RESIDENT MAGISTRATE'S COURT, Saturday, 4th October.

Otago Witness, Issue 567, 11 October 1862, Page 4

RESIDENT MAGISTRATE'S COURT, Saturday, 4th October.

(Before A. C. Strode, Esq., R.M.)

Oiiahge ov RoBUKuy — Maiie Germain wns charged with stealing two £10 notes of the Bank of New Zealand and a, sovereign, from Jatnes Johnes, miner, in a house in Princes-street. She was committed for trial at the Supreme Court.

A TICKKT-OF-LKAVK MAN FROM VICTORIA.— Thomas Johnston, alias James Brown, was charged with being; a convict and illegally out of Victoria. Detective Tuckwell stated that he apprchonde.l the prisoner on Friday, in Jelty-street, when he said that his? name was Joseph Brown. There was information that several ticket-of-leave men had recently arrived from Melbourne. On searching the Victorian Police Gazette he found in the number of the 4th September last the name of Thomas Johnston as having been tried at Carisbrook, in September, 1830, and sentenced to five years for burglary, the description given entirely corresponding with that of the prisoner. ' He (Tuckweli) learned that the prisoner was associated with the pickpockets who were convicted on Friday, and had been stopping in the same tent with them off Staflbid-street. lie therefore went lo the place, and in a bundle of clothes, which the prisoner was said to have left there, he fluincl a ticket-of-leave, the description and marks set forth in which, exactly tallied with those of the prisoner. The magistrate said he had no doubt whatever the prisoner was Illegally at large ; and he would be remanded to Victoria, to be dealt with there.

Monday, 6th October.

Charge op Stealing a Horse* and Caiit in Viotokia.- Isaac Phillips alias Isaac Israel, wns ■ iharged with horse-steiling in Victoria. Detective fnckwell stated that he appi uhended the prisoner on Saturday evening by virtue of a warrant which he now produced. It was issued at Sandhurst by Mr L. Lachlan, a magistrate, and bore date the 22nd September. By Mr Ward — Ke knew that one horse and a set of harness had been traced to the prisoner's possession : they had been sold by him. He (Tuckwell) had been told this ; and the prisoner was pointed

out to him on Saturday evning. The description given on the warrant perfectly agreed with the prisoner. The chnrce was of stealing two horses and sets of littipss and a spring eirt.

Sub-Inspector Wehion asked that the prisoner might be remanded to Victoria.

Mr Ward objected that this coiiKl rot he done. The Act most explicitly required that wifli fin warrant in such (v case, th*ro should be trarumiltwl a copy or'flopo^irio'is or ol'tlio inf inn.-i'ioi — somet'iius to sitibty the magi&fcratc tliit there had heen a criminal act

Tho Mnsri<=t ate said tiiat the words of the Act did not admit of a doubt; there must he a copy of the information or depositions. The sooner such a loose way of doino; business was stopped the belter. Mr Weldou asked for n lvrmnd for a week. The Magistrate -With what object ! Mr WWdon — To pet over documents or witnesses. The Vi^i-ttat" sai.l tlinttliey oonld not he obtained in a, we*, and h» couLl not consent to anythins "liko a remand f. om we^k to week. He had no doubt that fie warrant had been properly issued, but that was not emu<jli. Mr Wnrl said that, the prisoner, whom he know for a lone; time in Sandhurst, was a partner with the man lie was I'hanred with robbinsr.

The Magistrate, in reply to an observation by Mr "Weldon, said that it was certain, as be had been infoimel from EnjrUnd, that owinjr to the wait of depositions or informations, Mr Bratton (for embezzling from the Union B.wk) would not have been sent back here but for an admission which he ma.le. The prisoner must, be discharged ; and ihn authorities in Victoria had belter be informed that a similar course wo ild be taken in all cases where the business was done in such n loose way.

