RESIDENT MAGISTRATES COURT. PORT CHALMERS.

Otago Witness, Issue 747, 24 March 1866, Page 3

RESIDENT MAGISTRATES COURT. PORT CHALMERS.

(B c foje T. A. Mansford, Esq., R. JT.)

At Port Chalmers on Tuesday, Evan Owens was charged with a breach of the Customs Act, in not paying duty upon 15 ozs gold.

Mr E. F. Ward appeared for the defendant. J. It. Monson, on being sworn, said —

I am tide surveyor and Emigration Officer stationed at Port Chalmers. Oa Sunday, the 18th instant, I was engaged on board the steamer Albion, clearing her for Melbourne, when from iaformation received, I went to the defendant, and called him below, when I informed him I was an officer of Customs, and had reason to believe that he had gold about him, and that I should search him. The defendant at once pulled the bag (now produced) containing gold, out of his pocket, at the same time stating that he was prepared to pay the duty, and that he only arrived in Dunedin on Saturday night, when it was too late to pay it. I then seized the gold, and caused the defendant to be detained. The gold produced has never had duty paid on it to my knowledge. No entry for it has bsen passed.

Cross-examined by Mr Ward : The information was given me by Detective Weale.

Mr Ward having addressed the Court for the detence, called Thoma9 Owens, who, on being sworn, said: I am the brother of the defendant. We arrived in Dunedin from the Kawarau on Saturday night, at twelve o'clock. My brother brought the gold now produced with him. We went to the Red Lion in Stafford street. On the Sunday morning, about eight o'clock, we went to the Police Station to inquire if we could pay duty on gold. We were told that the goldsearching officer was on board the Albion, and that the business could be done there. We came down by the steamer Golden Age, and went on board the Albion. I

tried to find the captain, but could not;. I saw the mate, but he said he had not time to speak to me. We had not paid our passages, neither did we intend to da so if we could not pass the gold. We had not our swags on board at this time ; we got them on board shortly aiter. Comingdown from Dunedin, I beard the defendant say to a gentleman that he wanted to pay the duty on some gold, at tamesame timeproducingit. The gentleman replied that the passengers would be searched, and he could arrange it then. On board the Albion I went aft to find some one to pay the duty to. Shortly after Mr Monson came to were I and my brother were standing, and asked where our swags were. We produced them. He then asked if we had any gold. We said " yes." The Albion was not underweigh at this time, neither had the defendant or myself taken our passages. We had opportunities to come on shore, and we intended so to do if we could not pay the duty on the gold. Cross-examined by Mr Monson: I di tt not see one of the Custom's boatmen in. uniform on board the Albion.

Samuel Moor, on being sworn, said I am. a sergeant of police, stationed at Dunedin. On Sunday morning, the 18th inst., about ten o'clock, the *ast witness and defendant came to the police-station and inquired if they could pay duty on gold. They said they had fifteen ounces. I told them they had better see the Custom House officer. They then stated that they came into town late on Saturday night, and the Customs were closed. I told them they might find the Custom House officer on the jetty. If they went on board they were liable.

In summing up, the Resident Magistrate said there seems to be a great amouat of hardship in this case. The evidence given by the last witness— that if they went on. board, they would be liable — pnt another view on the case than that he had preconceived. There was, however, to be remembered that the defendant arrived late on Saturday night, and had tried to get the duty paid on the gold, but failing went on board the Albion. Under the cii cumstances, there was nothing left but* according to the Customs Act, to inflict a penalty of LIOO and forfeit the gold. Ha would, however, receive an application and forward it to the proper quarter for remission of the fine and to return the gold. An application was at once presented to the Resident Magistrate, which will be duly forwarded to Wellington.