Resident Magistrate's Court.

Taranaki Herald, Volume XIII, Issue 632, 10 September 1864, Page 3

Resident Magistrate's Court.

Tuesday, September 6,

[Before Josiah Flight, Esq., R.M., and G. Outfield, Esq., J.P.] FELONY.

George Rankin, William Brown, Henry Mackintosh, and James Williams, military settlers, were charged^ with stealing a hogshead of beer of the value of £10, from F. H. Clements, canteen keeper at Poutoko, on the 2nd inst. The prisoners were committed to take their trial at the next criminal sittings of the Supreme Court at New Plymouth. [We, are unable to give the evidence in the above case as will be seen from the following letter.]

To the Editor of the taranaki herald.

Sir— l feel it my duty to represent to you that on presenting myself this morning at the Resident Magistrate's Court, in tho capacity of reporter for your journal, I was informed by the constable stationed at the door of tho Magistrate's rooir that be had ordere not to admit me or any one eke. I was aware that a case was being proceeded with in which four men were charged with stealing, or being accessories to the stealing, of a- cask of beer rom the canteon at Poutoko, and I accordingly

addressed a respe*ctful note .to* Mr. Willcocks, the Clerk of the Court, asking permission to bo present at the investigation as Reporter for the Hci aid. Mr. Willcocks came out, and in a most gentlemanly way informed me that it was merely a pi diminary examination, and " the Bench " considered it their duty (not from discourtesy) to exclude even the reporter for the press. I awaited within the preoincts of the Court during the investigation, which occupied about four hours (during which time I believe fivo witnesses were examined), aud then on enquiry, to my astonishment, I was informed by Mr. Willcocks that the prisoners had been committed to take their trial at the next sitting of the Supreme Court to be held in this Province, and that he would furnisji me with their names, and as much information as " the Bench " coalJ allow, in time for Saturdays' is3uo of tho Herald. It is unnecessary for me to make any commont on the matter. 1 havo simply stated the facts, the rest is with you and the public. I must, however, remark, that such a case 1 never met with or even heard of before, as the reporters tor the Press or the public being excluded from a Police Court, though I havo been 23 years connected with the press of tho Australian colonies and New Zealand. I am, &c, Thomas Hinigan. New Plymouth, September 6.

Wednesday, Sept. 7. [Before J. Flight, Esq.. R.M.] DRUNKARDS. Joseph Cartwright, military settler, pleaded guilty of this ofience, and was ordered to pay the . fine of 03. and costs, in all 10s., or bo imprisono'd 48 hours. James YoUng, military settler, pleaded guilty to a similar charge, and being his second oifenco, within 14 days, was ordered to pay a fine of 10s. and costs, in all 155., or be imprisoned for 48 hours. Nicholas Smyth, military suttler, pleaded guilty rto being- drunk and disorderly, and was ordered to pay a fine of 10s. and costs, in all 155., or be imprisoned i'or 48 hours. DRUNK AND DISORDERLY. Walton Salkeld, lance-corporal military settlers, on being charged with the' above offence, pleaded not guilty. i Constable Duffin and Sergeant Dunn both stated on oath that the prisoner was drunk and disorderly. On tho other hand, tho prisoner distinctly affirmed that he was perfectly sober, and on duty at th 6 time of his arrest j that his temper was excited in seeing another military settler who was drank being roughly handled by the constables ; and that if the opportunity was given to him he would be able to prove by the captain of his company, who had sent him on duty just before his arrest occurred, as well as other parties whom he could call, that ho was sober. The Resident Magistrate said that every man brought before him should receive fair play ; he would therefore give the prisoner an opportunity of clearing his character by adjourning the case until the evidence of Capt. Messeuger could be obtained, THREATENING LANGUAGE. Michael Clarke, a military settler, was charged on the information of Clement Ford, also a military settler, with using abusive and threatening language towards the informant in the streots of New Plymouth on the 6th inst. It appeared that an illfeeling had existed between the parties for some time, but as the defendant could not by evidenco contravert the sworn information, he was ordered to be bound over himself in £20, and two sureties of £10 each to ensure his future good conduct. petty larceny. Daniel M'Carthy, a private of the 70th Regt., was charged with stealing a flanuel shirt, of the value of 10s.. the property of Frances M'Mann, and on a second count, with, stealing a 'towol of tho value of Is. 6d., the proporty of Johanna Giles. Francis M'Mann deposed that he was a boatman in the Harbour Department j the shirt produced was his property ; could not swear that prisoner stole it; he gave it to be washed; did not see it again till with Sergt. Phelan. Sergt. Phelan, 70th Regt., deposed that on calling the roll at 9 p.m. on the 2nd inst., 6aw-prisoneY with the shirt and towel produced looso and very wet ; asked him where he got them ; prsoner said they were rags for cleaning his gun ; took them from him and confined him in the guard-room iba drunkenness ; tho following morning saw M'Mann, who on soeing the shirt identified it as his property. The prisoner on being asked what he had to say in his defence, stated that in going home from the Marsland Hotel on the evening of the 2nd instant, he struck his toe against a small bundle ; it was so dark he could not tell what it was ; took it into the house to keep till daylight, thinking it belonged to some of the other men ; shortly after he was confined for being 1 drunk and absent.

