RESIDENT MAGISTRATE'S COURT.

Otago Daily Times, Issue 81, 18 February 1862, Page 2

RESIDENT MAGISTRATE'S COURT.

Monday, 17th January. (Before A. C. Strodk, Esq., R. M., His Honor the SUPERINTENDENT, CaPIAIX FItAZEB, andJ. FCLTON, Eso.n., J.B.'s.) DE.USKBSNIKS AHD INDECENOT. Georgo Trust, and Henry Leeson, were each fined 20s for being drunk. - Eobert Douglass, for indecent exposure of his perBon, was fined ss. and costs. STEALING FROM A TEXT. Alexander Thomson was charged by Michael Fox, with stealing some clothes from his tent in islauordstreet. Charles Hochor, the mate of the prosecutor said, that on coining home to his tent yesterday, he fciind the prisoner in it. He turned him out after looking about to see if there was anything missing. When the prosecutor eauie home they found, that some clothes were missing. They then "had the prisoner arrested. As none of the stoleu property had been found on the prisoner, he was discharged. NUISANCES. Informations for nuisances against J. C. Bowem, George Crowhurst, and George Casper, were postponed until Friday. HIGHWAY ROBBERY. Henry Garrett was chanted with Highway Robbery behind "Maungatua, on ttie 18th. October last. The prisoner refused to plead, and when the witnesses were ordered to leave the Court, he said, "that if they were wise, he would advise them not to come in again." W rni. Maloncy said, that he kept an Accommodation House at West Taieri. He remembered the 18th October last. About 11 o'clock that day, he was ascending the Maungatua range towards the diggings. He was walking, and leading a pack horse. c When about three miles, up the range, he saw a tent at the side of the road, and two men on horseback beside it. As he went on, they rode towards him very fast. They had lire-arms—revolvers. They passed him, and he went on to the tent. There was a man standing at it who said " Good morning. Mate," and asked him to have a drink of tea. He took the tea, and while drinking it the man remarked that there was no sugar in it. After drinking it, the man asked him where he was going, and he replied, to the diggings. The man immediately came forward, caught him by the collar, and said, " you are my prisoner, I have been waiting for you ; I knewjyou were coming." He then drew out his revolver, and dragged witness behind the tent into a gully where another little man with a mask on his face came up, and the two pushed him down between him. The man whom he first met at the tent had no mask or disguise on his faco up to this time. After knocking him down, the two men threw a coat over his* head and fastened it there, tying his hands behind his back at the same time, and then searching his pockets, from which they took a] purse containing four or five sovereigns. Aftor doing this they at his request, took the covering off his face, and he then observed that the tall man had a woollen comforter over the lower part of his face. The tall man then led him into the bush, to a place where there were six or seven other men tied up. On the way, the man told him not to be frightened, as he would have plenty of {mates, and they, only wanted money. AVheu the tall man brought him into the bush he laid him down on the grass, tied his legs, searched him again, and then left him, with the others, who were also tied up. There were two other men along with the tall man at various periods of the day ; they were all armed, and one of them stood sentry all day. He remained tied up for eight or nine hours. During that time, he saw the tall man several times, when he brought down other prisoners, and he also brought them down some tea and some of the gin which had been in witness's own pack. He also cut up tobacco and filled their pipes for them. About dusk in the evening, the tall man came down, and after examining his rifle he laid it down, and tied each of the 15 or 16 persons to a seperate tree, and threw some blankets and tents'over tliem. The tall man and his mates shortly afterwards went away, and said they woidd tell some one that there was something wrong in the "bush, and to go and help them. About an hour afterwards witness managed to release himself. Another prisoner named s Corstorphon also managed to get loose and released the remainder. When they were released they proceeded to Mr. Fulton's and gave him information of the outrage, he being the nearest magistrate. The prisoner at the bar was the man who first assaulted him, and of whom he had spoken as the "tall man." _ ■• By the Prisoner —He was not doing anything at present. He did not expect to "get a Government situation or to ba paid more than the 'usual expenses for appearing as a witness for the prosecution. Seymour jßupay said he had kept an accommodation house at West Taieri. At present he lived in Dunedin. He remembered the ISth October last. He was on his way to the digging; by the Maungatua road. He had started with Maloney, but after going for about two miles witness went into a gully to get some water and Maloney went on. . As witness was stoop-, ing to get tho water a mau with a billy and a pannikin in'his hand name up and said "Mate, fill my billy." Witness did so and the man went away. Witness