RESIDENT MAGISTRATE'S COURT

Otago Daily Times, Issue 672, 12 February 1864, Page 4

RESIDENT MAGISTRATE'S COURT

Thuksdat, February 11th. (Before A. C. Strode, Esq., R.M.)

Drunkards,—William Livingstone was fined 20s, or 48 hours' imprisonment, forbeing drunk; Michael Cretan, who the magistrate recognised as an old friend; for repeated drunkenness, was fined 30i, or four days' imprisonment, with a further promise of a week's hard labor if he came up again ; William M'Leish was fined 20s, or 24 hours' imprisonment, for being drunk. Vagrancy.—Archibald Cameron was brought up, charged with being a rogue and vagabond, and with having a skeleton key in his possession contrary to law. Detective Farrell said that he had long had an eye on the prisoner. Several shops had been recently tried, and some robberies had been committed. On the evening previous witness arrested prisoner, and found on him the skeleton key produced. Prisoner followed no occupation, and was an associate of thieves and vagabonds. Witness arrested him near a tent, and not far from the place found a quantity of clothes planted. In cross-examination' prisoner endeavored to show that the key was not a skeleton key, bub the key of his own door. Detective Rowley knew the prisoner to be a burglar and the associate of convicted thieves. When arrested the prisoner was lying on bis face it' the bush. On a former occasion prisoner had been arrested and thirty skeleton keys found on him. The key produced was a skeleton key, and wa3 found on the prisoner. Detective Slattery had known the prisoner for four years, and'for the last six months in the colony. He gave similar evidence as to the character of the prisoner and the nature of the key. In defence, prisoner denied that he had the key for any unlawful purpose. He had the lock belonging to it, and it was not a skeleton key at all.

The Magistrate said that prisoner was a desperate and notorious offender, as well as a most dangerous man. He knew prisoner's antecedentß and would therefore give him the utmost the law allowed. He only wished that he could have given him a little more, because it would be a wholesome thing for the community. The sentence was that prisoner be sent to gaol for six months, with hard labor. Offences against the Licensing Ordidance. —Albert Griffiths was charged with keeping open his licenced house, the Australasian Hotel, in Maclaggan street, after 11 o'clock on Sunday night last. Mr Ward appeared for the defence, and totally deniel that any trade had been done, or that the house was open for the sale of liquor. The persons who came in there came in for the purpose of stay ing the night. The Magistrate considered, from the evidence of the constable, that the case had been proved, and imposed the lowest fine that the Ordinance allowed, L 2 and costs. Angus M'Sae, of Bath's Hotel, was summoned for neglecting to keep a light burning before his licenced house. Mr Wilson, who appeared for him, admitted that the light was out, but said it was on the evening when the late heavy gale of wind blew, and hoped the Magistrate would take that into consideration. The, Magistrate gave defendant the benefit of the doubt, and dismissed the case with a caution. Sunday Observance Ordinance,-Bliss and Anderson were summoned for illegally exposing their goods for sale on Sunday, contrary to the Bunday Observance Ordinance. Before the hearing was gone into the Magistrate said he must have come proof that the Ordinance in question had been assented to. On a former occasion it bad been disallowed, and he must see the assent before he convicted under it. Inspector Morton applied to have the case remanded for this proof, but it was agreed to go on and hear it, the Magistrate's decision to be postponed till proof of assent was given. The constable laying the information was examined, and at the outset stated that the alleged offence was committed at twenty minute 3to one o'clock on Sunday morning. The Magistrate said that he would never strain the Act in this way, but would act on its spirit rather than its letter. It was never intended to apply in such a case as this. Inspector Morton had had his attention directed to : the fact, that an oyster saloon had been kept open on Sunday night in the same place, the Arcade, and that disorderly conduct had there taken place. The Magistrate : That is another thinp. Them' you. could have taken the offending parties up under another Act. If refreshment houses are disorderly, the Town and Country Police Ordi""«°Sr n.V'^- iinlefM Tarn mistaken. toiinb.tTifim. Mr Wilson, who appeared for the defendant, remarked that in no free country would a conviction be obtained under such circumstances or under such an Act. The Magistrate : I have my doubts as to whether it is not repugnant to British law,->and I will never strain it. I am most anxious that the Sabbath should be duly observed, but I will not outstep the law for any living man. The case was dismissed, and several others of a similar kind were similarly dealt with, George Roberts was then charged with exposing his goods (fruit) for sale-in the Arcade on Sunday afternoon. The constable proved that he saw defendant making up parcels ana taking money, but it was not shown that he had exposed his goods for sale as the information alleged, and the case was dismissed. The magistrate remarked, however, that had the informa-

