RESIDENT MAGISTRATE'S COURT.

Otago Daily Times, Issue 1049, 1 May 1865, Page 5

RESIDENT MAGISTRATE'S COURT.

Thursday, April 27. (Before A. C. Strode, Esq., K.M.) DnuNKENNF.ss.—Cornelius Hegan vas fn-ju 20s, or forty-eight hours' imprisonment, for having been drunk. Thrkatexixg Language. — Thomas Harrison was charged, on the information of his wife, Agnes Harrison, with having n^ed threatening language to her. The complainant did not appear, and the defendant was discharged. STKALING A WATCH AND CHAIN. Andrew Stevens was charged on the information of William Nelson, with stealing a silver watch and gold chain from the Ship Hotel, Maclaggan street, on the 26th inst. The following evidence was taken : — William Nelson: lam part proprietor of the Ship Hotel in Maclaggan street. Yesterday morning, I left my watch and chain hanging on a nail in my bedroom at seven o'clock, an;l I missed it about eight o'clock. I went to the detective office and gave information. I identify the watch and chain now shown me as ray property. I do not recollect ever having seen tho prisoner before. John Jenkins: lam barman at the Parkside Hotel, Caversham Road. I know the prisoner by having seen him yesterday about haif-past two o'clock, in the bar of our hotel. He asked me if I could give him credit for two drinks, which I refused to do. He said he would have plenty of money in a few minutes, as he had sent a person to the Bank to cash a cheque for L 22. About half-past three o'clock the same afternoon, I saw the prisoner upstairs in the passage leading to the bedrooms, and I noticed that he had a watch and chain. I said to him that he owed me money for six drinks, and as I believed him to be a loafer, I demanded his watch and chain as security. He handed to me the watch and chain produced, which I afterwarJs gave to Constable Carter. Mounted Constable Carter : About five o'clock last evening, the last witness sent for me with regard to another matter, but he then showed me this watch and chain. I arrested the prisoner on a charge of obtaining money under false pretences, and I charged him with stealing the watch and chain. He said the watch and chain were bis own, but that he had given them to ALSO, PLATED WARE,