then wont to fill his own billy, when another man without any disguise on his face, and armed with a revolver, came up and said " stand," at the same time presenting the revolver. This man was very tall, about six feet high. Witness stepped back a few paces and said " I believe you're going to stick me up." The man then jumped down and tied his hands behind his back, at the same time inquiring how much money he had. Witness said he had a few pounds, and tiie mau remarked " You'll do," and searched him, taking £10 10s. in a purse out of his pocket. The mau then said "come this way." Witness got up out of the gully and walked before the men until he came to anopen space in the bush where there were six or seven other men all tied up. The tall man then told him to sit down and tied his legs, and left him. Witness saw-him several times after this, when he was bringing other prisoners down. The last time be .saw him was about seven o'clock, when he came down and tied each of the prisoners to a separate tree, and than went away. The prisoner at the bar was the man alluded to as the tall man who first stuck him up. There were three other men with the prisoner. By the prisoner—He saw the previous witness (Maloney) about three minutes after he himself got to tlie place where all the prisoners were tied. Maloney arived there after he did. Witness did not see any tent uear the place. Maloney was before him on the road, perhaps, about a quarter of a mile. Witness did not know whether he or Maloney were stuck up first. It was about thirty or forty yards from where he was stuck up to the place where his legs were tied. It was below the place where he was stuck up. He had not been promised anything for giving his evidence. He had not tapped the prisoner on the shoulder in the gaol yard. At the request of the prisoner, Maloncy was recalled, and in answer to the prisoner, said that it was at least 200 yards from the place where he was stopped to where he was left tied up. It was about ten minutes after he was stuck up that he was left tied up with the others. Dupay was there when he was brought down. It was quite possible for one man to have stuck them both up if he was quick about it. The man who stuck him up asked him if it was his mate who "had gone for the water, as he would find him there before him. From the tent on tire road it was possible to see the entrance to the enclosure where they were all tied up. Win. Millar, a laborer residing in Dunedin, also described the circumstances of the robbery of which he had been one of the victims, and he distinctly swore to the identity of the prisoner as one of the robbeis. Matthew Miller, manager of a sheep-station at Popotuua, described that while riding in the part of the country referred to on the day in question, he came up to a tent near which one man was lying on the ground, while four others were at work chopping wood and lighting a fire. After passing the man on the ground, and on approaching the others, the four turned round upon him with masks upon their faces, and in their hands revolvers, which they presented at him. At the same time the man whom lie had passed lying on the ground came up, also with a mask on his face ; the whole party surroundedliis horse, seized tiie reins, and threw him from his saddle ; and when on the ground, his hands were tied and his pockets rifled of a watch, gold albert-chain, signet ring, two seconds of exchange for £10 each, on the Union Bank of Australia, and thirty shillings in cash. His horse, saddle, and bridle were also taken from him. There was only one man before him at the spot at which the party assaulted were subsequently collected. He identified jus watch, but could not swear to the identity of the prisoner. On being asked if he had any statement to make, the prisoner said he had nothing to say or sign. He did not usually write with the pen, but with another instrument, with which he seldom made a mistake. The prisoner was then committed to take his trial at the next sittings of the Supreme Court, and was removed from the bar. BREACII OP TUB PASSKNGBRS ACT. Win. Brown, master of the "City of Melbourne" was charged with an offence similar to that recently brought against the captain of the " Mary E. Ray," viz.:—a breach of the 14th, 10th, 35th, and 73rd sections of the Passengers Act. The defendant pleaded guilty to a contravention of the 14th section, relating-to an excess of passengers, but pleaded not guilty to the charge of: having a wilfully false passenger list. The number of passengers he confessed to having- in excess was nine, Mr. Howorth said, as to, the second charge, the number of passengers on the list was 80, while he was prepared to show that there were 89 on board. He would call several passengers who had paid their passage, but whose names were not ou the list received by the Immigration Officer. James Howe, Assistant Landing Waiter at Port Chalmers, stated that he had boarded the " City of Melbourne" on her arrival at the Port, mustered the passengers, and found nine in excess of the number on thesbrp's list—four in the steerage and five in the cabiu^rhe passengers made complaint to him of the