tion charged defendant with dealing and trading, as might have been done, he thould have considered the evidence sufficient to support it. Offence against the Cab Obdinance.— Eugene Connor, for carrying one more passenger in his licensed conveyance than he was entitled to do, was fiied 20s and costs. Kncroachikg on a Street.—Patrick Kane was summoned for pitching his tent in King street, but on promising to move from there had the case adjourned. If he removed by Monday morning he would hear no more about it. Keeping a Licensed House Open after Hour3.—Madame Hubert, of the Cafe, was summoned for this offence, but the information being laid wrongly the case was dismissed. Impounding Damages.- John Barr was summoned for demanding excessive damages from John O'Crea on four horses. Mr Wilson for plaintiff. The defendant admitted that he had been very wrong, but said in extenuation that he had only done as other poundkeepers did, and had charged no more than other people. Mr Wilson said his client had suffered considerable loss through the conduct of defendant. Plaintiff was a carrier, and had four horses im» pounded on Tuesday evening. The sum of Li was tendered in payment of damages, but was not taken though it was in excess of the proper charge, and the horses were therefore kept idle for three days. Plaintiff was called, and said his horses had got into a garden, and Ll2 damages with L 2 fees were demanded for their release. This herefused to pay, and the horses were detained, hence the present case. There were four horses, and they would have earned LI per day each, besides which he (plaintiff) had been kept from work. Defendant said this was not the first case and the damages were not put on by him. The magistrate knew this was not the first case

by a great many, but it was the first that had come before him. Very serious consequences had arisen through neglect of poundkeepers in Victoria. The responsibilities of poundkeepers were great, and it was necessary for them to be very careful. In this case he should award L 3 damages to the plaintiff, with costs. Embezzlement. - - William Tunbridge was charged, on remand, with embezzling Ll2 3s and other moneys, the property of his employer, Alex. Pyle. Prosecutor, a shipping and Custom House agent, knew the prisoner, who had been in his employ since August, 1863. The duty of prisoner was to pass entries in the .Custom House for witness and clients, and perform the general duties of clerk in paying and receiving money, and in paying money into the Custom House to Mr Tennant. Immediately on the receipt of money for Custom House dues it was prisoner's duty to hand it over to Mr Tennant. Mr George Wilson gave a cheque to prisoner to pay duty, and the latter was authorised to receive ir. Prisoner left witness' employ on Mopday, the Ist inst., in so far as he ceased to perform his work as clerk. No other person Avas authorised to collect money for witness. Witness 'did business under the stylo of A. Pyle and Co , but he had no partner, and the Co. was mythical. Prisoner received a salary of L 3 10s per week. This was paid by cheque, and prisoner signed the block of the cheque in giving a receipt. From information received he charged prisoner with embezzlement. In the course of business he paid to Mr I'ennant, clerk in the Customs, Ll2 33 on goods belonging to Mr Wilson, an importer, of Dunedin.

The- prisoner declined to ask the prosecutor any questions.

(Jeorge Wilson, a timber merchant, knew prisoner as clearing clerk to Mr Pyle. On the 2nd of February he gave a cheque for Ll2 3s to prisoner in payment for duty on some brandy, at the same time leaving a bonded certificate. _ The cheque produced was the cheque he had Riven, and was on the Bank of New Zealand. He had

frequently paid cheques in the same way for Custom House dues. It was not necessary for

prisoner to pay the money to Mr Pyle, but he might pay it direct to the Custom House. On going to the Custom House two days afterwards, he found that the brandy for which he had given the cheque had not been cleared, though the cheque had been cashed. He informed Mr Pyle, who then sleared the brandy. Prisoner was about to say something1, when the Magistrate reminded him that what he said

would be taken down in writing, and warned him to be cautious.

In reply to prisoner, the witness said he gave the cheque on the 2nd., and the banks on that day closed at twelve, in consequence of the cricket match.

J. G. Fiddes, ledger-keeper in the Bank of New Zealand, proved that the cheque produced was 2>resented on the 2ad instant, but couid not identify the prisoner as the person who presented it. The Prosecutor, re-called, produced a book containing entries of all transactions Oone by the prisoner, but no en try "of Mr Wils«.:i's transaction appeared there. John Tennant, clerk in the customs, knew the prisoner as clerk to Mr Pyle, licensed Custom House agent. It was his (prisoner's) business to pay duties on behalf of Mr P.vle, but no sum of Ll2 3s was paid on the 2al' February. D. S. Lyall, teller in the Bank of New Zealand, could not remember the cheque particularly, nor could he tell by whom it was presented.

At the request of the police, tho prisoner was remanded for a week.