■-! cloth now piod-.sced i.i j.art of piUunrr a cat. By the iii-nuh : The prosecutor «',.s net qui'O sober, but prisoner was entirely so. Tf'.e Hciu-h copMiiei'e:t tout (te'eiiiJant v.-as guiify m a o • iif-s'iult, a*.(l him to one moiitli's iinpiiiidnaient with lutid labour. iho I'nni t tlion r i»i*.