NUISANCES.

quality of the provisions they had received, and he referred them to the Immigration Officer, Mr. Monson. William Kennedy, examined, said he was a passenger by the "City of Melbourne," from Sydney to Port Chalmers. He gave £li to one of bis mates to pay a steerage passage for him by that yes?el at Sydney, and received from him a receipt signed by the owners, which he gave up on goinsr on board. Thomas Brown stated that he had also paid his fare to the agents at Sydney, and gave up his ticket with the rest'of the passengers on boarding the vessel" William M'Farlane said he paid to the owners £18, being £(3 for himself and two others,, and obtained receipts which ho subsequently delivered up. It having been proved that the names of those witnesses wore not on the list, Mr. Howorth said the next charge related to the quality of the provisions, und he called William Kenned}', who stated that, after being out five or six days, salt meat was served out for the first time. When presented, it was so' unwholesome that the passengers could not eat it. It had a very stroug smell, and when put in water by the cooks, the maggots floated in numbers on the surface. Greater part of the salt meat was in the same condition, though the second cask was a little better than the first. The passengers waited on the Captain in reference to the matter. By the Captain : He was among the passengers who waited upon him, but did not hear him say that he (the master) did not wish them to eat any such meat so long as there was good on board. He was not near enoush to hear what was said. William M;Farlane, recalled, stated that, the first barrel of meat was opened by the Health Ofiicer at Sydney, and it was just passable. The second cask, opened on the sixth or seventh day, caused much dissatisfaetiou among the passengers. The meat was of an inferior quality, and unwholesome. His attention was drawn to it by the cook of the vessel, and he found the water in which the beef had been soaked floating with maggots. Except the first cask, that was the general character and condition of the beef served out from the sixth or seventh day till the termination of the passage. Thomas Browu gave similar evidence.. He was employed as assistant cook, and from what he saw of the meat, it was altogether unfit for human food. After the same statement by two other passengers, the Captain called John Macdonald, master or the brigantine "Raven," who was present in court. Captain "Macdonald stated that, about a fortnight before leaving Sydney, he saw a quantity of corned beef brought down to the wharf there to be put on board the. '•' City of Melbourne." It was excellent meat, in a perfectly good state, and any few jjieces that were discovered not to be so were cast aside. Mr. Andrews, the owner of tlie " City of Melbourne," would not have a piece of bad meat on board his ships. By Mr. Howorth : The "Raven,''of which he was master, and the " City of Melbourne," belonged to the same owner. The Captain, in answer to questions from'the Bench, said the voyage lasted 28 days. Some portions of the beef had been found to have suffered in condition while in cask, but he had endeavored to satisfy the passengers by opening fresh casks, and, whatever complaints might now be made, the quantity on board was certainly consumed. He had no other meat to substitute, and the circumstances were aggravated by the length of the passage through foul weather and the head-winds he had encountered. After consultation, Mr. Strode intimated that the Bench found the charge under the 14th section • proved, and for the nine passengers in excess fined ■ the defendant £12 each, or £10rf, Under the 16th section they fined him £50 ; under the 3oth, £50 ; . and, under the 73rd, for the wrong done to the passengers, they ordered the payment of £2 to each passenger as compensation, the total amount being £3Sti, • together with costs. . The defendant stated he was not in any way prepared to pay the money, and, in default, he was committed for three months in each case.