CnißaF, of Horse-stealing. — Edward Welsh was brought up on remand, charged with horse-steil-irnr. Mr. Weldon said that the police could not find the horse, which was no doubt at tie Dunsran. The Magistrate said he could not continue to remand the prisoner, who had already been remanded three times. If evidence was not brought jn a reasonable time, an accused person had a right to hi 3 liberty. The depositions already tak^n, did not warrant n committal, and the prisoner must bo di«e!nrp;ed. Mr. Ward said that Welsh was not pom:? to leave here, and he could be found again if necessary. Tufsdat, October 7. Fighting.— Thomas Reynolds and Charles Spiers for fighting ;>n the Arcade, were severally fined 20s. and cost-!. Hoßsn-sTEALiNG. — Isaac Israel, alias Phillips, was brought up on this charge, having been arrested by Detective Tuckwell on a warrant from Victoria. He had been brousrbt upon the pieccdinsr day. but discharged. Mr. WeMou produced the warrant for thp man's ariest, and pvayci for a remand. Mr. Ward, for the prisoner, arorued that there was nothing betoie the Court. His Worship held that it was the duty of the Court to further the ends of justice as far as possible, and in bis opinion there was evidence enough before the Court to justify him in (yi-itntinfc si remand, hut he would admit the prisoner to hail, himself in £100, and two sureties in £W ea'-h. Steam. y<j a Cheque. -John Smith was brought I upon the charge of fraudulently obtaining a cheque I o? order on Messrs. Dalgetv, Hattray and Co. Mr. We'dnn pny-d for a remand for the production of a material witness. Mr. Barton, who appeared for the prisoner, objected to the remand, representing that his client w.is a barber 'it Wnikouaiti. and that bis business must suffer seriously by his continued absence. The remand was granted, but the prisoner admitted to bai'. Nntii.EiTixa Horses.— 'Robert Golden, charged witii this olronc n , did not appear. Fined 10s and costs. Julius Welken, chareed with leaving a horse and spring cart in Rat tray street, also failed to appear and was fined 10s and costs. Offkxch against tub Licensing Regulation.— P. H. Chavannes-n as charged with having hi* licensed house open alter 10 o'clock at night. Mr Wilson, npnc.ived for vh? defence, and state 1 that the door wa' not open for sale. Fined 40s and costs. The Couit then adjourned. Wednesday, Bth October. Using Threatening Language. -W. Coventry was find 10s and costs for uMng language calculated to provoke a bieirh of the ynce. Alieoud Stealing ov a Cheque.— John Smith, brought up on remand, charged with stealing a cheque for L 5 lGs from Patrick Clancy, at Waikouaiti, was discharged, there being no evidence to substantiate the accusation, Thursday, Oct. 0. Embezzlement. — Benjamin Bristow, master of the steamer Pride of the Yarra, was charge J with embezzling money, received at various times on nccount of the vessel. Mr Gillies appeared for the pioseeution, Mr Ward for the defence. William Hunter Reynolds, part owner of the Pride of the Yarra, deposed, that the prisoner was master of the vessel, and hail a salary of £18 per month It was liU duty to receive money due to the vessel, and to hand it over to Mr Greer the ship's hir-baiui. 7he accused had a quarter share in the vessel and in the net profits arising from her. Admitted that the receipt produced for Ll2O tor purchase of a quirtcrshare in the vessel was corrct. lie had never given the prisoner any authority to appropriate moneys. — Greer stated that ho was shipb-husband to the Pride f f the Yarra. His duties were to act as agent, ti receive monies collected by 'he master, to collect freights, and to pay w.i^'s and divide profit". Nasvnyth, the mpiiMer, and Bristuw, tht master of the vessel, ench held a quarter shine in her. Bristow was paid £18 a month for wage-- as master. Pro.lucod his receipts. Witness made the arrangement with 13i i-t i\v to act ns master. His duties as m lster were to navigate the vessel and t" collect all passage monies ami ft eights, and nny that he couM not collect luiuse'f witness w.ia to collect. He was to hand all mnnie* collected to witness. Produced ono of the books of the ship, showing all monies collected by the prisoner and to bo collected by witness. Remcmbeied in j M.irch last asking the prisoner sevor.il timas ti collect the mail money from tin mill a»ent at Port Chalmers for the months of February aud Mil eh. He said he would do so. The last time tii.it witness spoke to him [in April), he s-ai-l tint ho would wait until the month was out, and then obtain the mail money for thr»t month also. He sail nothing of having collected any. In Apiil he rendered an account of L 2 8». 0.1.. as received from Mr. Monson. Had received account of no other mtil money as received for the months of SI arch, April, or May. Prisoner stated that the sum of L' 2 Bs. OJ. was for the months of March aud April. Was quite positive that he said bo; and t'uit he also said there was nothing comin-r to them fir February. Hal not since received any uionej from him for the months of March or April, nor had t ! ie prisoner rendered any account of any other monies. Witness mentioned several occisions when he had counted the passengers on bo ml the vessel, and the prisoner had accounted to him for a, lei-s number. He w,»s only able to count those on deck ; and it thus happened 'thai occasionally the prisoner acco tmti (I fora larger number than witne'S had counted. Witness, had received the mail money since tre default. Could swear that the sum of L' 27s 6 1 had never been paid over by the prisoner. John Robert Monson, mail agent at Port Chalmers, . had p.tid over to the accused fur the mouth of March the bum of L' 27s (3d, mail money. Paid it ou the 4th April. On 21st May paid him L' 28s for April. Was quite certain that tin sum of L 2 8s was not for the two months of March and April.