The Resident Magistrate considering this charge sustained, proceeded to the second, that of stealing a towel.

Johanna Giles identified the article as her property ; and Acting Sergeant Phelan, having been again examined as to the finding of it on the prisoners, the Court found the prisoner guilty of this charge also.

Sentenced to two months' imprisonment with hard labour on each charge, tho one sentence to run concurrent with the other.

Thursday, September 8. [Before J. Flight, Esq., R.M.] INSUBORDINATE SEAMEN, Archibald Dyke, seaman of the schooner Zephyr, was charged on the information of Alexander Imlay, the master of the vessel, with refusing to obey his lawful orders, using abusive language, and continual insubordination on the voyage from Havelock to New Plymouth, also with neglecting his watch on the night of the 6th instant, the vessel lying at anchor in the roadstead of New Plymouth. Another information charged the prisoner with having committed an assault on' the mate of the vessel on the morning of the 7th instant, when spoken to about the neglect of his watch on deck. The first charge was fully proved by the evidence of the master and mate, as well as from entries in the log, but as it appeared the-law had not been complied with which requires 'the latter to be read over to the parties againßt whom the same is made, the Magistrate took a lpnient view of the case, and in giving judgment considered only what had occurred since the vessel had arrived in the roadstead of New Plymouth." ~' i:i '-'''■ Sentenced on this charge to four weeks'imprisonment with hard labor. .

sonment with hard labor. . The second charge, of assault on the mate, beiing also fully proved, the prisoner was sentenoed'Tor tbis to twelve weeks imprisonment, with hard labor, to run concurrent with the former sentence, , Alexander M'Farlane, another seaman of the schooner Zephyr, was charged on the information of Alexander Imlay, the master, with disobedience of orders, and using abusivo language at different times, on the trip from Havelock, and in the roadstead of New Plymouth. As in a former case, the entries in the log had not been read over to the prisoner, the charge therefore was confined to what had occurred since the arrival of the vessel. The evidence of the master and mate went to prove clearly the charge, and from a statement made by the prisoner it was evident that an ill feeling existed between him and the captain, and that he wanted to get clear of his engagement which was for six months from May last. Captain Croucher, of the schooner Bee, who was called on by the prisoner for character, stated that he had served with him for six months prior to his shipping in the Zephyr ; that he was a good able seaman, and a man of civility ; that he had paid him 30s. per month more than other men, and that he could say nothing but what was favorable of him. The Magistrate, taking this into consideration, sentenced the prisoner to seven days' imprisonment. CIVIL CASES. Gledhill v. Manners. Debt, £22 2s. sd. Judgment by default for full amount and costs. Bartlett v. Cowan, Debt, £l 18s. Judgment for full amount and costs. One month allowed for payment. Aaronson v. Clayton. Debt, £6. No appearante, service not baying been made of summons.

Friday, September 9. [Before J. Flight, Esq., R.M.] LARCENY. Charles Coroner, private 70th Regimont, was charged, ton the information of .Thomas Dare, with stealing from his premises, the Commercial Hotel, on the 7th instant, onu case of old torn. Remanded till Saturday (this day) at 10, a.m.