Jenkins for drinks he owed. He asked me io let him oft, and keep the watch, as it would square all. This was all the evidence in this case, and ihe Magistrate was about to commit the prisoner, when Mr Sub-Inspector Morton said there were several other charges against the prisoner, and he asked for a remand, in order that these cases might be heard before the prisoner was committed. The prisoner was remanded till Tuesday next. OBTAINING MONEY BY TAISE PRETENCES. Thomas Byron and Andrew Stevens were charged on the information of Louis Court with obtaining from him L 2 of the monies ofE. C. Bird, by means of a value- j less cheque, with intent to defraud him of the same. Louis Court: lam manager for Mr Bird, of the Provincial Hotel. On the afternoon of Tuesday last I saw both the prisoners at the Provincial Hotel. Byron asked me to cash a cheque for him. The cheque now produced is the same, and is for L 2. I gave Byron cash for it, and as he gave it to me he said, "Be quick now, for lam too late for the Bank." The signature on the cheque is "Andrew Stevens. 1' It was paid into the Union Bank yesterday morning to the credit of Mr Bird, and was returned to me in the afternoon with the answer " no account." Erne3t Chapman : I am exchange clerk at the Union Bank. Yesterday I presented the cheque now shown me at the Bank of New South Wales, and it was returned with the answer written on the back, "no account." This cheque had been paid into the Union Bank to the account of Mr C. E. Bird, of the Provincial Hotel. James G. Crichton : I am ledger clerk in tfte Bank of New South Wales. The cheque now shown me was presented to me yesterday for payment by the Union Bank. No person of the name of "Andrew Stevens" has an account at our Bank. I can say, to the best of my belief, that there has been no account in that name at our bank for the lasC fifteen months. I marked the cheque " no account." Constable Hanlin: I arrested the prisoner Byron, last night, about twelve o'clock, in a small cottage in Frederick street. On searching him I found the cheque produced. It is a cheque on the Bank of New South Wah« for £6 10i, purporting to be signed by " Andrew Stevens," aud drawn in favor of Mr Byron or Bearer. Cross-examined by Byron : You gave me the cheque voluntarily, when I told you to give up anything you had on you. Constable Carter: I arrested the prisoner Stevens, at the Parkside Hotel, yesterday afternoon, on a charge of attempting to obtain money under false pretence?. On searching him in the Dunedin lock-up, I found four cheques, some of them partly filled in, one of them bears the signature " Andrew Stevens." Before I arrested the prisoner in the hotel he was in the lobby, and I heard him ask the barman Jenkins to cash a cheque for him. Jenkins took it and brought it to me. The ink was not then dry. It is a cheque on the Bank of New South Wales, signed " Andrew Stevens," and I arrested him on the charge of attempting to obtain money under false pretences. He then stated to me that he was ledger-keeper at the Bank of New South Wales. Mr Weale here asked for a remand, in order to procure further evidence, more especially against the prisoner Byron, in order to show that he had been acting in concert with the other prisoner for some time past in attempting to pass off valueless cheques. The prisoners were remanded on this charge until Saturday morning. STEALING A WATCH. Richard Young was charged on remand with stealing a silver watch of the value of £8, the property of David Thompson, at Waihola. David Thompson: I am owner of a travelling steam threshing machine, now working in the Tokomariro district. About the 18th of last March I was working at Mr Falconer's farm at Waihola. I then lost a silver hunting watch, which was stolen from my vest pocket, which was lying near the machine. The watcti now shown me is the watch I lost. I never sold that watch nor authorised anyone to take it away. I value it at LS. Alexander Davis : I am a licensed pawnbroker in Princes street, Dunedin. Oa | the Bth of this month, a woman calling herself Mrs Ryan, came to my shop and asked to pledge the watch now shown me. 1 gave her 30s on it, and afterwards gave it to detective Farrell. I saw that woman in the company of the prisoner this morning outside the Court. Detective Farrell then asked the prisoner if that woman was his wife, and he said she was. Detective J. Farrell: On the 13th inst., the watch now produced was handed to me by Mr Davis, the last witness. From information I afterwards received, I arrested the prisoner on a charge of stealing the watch. Ou my arresting him the prisoner said he bought the watch from a man for L 4, but that there was no person present when he did so, and that he had no receipt. He also said that the man who sold him the watch had gone to the Weat Coast. This morning prisoner admitted that the woman calling herelf Mrs Ryan was his wife. I asked prisoner if he authorised his wife to pawn the watch, and he said he did. The prisoner, having been cautioned in the usual way, said he would reserve his defence. He was then committed to take his trial at the next Criminal Sessions of the Supreme Court. Charges usbeb the Pouce okmnan'ck. —Mary Ann Dennecher was charged with neglecting to keep clean the chimney of her house, in Stafford street, so that from the foulness thereof it took fire. She was Sned 5s and costs. James Adams was charged on the information of the Inspector of Nuisances, with removing a portion of the surface of the footpath in George street, without permission of the local authorities. The defendant stated that he had gone to the Town Board offices to obtain permission, but they were locked up. In consequence of the present Town Board diffiCAMP OVENS, &c,

