RESIDENT MAGISTRATE'S COURT.

Otago Witness, Issue 586, 21 February 1863, Page 5

RESIDENT MAGISTRATE'S COURT.

(Before A. Chetham Strode, Esq. R.M.) Tuesday, February 17th. Having Possession op Stolen Property.— Jacob Zimnier, charged with having stolen plate and other nroperty in his possession, wa-, on the application of Detective Beekley, remanded ior three days. Charge against a Sailor —Henry Burpe^s, a seaman, was charged by John Roberts, master of the brigantine Swordfioh, with having, on Sunday, been guilty ot wilful disobedience of lawful commands. The mate stated that on Sunday evening, the prisoner refused to go aft when the hands were called to attend to some of the catlle in the hold ; and subsequeucly, on being told to take his watch over the cattle, he replied that he would not, and that " the bullocks might be " The Prisoner, in his defence, said that the mate was in his bunk when it was hi* watch ; that he (the prisoner) went aft to the winch when the hands were called, as bis shipmates were ready to testify ; that he was himself ordered to keep watch when the mate knew that it was not his turn for that duty, and that that order was given because he interfered when the mute was severely punching one of the bullocks. The Captain (who was on shore at the time of the occurrence) said that the prisoner had been very muck dissatisfied of late withoutcau.se; except that, there being a good deal of money owing to him, he wanted to get bis discharge. The piisoner was sent to gaol for two days, to be kept to hard labour, and the Magistrate ordered that he should be put on noaid before the ship sailed on Thursday, and should forfeit four days pay. Wednesday, February 18th. A Ferocious Assault.— Heury Fox, a bricklayer's laborer, was charged with assaulting Louis Falconet, by striking him on the head with a shovel. Fox was employed by Falconet, who is a bricklayer. On Friday last they had some woids about wage«, Fox claiming what "was due to him, as he wanted to go to Victoria, and Falconet replying that he could not pay until next morning, Saturday being the payday. Fox's story was that Falconet afterwards took out some money, showed it to him tauntingly, and then struck him, all of which Falconet denied. But it was proved that Fox snatched up a shovel, rushed at Falconet, and struck him on the head with it twice, a third blow being warded off, and Falconet's hand being badly cut in so doing. Fox then took up stones, threw them at Falconet, and then ran off, Falconet following until he became faint from loss of blood, from two severe cuts on the forehead. His head was still bandaged. The Magistrate said that the assault was so ferocious that it might easily have caused death, and then the prisoner would huve stood in a very different position. He almost inclined to commit the prisoner for trial at the Supreme Court ; and certainly he would only being doinsjustice by sending him to gaol for two months, tkere to be kept at hard labor. Thursday, February 19th. An Illicit Still.— John O'Connor and J. A. M'Carthy were charged, on the information of Charles Logic, Collector of Customs, with having on the 17th instant, on premises in the North East Valley, had, kept, and us-ed, &c, a still, contrary to the 2nd Section oi the Distillation Prohibition Ordinance. Mr lloworth appeared for the prosecution, and Mr James Prendergast for the defendants. John Burrows, landing waiter, stated that in consequence of information, he went on Tuesday evening, with Sergeant Cumm and Constable Ryan to a bouse iv the North East Valley. He there saw both the defendants. M'Uarthy opened the door, but O'Conuorwas in bed. The house comprised two apartments and a loft. Constable Ryan went into tbe back apartments, and called to him to come. They discovered a lot of casks containing wort in a state of fermentation, together with the boiler now in court. There were a' so several bags of sugar, and some liquid in a cask, which had a strong spirituous tast°. In the middle of the floor, there was a well about Bfc deep_ ; and from it tlieve was a pipe leading to a drain outside. In the front apartment there were 23 bags of sugar. The boiler was really a still without the head. There was a hearth under it, and from thence a pipe (produced) was carried along to the chimney of the house, so as to convey all the siaoke thither. The pipe had all the appearance of smoke Inning passed through it. Other evidence having been taken —

Mr Strode said that, Irom the evidence, he was undoubtedly of opinion t'aat the case had been fully proved. There could not be ash idow of doubt that the large utensil before the Court was a still — a utensil for distilling spirits, in the true sense and meaning of the Act. Such being his opinion, lie should fine the defendants £100 each and costs.

Some evidence was taken as to the ability of the defendants to pay the fine ; and Mr Strode then said that, as it had not been shown to his satisfaction that they had sufficient goods and chattels to satisfy warrants, if issued, fie bhould order them to be imprisoned two months and kept at hard labor, unless the fine was meanwhile paid.