POLICE COURT.—Friday.

New Zealand Herald, Volume VII, Issue 1902, 19 February 1870, Page 7

POLICE COURT.—Friday.

( eMeesrd. J. O'Neill nnd E. E. Porter Justices.) DKTTNKBSNESS. Baniel Tjayton, William Maloney, G. Walker, Thomas Collier, and Benjaui n Clarke wero dealt with in the u al manuer as drunkards DBSSRTESS FROM H.H.S. PHCEBE. John Davis on;l Joseph ilea ley pleaded fiuiltF to the charge of deierlion from U.M.S. Pkcobe. Defendants were remanded for a weok, to communicate with the itosaiio at Taurmiga. STEAIIN-α TOBACCO. George Itowley, landl >rd of the Railway Terrainns Hotel, was charged wi'h stealing ten boxes of tobacco, value £22, from tho warehouse of Messrs. Oruikshunk, Smart, and Co. Mr. Brookfleld nrrl Mr. Beveridije «p» pearwd for the proseontiou, and Mr. Joy for the defence. Gr. R Me"-'nb, eworn, said : I am in the empliiy of Grniekshank, Smart andUo, und was so on the sth instant, and have charge of the bonded store. On that day tUi bond was closed at 2p m. Andrew I'ate, the locker, wat theru miking up his book wh*m I wn leavinj. No otio bat the locker and my.-e f had aoiuWfl to the bonded stare. It has an entrance from High-street, und is secured by two bolts, a lock, and a btr. One of the bolts is at the top of the door, and the other 'it thebittim. On Sunday Mr. Johnson came to my house and told mo something which induced me to go and examine the ntore. I found it had beun locked from the outside, contrary to the usual practice. Mr. Johnson and myself entered the store from the back, and observed two mats of sugar on the ground. Tney were not there on Saturday. I found thit night eit;ht boxea wore stowed between a quantity of sugar and beer. They wero not so stowed on Saturday. Oα going upetairs we found that th« tabaco had been disturbed in the staclc. One box wa«l miisiiig. The tobacco is packed in caaoa, each case containing eight boxes. One wus missing from a cud opsned on Saturday. On Monday, further search wa; made in the presence of the Collector of Customs, when more tobacco w«B found misaing. Fiv.? or six of the boxos had been broken open, anil four or fire sticks of tobacco abstracted from each. Sgveral half-sticks and a few cigar* were lying about. In all ten cases were missing containing about 2001 "S tobacco. Tho tobacco wn* not all of on > br md, there were of I one sort, " Indian Hunter," and two of another, " Crystal," like that now produced in Court. It is exactly the same as that taken from t'.e store. I don't thins there is a. bos of the " Hunter , ' brand ex- ept at Cruici- shink, dmait and Co.'i. boxes were dieposK'.l of on lhn 7'h January, to Air. Auhin. of rtlex■uiflra, an i o .o wis dis-i.iei ind sold to two purti-a 'l'h« value '>f the tobaneo, including ■iuty, was ab nit U3l per lb. We got rethur more for some of it. Witness, orone-Bxainined by Mr. Bees, e'-iid he wa3 not prepared to swear to tho tobacco positively, but to the beet of his beti.jt t-'is lobacco now produced is Ciuiokahrtnk, Smart, und 'Jo.'*. Had aeen th« inside of the two c>tse< that were spoken of, and they contained the Hunter tobacco. The cuv's had been opened and examined some time sinCH. Una been in the store fifteen months. Andrew Tate, locker U.M. ('uatonai, Auckland, depoiod : On Saturday, 5tU instant, "bout two p.m , I looked up O Smart, and C>.'e bond. Just before cloiing William Davij was there Hβ is a *torem tn at Cruickshan :, Smart and Co.'e. Hal e'pod me to lock up. Nobody but Maunab, UitFis. and myaelf wore \hure just before lookiiig up By Mr. Joy: I did not take e'ook on t)u sth. I swear the tobacco was stolen. I will not positiv I) , swear it waa not gone btifortt 1 locked up on that dav. By Mr. Brookaeld; The Customs keep account of the good* in bond, wii,h their marks, numbers, &c. When anyihiog is sold a delivery order is girin. No order wa? given for Crystal or Hunter tobacco bet>rt!'3u Saturday and Monday. Young Warden, grocar, Shortland-etreet, deposed : I recollect seeing the prisoner on the evening of Saturday, the oik instant, at my shop. It was about 10 o'clock, fie cam in and asked me to bay Dome tobacco. Us shewed me a sample of the light- - '>!ourud tobaoeo. Sβ said he had six boxes 1o sale and atked 2s 6d. por lb. for it. I agreed to buy sir boxes at that price. He eiid he would send them to me. I received boxes the same ni :ht, and the re<t on Monday. I siw liowley on Monday, and gave him a cheque for £16. One box was light, oolore I, ilk" the cryaral now prolucud. The was eimilar to the other. I sild thre ■ boxes to Mr. Bucho'z' trivellor, and another tJ .'i!r. Barnett. I s>ld one to Cruickel.unk, Smart, and 00., aaii the police got unoiher. John &uilding, acoreman, Au?klnid, deposed to finding the door of the store in question unfastened tit about 8 am. on Sunday, and iufi.rming the Customs' messenger of tha fact. The messenger c*rae back with witness and they wont in together fci see if anybody wns there, but there was no one.