culty, the defendant was only nned one shilling and costs. Wallace and Co. were charged with neglecting to erect a fence around building materials in Princes street, on the 24th instant. They were fined 5s and costs. —Robert Crawford was charged with casting filth on Moray Place. The defendant was in the employ of the late Town Board, and he pleaded that he had been ordered by his overseer to deposit the sweepings of the streets at the spot indicated. He was fined 5s and costs.—David M'Leash was fined 10s and costs for casting filth on Albany street. —George Greenfield was charged with draining filthy water upon Duncan street. As this case was disputed, it was adjourned to Saturday morning for the production of witnesses.— Samuel Elliot was charged with neglecting to clean his premises in Forth street, and was fined 10s and costs. —John Guest, for a similar offence in Forth street, was fined 15s and. costs. —George Sutton was charged with a similar offence in Great King street, and was fined 5s and costs. Friday, 28th April. (Before A. C Strode, Esq., R.M.) Drunkards.—James Glen, Kate Brown, Charles Harrison, and Jane M'Beth, charged with being drunk, were each fined 203 or 48 hours' imprisonment. CIVIL CASKS. 11. Yecnd, junr. v. James M'Kenzie.— Claim of £23, reduced to £20, for balance of account due on an agreement entered into between the parties, whereby the plaintiff wa3 to train and ride the defendant's horses at the late Dunedin races. The defendant paid into court Xl 3 Gs, and pleaded not indebted as to the remainder of the claim, on the ground that the time for which the plaintiff charged wages was over-estimated, and the plaintiff was not entitled to receive payment for the Trotting Race as he did not ride it, and the | defendant had a perfect right to engage any person to ride this race, as it did not come within the agreement, which included only races coming within the meaning of racing rules. Although the plaintiff did not ride the defendant's horses in the Metropolitan Handicap and District Handicap, he was credited in the account as if he had done so. Judgment for the plaintiff in the amount paid into Court — the plaintiff to pay costs. Graham and Rosenthal, as Trustees in the Estate of Edwin Jones v John Daniels.—Claim of £20 Is for moneyrealised on a quantity of goods sold by auction. The defendant paid into Court £4 12s 6d, and pleaded a set ofl for commission and charges for the remainder of the claim. It appeared from the evidence that the plaintiffs agreed to send the goods belonging to the estate on which they were trustees, to the defendant's auction room. The heavy goods, such a3 clocks, cases, counters and fittings were sent to the auction room, but the best and most valuable portion of the goods were retained by the plaintiffs and sold privately. The defendant stated that he complained of this proceeding, as it was likely to damage tne sale. The plaintifF Rosenthal then said to him,, "it will make no difference to you, for you will get your commission all the same." In consequence of this promise the defendant charged commission at the rate of 5 per cent, on all the goods sold privately by the plaintiff*. The plaintifF Rosenthal distinctly denied that he ever made the promise attributed to him by the defendant. There never was a promise made that defendant should have the sale of the whole of the good* in the estate; but the conversation which took place referred to the goods sent to the auction room, on which Rosenthal agreed to allow defendant 5 percent, commission and had no reference to the goods retained for private sale. The Magistrate wa3 of opinion that the original intention of the plaintiffs was to give the defendant the sale of the whole of the goods in the estate. But there appeared to have been a misunderstanding afterwards He was of opinion that the defendant was not entitled to the full commission for the goods sold privately by the plaintiffs, as he expended no labor on the goods. lie was inclined to thiuk that the defendant would be fully paid by allowing him 2} per cent, on the whole amount realised by the goods. Judgment for the plaintiff*, £11 93 Gd, including the Hum paid into Court. Duncan and Young v. George Renwick, Claim of £8 Os 3d for goods supplied. The debt was admitted, but time was asked to pay. Judgment by consent for the plain .iff, with costs. James Cshill v. William Devoy.— Cla' a of £2 10s for cash lent in sundry small sums while the parties were playing billiards together on the 23rd January last. The defendant admitted having received some cash, but he could not tell the annunt, as be was under the influence of liquor when he received it, but a few days afterwards he paid the pkintifF all he owed him. It appeared that the money had been lent partly for the payment of bets on the game. The Magistrate said this was a gambling debt, and was void in law. Case dismissed. Judgments by def?iult were given for the plaintiffs in the following cases :—Duncan and Young v. Henry Reeves, L 4 13i; same v. James Stenhouse, L 3 6s; Same v. James Young, JAG 8s lOd; W. Somerville v. Andrew Reid, Lll 14s. The following cases were dismissed in consequence of tbe non-appearance of the parties:— Roach v. Waters, Roach v. M. Jones, Yates v. Dickson. Saturday, 29th April. (Before A. C. Strode, Esq, R.M.) Drunk ani>. Disorderly. — William Nathan, John Harris, and Henry Beesy, were charged with being drunk, and were each fined 20s and costs. A charge of indecency was dismissed. There was a charge on the sheet against Henry Jones, with wilfully damaging a door, the property of Catherine Higgins, but as tbe complainant did not appear, the defendant was discharged. A Nuisance. —The adjourned case was .taken up against George Greenfield for draining filthy water on to Duncan street. A witness was called who corroborated the Inspector's statement. Defendant was fined 10s and costs. Obtaining Money by Faxsb PbeAT THE ROOMS,

