RESIDENT MAGISTRATE'S COUKT.

West Coast Times, Issue 104, 17 January 1866, Page 3

RESIDENT MAGISTRATE'S COUKT.

Tuesday, Jan. IG. (Boforo a. <3t. FitzGerald, Esq., !R.M.) George Rilcy was charged with the larceny of

two kegs of butter, the property of Mr James Spence. From the cvidenco of Mr Spnnce, the prosecuf toY, it appeared that on January tilli, he had snipped sixty-four keg;, of butler on board tho schooner Alma, consigned to the firm of Sppnco Bios, in Melbourne, their delivery being taken by the mate, and that a day or two afterwards he, at the instigation of a constable, visited the Ounp, wlieie he fonnd two kegs of tho butter, , which lie believed to bo safo on bor.rd the Almn. Could swear to the kegs as they boro his piivato mark, which ho had painted on ono of the heads— it was the leiter S. Afterwards went down to the Alnuv an:l with the chief mate examined" the after-hold, where tho butter was stowed, and found the kegs had been disturbed, and on counting them found there were, six missing. Tho butter is worth about L 7 a keg. The kega produced in court he could 'swear to as belonging to him. * William Williamson deposed— Ho jvas chief mato of the schooner Alma, nnd remembered taking shipment of sixty four kegs of butler on Saturday, tlio Cth inst. They were all stowed away in thonfter-hold ; ho remembered tallying them down himself, and seeing ihein well stowod, and was confident the wholo sixty four were safely stowed away. A day or two after he saw the lit again, and coul.l pcrceivo no difference in their appeal anee ; but on the 11th instant, Mr Spence came on board with the intelligence tliafc Borne of the bmtoi'liad bean stolen, so accompanied by him he went down and examined the butter, and found to his astonishment it had been broken into. On counting the kegs found there were &ix missing. Witness stated the hatches, were closed every night, but not locked, 'and that he slept in tho sabin at such a disnneo from \ he after-bold as would tender it almost impossible for him to hear any other than a very loud nojse that miglit be made during tho night. Recognise tho kegs in court as part of tho»o he received on Loar.l ; lie can swear to them by the marks. Wiu. Roebuck, barman at the Phannock Hotel, lieing sworn, stated that on Wednesday night at twelve o'clock, tho prisoner ennio into tlio bar, nnd requested ho would slop out into tlio dining room, as ho wanted to bpeak Io him. ])id so, and there found another man, who stated they had aoino butter for 3ale, asking 2s por lb. for it ; but afterwards offered to sell it for Is dl, nnd, if it wr.s not Rood, iho witness might have it at his own price. Ho called Mr Wagtior in, und privately advised him to havo nothing to do with it, as ho bcliovccl it was stolp» properly. After godio further conversation, during which the men first stated they hiul found it on Iho bench, and again that they had brought it with thorn from some foreign placo, t hoy departed ; and shortly after, a policeman passing by, they gave- information of what had occurred. " Constable- Stokes deposed — that on the morning of tho 11th instant, between tho hours of three and four, he observed soinothiug moving in a right-of-way leading from Rovell slreot into Wharf street]; went nnd examined what it was, and found tho prisoner lying on two barrels of butler. Ho appeared to be dead drunk. Socing Sergeant OVDonnell pass by, asked him to help curry tho man to the watchhouso. Ho did co ; but whilst they wero taking him to the Camp ho seemed to get moro sober, and by tho timo -they arrived there, he appeared quite sober. Witness remarked this to tho Sergeant, and they both camo to tho conclusion ho was shamming, , which arousing thoir suspicions the right-of-way whero tho prisoner was first discovered wus searched, and the two kegs of butler now in court, and on which the prisoner when arrested was lying, were found there. Previous to seeing t|se prisoner there, witness had walked through the right-of-way, and was certain there was neither butter uor prisoner Ihore ihcn. The kegs were at once conveyed to t tho camp. Whilst making inquires next morning respecting the two kegs, witness walked into tho Shamrock Hotel, when Mr Wagner told him what had occurred the previous night, and on accompanying him to the court-house, picked out the prisoner from amongst several others as one of the two men who had oft'ered to sell Kirn some butter. The prisoner was arrested on the charge. '• In the afternoon of the same day the mate of the Alma came to the camp, and swore to the kegs as being part of a consignment ho had shipped on board that vessel. This closed the case against the prisoner, who was fully committed to take his trial at the present bitting.? of tho Supremo Court.