By Mr. Joy : I rise etrly every morning and have a walk on the wharf. I pass [he store every morning and evoninsj alsi. Detective TerreVn deposed to the apprehension of the prisoner, in consequence of information received. On Tuesday, the llth, witness went to the h >use of trie pn'a nsr, accompanied by Detective Murphy. Oaati n.»d prisoner in the usuil way. Told hits (here hul been a robbery of tobacco. Aiked him if he had sold or bought any on the Salu day. He said he had bought one nox, that w»s all. Hβ said he had Hold the contents ■ f that box in lbs. and j-lbs, to oligomers over the counter Asked him if he had any left. He sail he had, and Bkowed us some. That produced is what he showed us. We then ca.na bao'< to th« police rttation, and saw the Oα ntnia-ioner. In Mr. itfuughton'e prveence, iris ner denied having doait with any other tob.co>. Ha was then informed that the polio knew that he lmd sold six boxes to Mr. Warren. Prisoner] then admitted that such was the foot, an i had boon paid by cheque, which he had placed to his own rooount at the bank. Witness eearched at different stores, nhopa, &c, in town, but couM fimi no tobacco of the " Crystal" or " Hunter '* kind, exoept «t Gruickshank, Smart, and Oo.'a.

By Mr. Bees : The prisoner was fined £50 for having dutiable goods in hie possession which had not paid duty. The same tobacco now produced was then produoed against'turn. On that occasion prisoner said two men hud asked him to eell some tobaooo for the<n, which he aooordiugly did to f-era, aud gained no money himaelf by the transaction. Mβ gave the name of one of these men as John Stevens known to the police as " F/ittlo Jack." Went to the house where ' Liltle Jack " had been stopping. ''Little Jack " was no 1 ; tUere. Piinoaer s<il he h«d told Jack the detectives Tfora after him.

Witness esid, "If you're done to. you've acted very f.,oliehly." M.d-t search, but could not find Jack. Tnie was the case for ths proe;cution. Nα witnesaee were for the defer, fe, but Mr. Keee mide an abb addiess to -hiBench on behalf of the pii o.ier, ursr.-;j.-that the tobacco was not proved to he 7-ml stolen from Smurt ami C '* inr] tho case was not such as a jury wo :!■> convict upon. The Court considered Uie-e waa evi-iiince sufficient to warrant prisoDerV ccmmitts.l f'r trini at the Supreme Court, ami he whs accordingly cjaimuted, but would be admitted to b:>il. THREATENING LANGUAGE. Thomas Uoiltns Wiß chargeii by John Mi'ler, of the lMen«lee, wii.h übusivu ur.d threatening language. The easo wa} not h<.id to bo proved, ;md wa< dismissed. ABBA.I LT. A. Anderson Jras <;hars»ei with assaulting John Miller, by etnkiiis; him on the face un Sunday night last on board tho Helanslou. Mr. Joy appeared for complainant, and Mr. Rilchie for defendant. Tne complainant, bavin : ; a'ated Ids cafe, cilled two witnees??, who, howevsr, eiid th.y saw no blow struck, u;ii the c-iea was dimissed. At Iho close ol tii« case, juat outeMa tlie Court, lha com..luinant usUed th) captiin for a discharge, which win refused. He then wtruek the Captain a blow on tha fact), upon niiich he was taken infc> ciistodv, und will be brought up to answer the charge to-morrow.