tesces. —Andre* Stevens aud Thomas Byron were charged on remand with unlawfully, and knowingly, and by means of false pretences, obtaining £2 from Loais Court, of the monies of C. E. Bird, with intent to defraud him of the same. The following additional evidence was taken:— Edward Ashington: I am barman at the Royal George Hotel- I saw both the prisoners at the hotel about three o'clock on last Tuesday afternoon. Stevens asked me for a blank cheque, which I gave him. He attempted to fill it up, but spoiled it and tore it up. I gave Stevens a second blank cheque, which he gave to Byron, who filled up the body of the cheque. I saw that it was for £i. Byron then handed this cheque to Stevens, who signed it. The cheque produced is the same. Byron handed the cheque to me while he and Stevens played a game at billiards. Subsequently Stevens asked me to take this cheque to Mr Towers to get it cashed. I refused to do so, and gave the cheque back to Byron. They did not pay for the game, and prisoner Stevens said he had no money. Shortly afterwards they both left the hotel. Stevens saying that they would go to some place to get the cheque cashed. Cross-examined by Byron—You first won Ll from Stevens, and then filled up a cheque for L 2, and offered to play you double or quits. You told me that Stevens was a thorough stranger to you, and that you had your suspicions of him. I heard you say to Stevens, " If your cheque is so good, you had better tear it up." Stevens said he belonged to some bank, and I heard him ask you to go up to town to cash the cheque. On the followine morning you shewed me a cheque you had got from Stevens for L 6 10s, and remarked that you did not think any Bank would recognise such a signature. Re-examined —I now rscollect that I saw Stevens alone in one of the lobbies of the hotel, before I saw him in company with Byron playing billiards. "William Towers: I am proprietor of the Royal George Hotel, George street. I remember seeing both prisoners at my hotel on Tuesday afternoon. Byron asked me to cash a cheque for him for L 2, at the same time showing me the cheque now produced. I refused to cash it as I did not know the signature. He j said that the cheque was all right, that i the man who signed it was in the billiard room, and he had said that it I saw him I would know him. I went round in about a quarter of an hour and they were both then coming out at the billiard room door. I did not know Stevens when I saw him. Byron said to Stevens, " This is Mr Towers," whereupon Stevens said "You know me, Mr Towers; I am teller :'t the Commercial Bank, in Manse street. Will you cash my cheque ?'' 1 said I \vould not, and he said to Byron " Come on, we'll go to town and get it cashed." 1 did not sec Stevens again until now, but that same night between eleven and twelve o'clock Byron came to the bar aud said that he had got the cheque cashed, but had spent the money in driving Stevens to Port Chalmers in a buggy. lie also said he thought Stevens was all right, and that he (Byron) had got another, cheque for LG 10s from him. He produced the cheque now shown me, and asked me to cash it, but I refused to do so. James M'Guire : I am proprietor of the Imperial Hotel, Princes street. On Tuesday last I saw the prisoners in trie stable yard at the hotel. Some' time after dark I saw them again, and in consequence of something that was said to me I asked them to pay for a whip which they had lost, and for which I charged them £1. Byron at first refused to pay, but afterwards they agreed to do so. Stevens then asked for a blank cheque, which the barman gave him. Stevens filled in the cheque produced, signed it, and gave it tome in payment for the whip. The cheque was sent to the bank, and returned with the words " No account" written on the back. James Middleton; I am proprietor of the White Horse Hotel. On the evening of Tuesday last the prisoners pulled up in a buggy at my door. They came into the hotel, and Byron askeil me for a blank cheque on the Bank of New South Wale?. I gave him one, which was destroyed in filling in. I gave them a second cheque, and I filled in the body of it at Byron's request for £(S 103. I snw it signed by Stevens. They did not ask me to cash it, but Byron put it in his pocket. Christina M'Leod : I am barmaid at the billiard bar of the Criterion Hotel. On the evening of Tuesday last, about ei^ht o'clock Byron came to the bar and asked me to cash a cheque for him to the amount of LC 10s. The cheque now ahown me is the same. I refused to cash the cheque as the mistress was not in, but he insisted on my doing so, siying that it was all right; that he lived at the hotel and wished it cashed. I gave him a few drinks, and he said he would get the cheque cashed and pay for them. He was in the bar when Mr Cooper came in, and I then left the bar. Frederick Cooper : I am lessee of the billiard bar of the Criterion Hotel. A few minutes before nine o'clock on Tuesday evening last I saw Byron in the bar. He said to me he wished a cheque cashed. I told him to clear out, cheque and all. He threw the cheque towards me, an'! I threw it back without looking at it. He used abusive language to me, and I then took hold of him and put him outside. Job "Wain: lam proprietor of Moir's Hotel in Manse street. On Tuesday last about eight o'clock, Byron came to the hotel. He put his fingers into his vest pocket, pulled out a piece ol" paper, threw it across the counter, and said, " Wain, will you cash that for me." I looked at it, and I believe the cheque produced to be the same. He said the cheque was all right, but as I did not like the signature on the cheque, I refused to cash it. He said that Mr Towers's barman wrote the cheque, but I said he had better clear out, both him and his cheque, as I would have nothing to do with it. Constable Hanlin, recalled: When I arrested Byron, and had taken him to the watch house, I asked him if he had any money on him. He said he had not, but that he had a cheque which he got from the man who wrote it, to keep him out of OF * AND^ESS,

trouble, but he knew that it was no good. The prisoners were committed to take their trial before the next criminal sessions of the Supreme Court on this charge; and the prisoner Stevens was further committed on a charge of stealing a watch and chain from the Ship Hotel ?n Maclaggan street.