RESIDENT MAGISTRATE'S COURT

West Coast Times, Issue 77, 30 November 1865, Page 2

RESIDENT MAGISTRATE'S COURT

Monday, Nov. 27th.

[Beforo Gr. G. FitzGehald, Esq., It.Mi]

The Drunkards List — Charles Baker, and Maurice Ford charged with the tho above 'offence, were disposed of in the usual manner.

Wife Beating. — John Gamble wns charged with having ill treated his wife. The prosecutrix stated that she wns washing with two other women' nt her own house, there were also two' men there at the time, > when her husband camo up and struck her in the face, and also maltreated tho children. Tho prisoner in defence, stated that on going home fiom his work he found two prostitutes in his house; he immediately ordered them , out railing at them for being there. He afterwards proceeded to his bedroom where ho found a man, a stronger in his bed ; drove them all out, and while doing so, his wife inter-, fered to prevent him and struck her 1 face against the door. The prisoner, who seemed a respectable man, stated ho had found tho same company there before, and whom his wife would persist in encouraging in spite of his repeated commands t to tho contrary. Tho evidence of a witn jss he called corroborated his testimony, and that of Conntablo Carr was to the effect that the women in question, wero absolutely common prostitutes. Tho prosecutrix. a repulsive looking person, was advised by his Worship to , go home and keep her house in better order. If she persisted in converting her husband's house into a brothel she must not be surprised if he raised his hand to strike her. The prisoner wns discharged. The Dog Nuisance. — Henry Deering, James Brown, ' and John Greedy, were each fined £1, or in default thereof, 48 hours imprisonment, for having in their possession dogs not duly registered. His Worship inflting (as these were first offences) tho lowest penalty the act allowed.

Daniol Malcom, charged with boing of unsound mind, was remanded for twentyfour hours, in order that he might be oxamined by a medical man.

Thos. Hall was charged with larceny of sundry goods and chattel. James Godfrey, a carrier, stated that lie was not acquainted with tho prisoner, but knew whero lie resides. He remembered the 23rd November, for on that day ono of his servants received some general loading from Hondorson and Mouatt, Wharfstreet, amongst which was one bag of bacon, weighing 109 lbs., a bag of sugar , 137 lbs., half chest tea, a bag of oatmeal, 281b5., and a quantity of moleskin" trousers. Tho goods were brought froifi ' ' Wharf-street to the house of witness, in Beach- street, and tho samo morning wero placed on another dray by his servants. About 3 a.m. tho noxt morning ho was aroused by ono of his men, wlio informed him half the loading was gone, he immediately rushed out and found tho lashing had been cut and a quantity of tho goods abstracted. The missing goods consisted of tho articles he had beforo enumerated, and wore valued at the sum of £20 16s. 3d., which as tho goods word in his charge he had to pay for. On tho afternoon of tho 24th he heard that some of the missing property had been found in a pig-stye, situated next to O'Dmcoll's timber yard, in the rear of prisoner's premises, and on proceeding to tho spot indicated found a groat crowd thoro, and a party pitting a half chest of tea down on tho sand outside the stye. He observed a hole about three*

feet deep inside it, dug iv tho sand, quite large enough to contain tho chest of tea which he identified as being positively part of tho loading stolen from his dray the previous night, and which had been removed from tho hill before mentioned. He recognised the case now produced in Court as tho same. On the evening of tho next day the prisoner requested to see him, and on his waiting upon him was asked, " what was all this bother about the goods." Almost immediately afterwards the officers camo in and arrested the prisoner who did not ask him to compromise the matter. By Mr Oakes. — Had all the goods that anived at his house from Wharf street placed in the front room ? He was positive he saw the bacon, sugar, and tea carried out again at ten o'clock.that night and placed on a dray. The loading was covered with a tarpaulin, and lashed ' down in the usual manner. Ho should not have known the prisoner had he met him previous to this occurrence. The man who first gave him notice of the robbery is named Antony Manley, and lives on the next section to the , witness ; he was in his employ and had to be away that morning early with the goods in order to save tho tide. He could not say if there was anmher house or tent on the same section nearer the pigstye than the prisoner's. It was a girl who came to bini on the Saturday night, and summoned him to the prisoner, at whose house there were when ho entered it two men, the girl, and prisoner's wife. — James Taylor, being sworn, doposed he was a carter and in the employ of Mr Sheppard, of the Miners' Arms Hotel. On Friday ' afternoon, ho was carting gravel from the sea beach into Wharf street, and noticed tho prisoner working at a pigsty in the rear of Beach street and close to a timber-yard, nailing bits of cases on the side of it. A quarter of an hour when passing by with Bhiother load, saw the prisoner in tho same place throwing sand with a shovel into the pigsty from outside, and then 4fc)lling it. Again passing the sty a fcnort time afterwards, he saw Detective Howard and another man with hinyincovering a half chest of tea that Wad been buried in it. Saw the- tea taken out of the hole. It was enclosed in a porter case. — By Mr Oakes — He travelled up and down that road every day, weather permitting, but never saw the ■prisoner working at the pigsty before. He was not acquainted with him, never having seen Mm before the Friday specified, — Mark Ryrie, a storeman in the employ of Messrs Henderson and Mouatt, deposed that he remembered marking some goods last Thursday, the 28rd inst., and giving them over to a Servant of James Godfrey. He remembered marking a half-chest of tea with the initials M.O.L. It % was the only one he had marked that day, Its gross weight was 56 lbs, He remembered being shown a halfchest of tea by the Police, the mark number and weight of which coincided with the one ho had delivered over to Godfrey's man, and which is the chest now produced in court. Detective Howard, being sworn, stated that, at about half-past five on Friday morning, the 24th inst., the witness Godfrey came and reported to him that some goods had been stolen from his dray. He (witness) proceeded at once to the spot and searched several places, as well as the residence of the prisoner. At about half-past two in the afternoon observed , prisoner working at a pigstye, situated some distance in the rear of his (the prisoner's) premises. Passed by, and went to Godfrey's for a shovel, and returned as soon as possible with one, accompanied by a man in the envployment of Godfrey. On arriving at the stye, found the prisoner had left ; told the man with him to dig in the stye, which he did, and immediately uncovered the case now produced in court. As soon as Godfrey saw it ho identified it as the one stolen from him on the previous night. Howard also stated he had examined the books at Henderson and Mouat's, and found an entry of a halfchest of tea that had been sold, the marks and weight of which correspond with the one found in the stye. On making enquires of the prisoner's wife as to who owned the stye, she answered it was theirs. By Mr Oakes " — Searched tho ("prisoner's house about six on tho morning of Friday, but found neither tea, sugar, or bacon there ; he was not very minute in his search, as the woman Avas in be'l. Searched again in the afternoon, and again a third time with the same result. He did not notice anybody with tho prisoner at the pig stye. This closing the caso for the prosecution Mr Oakes askedt he Bench if it was in favor of a committal, for if so ho should (not being then prepared with witnesses) reserve his defence. His Worship said it was a caso for a jury to decido upon, and committed tho prisoner for trial; allowing bail, himself at £200, and two sureties at £100 each, which not being forthcoming the prisoner was removed in custody.