RESIDENT MAGISTRATE'S COURT.

West Coast Times, Issue 44, 14 September 1865, Page 2

RESIDENT MAGISTRATE'S COURT.

(Before G. S. Sale, Esq., R.M.) Tuesday, 12th Septembeb. John Hall, for being drunk and dis* orderly, was fined 10s or 24; hours' imprisonment. Henry Toratch pleaded guilty to a charge of stealing 30 oz gold dust, the property of Mr White, a storekeeper, residing at Maori Point, on the Greenstone. Constable Walsh deposed that, on Monday, about 12 o'clock, as he was proceeding on duty to the Greenstone, he observed the prisoner lying drunk on the track on the south side of the Teremakau. Dismounted for the purpose of seeing who he was, and whether he had any money that might be stolen from him, intending to place it in safety if he had. On searching him,, found ten one pound notes, and ten and sixpence in silver, and also felt a parcel secreted inside his shirt. A man passing by at the time assisted to carry him into Campbell's store, at the Teremakau. He was very drunk indeed. On getting him into the store he searched him thoroughly, and found a bag of gold ill the parcel before alluded to. — By the Bench : He had heard that a robbery of gold dust had been committed at Maori Point, and had been sent up by Inspector Broham to investigate ,the. affair, and he fell in with the prisoner on his way up. He did not arrest him until after he was sober and could understand him, and that he felt sure he had good reason to do so. Cautioned him as usual when he arrested him ; he, however, refused to give any account of how he became possessed of the gold. Brought him into Hokitika on Monday night. — Henry Campbell, storekeeper at the Teremakau, deposed that he knew the prisoner as his servant whom he had sent up to Maori Point, to take charge of an hotel there ; he had not eeen him from that d'.iy until he was brought by the constable drunk into his store: couldi notsay whether he had money sufficient' to buy gold from miners ; should think not as he said he was hard up when he t applied for work; a fortnight had elapsed since he eng ged him. There being no further evidence adduced, the, prisoner, who appeared in a very dejected state, was remanded for a week) to enable Mr White the supposed owner* of the gold, to appear. James Phillips was charged with aid- , ing and abetting in the above offence. Constable Walsh deposed that whilst he was conveying the prisoner. Toratch *to. Campbell's store, Phillips came up and as he was taking Toratch inside, said "I know what you are after;" after-, wards, called him out and said that he believed Thoratch was the man who robbed White's store; could give* no' reason for this assertion, but admitted he was in his company from the Greenstone junction to the Teremakau; he also admitted that he was drinking with him the previous night, and on his , (Walsh's) opening the parcel found on the first prisoner, he said on seeing tho . bag, " Ah, that's it." Walsh then considered it his duty to take him into custody, and on doing so prisoner declared he had never been to Maori Point or higher up the Greenstone than the .first crossing. The statement made by the prisoner to him was enthely voluntary. ' In court the prisoner stated that he was in business at the Greenstone and had - nothing to do with the robbery. The . Bench decided that no evidence existed against him, but in consequence of the constable's statement his appearance would be required when the former pri- . soner was again brought up. He should therefore vequire him to enter into his own recognizance 'for LSO, to appear when called upon.