Mr Ward submittsd that there was no case, because it was not shown that the accused w.ia properly appointed its a servant of the prosecutor, Mr Reynolds. It was not shown that Mr Reynolds had any power to make any such appointment. B rUtow was undoubtedly a partner ; and in acting as master lie was merely au active partner, while Mr Reynold* did no woik. The c.ise was a partnership dispute, and the proper course was to file a bill in equity. His Worship thought it was a case for a jury, an i the prKoner was committed for trial, but admitted to bail, himself in LBO, am! two sureties in L4O onch. Ass vi lt. — Florence Halliday v Emma French, and Floieuce Halliilny v Elizabeth Spillyard.— These two cases wet c taken together. The complaint was, that Fieneh and Spillyard had set upon Halliday in the Criterion Hotel, and that Spillyard had struck her with her hand and with a whip, while the other held her, and tore her clothes. For th«! defence, it. was urged that the complaiuant be^an the quarrel, and used very opprobrious language. A blow was admitted, but the use of the whip was denied. Elizabeth Spillyard was fined 30s and costs, and Emma French '20s and costs.

Deserting a Ship. — Alexander M'Laren pleaded guilty to the charge of deserting his ship. The Captain had no desire to press the charge, and as the man was willing to go on board, the case was dismissed.

Deserting his Wifk.— James Stewart pleaded not guilty to the charge of deserting hi« wife, Elizabeth Stewart. Elizabeth Stewart deposed that her husband had left her in Victoria in March, 1858, »nd had taken up with another woman. Her son had since supported her, and she had now come to this province and found her husband living with another woman. They had previously lived together for 18 years The defendant had given her a house and land, but she had never consented to a separation., The defendant asked for a postponement of the case. The Bench made an order for 10s a week maintenance, or L3O in cash. Dahaqinu a Strbet. — Wro. Kirby was charged •with unlawfully breaking up the surface of Albanystreet, without first obtaining the consent in writing of the Town Board. Constable Nimon proved that the defendant had sunk two holes in the street. The defendant was the contractor for forming the street, but hivl no authority to meddle with the pathways. Fined 10s and costs.

Friday, Oot. 10. Stealing Cheqves." — Daniel Latham was committed to take his trial at the present sittings of the Supreme Court, for stealing two cheques, the property oi Edward Einell.