POLICE COURT.—Saturday.

New Zealand Herald, Volume X, Issue 2795, 13 January 1873, Page 3

POLICE COURT.— Saturday.

[Before T. Beckhani, Esq., B.M.] Drunkenness. —Four pereons pleaded guilty to this offence, and were punished by flue or imprisonment. Labceny.—Alfred Carroll was charged with stealing one pair of boots, value Bs, the property of D. McPherson, on the 9th instant. On the application of Inspector Broham, this caso was adjourned until thie (Monday) morning. SMUGGLING. —Daniel Malley waß charged with landing from the e.s. Wonga Wonga, on the 10th instant, a quantity of tobacco, about 16 lbs., tho duty upon which had not been paid, with intent thereby to defraud Hie Government. The prisoner pleaded guilty, and was fined £50 and coats. — "William McLean was charged with harbouring goods, nbout 16 lba. of tobacco, with intent to avoid tho duty on the same, on the 10th instant. Mr. BrooU field prosecuted. This case arose out of the former one, to which the defendant had pleaded guilty.—H. H. McKellar, Collector of Customs, deposed that he was tho proeecutor, and that the duty on the tobacco, the subject of the present charge, had not been paid.—Daniel Malley, defendant in the last case, deposed to a conversation having taken place between himself and the defendant, in which the defendant asked him if he had any tobacco, and requested him to bring some to him. In tho evening of the same day, the witness took a parcel of tobacco, and delivered it to tho defendant, but no arrangement as to the payment for the tobacco was made at the time.—Kichard Parker, a Custom-house officer, deposed to having seen the last witness go to McLean's shop with a parcel, and return without it. Witness, being suspicious of the contents of the parcel, then went to McLean and asked to see it. The prisoner at first denied having received uny parcel. Hβ was then told by the witness that he knew it was there, and if he did not give it up he would search the place. Sergeant Buker having been sent for, on hia arrival the defendant gave up the parcel produced, which

contained the tobacco.—Sergeant Baker wne called, and gave evidence in support of the case for the prosecution.—Thedefendant made a statement for hie defence, in which he said that the parcel was left at his shop by a person who asked that it might be left until he called for it. The prisoner called a witness who was present, but his evidence did not assist the defendant's case. —Mr. Brookfield pressed for the full penalty to be inflicted in this case, as it was such persons as the defendant who incited others to smuggling, and who profited chiefly by it. The Court found the prisoner guilty, and fined him £100 and costs, with the alternative of six months' imprisonment. The penalty of the former defendant wae now remitted to £25 and costs.

Lunacy.—A young man was brought up charged with being of unsound mind.— Inspector Broham was of opinion that the rao9t fitting place for the defendant was th» hospital, as he considered that the weakness of his mind was owing to his low condition of health. —On this suggestion the defendant was discharged, for the purpose of his being taken to the hospital.

Stamp Act.—The case against Messrs. Samuel Wells and Edgar W. Walker, for neglecting to comply with the provision! of the Stamp Act, was called on for judgment.— Mr. Brookfield appeared for the Crown, and Mr. H. A. Cornford for the defence.—His Honor expressed his regret at not having been able to give judgment in the case before, but the holidays and business at the Thames had prevented him from doing bo. Although due consideration had been given to the arguments used by the learned gentlemen on behalf of the defendants, the Court could come to no other conclusion than that it was beyond all doubt that judgment must be given against the defendants. But the attention of the Court having been called to a clause iu the Stamp Aot, whieh made it optional with the Court to omit a portion of the fine, the Court having taken into consideration the surrounding circumstances of the case, felt justified in omitting a portion of the penalty. The judgment, therefore, was that each of the defendants pay a fine of £2 and costs.—Mr. Cornford applied for execution to be etayed until the Commieeioner of Stamps could be communicated with ; as it was the intention of the defendants to apply for a remission of the penalty.—Mr. Brookfield offered no opposition to this application, and the caso was allowed to stand over for fourteen days.