RESIDENT MAGISTRATE'S COURT.

West Coast Times, Issue 113, 27 January 1866, Page 3

RESIDENT MAGISTRATE' S COURT.

Fin day, Jan. 2(5. (Before 0. Ch FitzOonild, Esq., RM.) Charles Eaker, brought up on remand for being drunk and incapable, was, on. lho recommendation of Dr -Hermit, who aflirmed he was still in v penii-delirious etalo from tho effects of liquor, left to tho caro of tho police until Monday next. John Malhern, on a charge of lunacy, wan also remanded for two days. Peter IJinnon and "William Milbourne, lor being drunk and incapable, woro severally fined 10s or twenty-four hours imprisonment. John Koid was charged with using threatening language to John M'Gorman, calculated lo provoke a breach of tho ponce. John M'Gorman deposed, ho was in bodily fear of his lifo through tho threats nuido use of by the prisoner, and which were heard b}' David Hponce, his mate. David Spcnco staled that the prihomr had threatened to go up to Iho prosecutor's houso and give him something to como J lo court with. Prisoner do. hired ho had no conversation whalover with the last witness, and that Iho whole chtirgo was falso. Spcnco however staled thero was another man with him at Iho lime, named Daniel iSing, who was a resident on the Woodstock diggings, and would give evidence if called on to do so. U'or Iho production of .his man tho cuso was adjourned until to-day nt 11 o'clock. John Clark and William UillctL were charged with having stolen a cheque at the Toremakaii, Iho propei ty of Eilwiud Kit-win. — -Edward Kirwin, being sworn, deposed that ho was a storekeeper at. Iho Tercniaknu, and that on last Sunday, whilst in his Ktorc, the two prisoners came in during tho afternoon. William Gillott presented him a cheque, requesting it might he di.slicd, ub the sumo time telling him to retain ten shillings out of tho amount, tho value of goods s.old to him. The chequo was drawn for hi Is, in favor of W. Gillt-tl, signed by Mr Edwin Wake. Witnws cashed the cheque as requested, giving a L 5 note and some other money in change for it Neither of the accused mentioned whero they obtained tho cheque Witness, ou receiving it-, put it into his trousers' pocket, and then changed- another che.jue for Chirk ; but on feeling in his pockot for the first, in order to put them both together, he found to his mnpiise that it was gone. It was about fifteen minutes fiom tho time he put

| it iv hiti pocket to tho iitno ho missed it. Ho told the piKoner.i ho had 10.-.l the chit|iio, Thoro woro several other men in tho storo at the lime. Gillelt then proposed ovoryono in tho store should bo searched. Jloth tbo prisoners turned their pockets inside out to show they bad it not. "Witness, howovor, told (Item he did not suspect them, but that having gono outside for 11 minute or two it might have fallen out of his pocket ; ho also said that ho should go and s ( .op Iho payment. On Monday morning, the 22ud, ho wont down to Mr. Groville's accommodation bouse anel received certain information that tho 'cheque had been already presented and cashed. Ho remained at Grovillo's that day and night, and on tho following morning, at l»vo o'clock, Iho prisoner Clark came in, and on woing him, said ho was very sorry about tbo affair of tho cheque, and much regretted having anything to do with it, but that ho wns so drunk at tho time ho did not know what ho was doing. Jfo said if he could only got over tho Taipo to see his mate they would settle it and return Iho money. Ho then wont away. Witness stopped nt Grcvillo's until about nine o'clock, when the sergeant of police called at the house, and questioned him about tho cheque, which questions ho replied to. Witness) recognised a chequo handed to him ns being (ho one alluded to. Ho was quilo certain ho did not give • the cheque away. James {Drown, being sworn, deposed he was a boatman on the Taipo river, but dining tho morning he ivetcl as barman for Mr Grovillo. On the night of Sunday, the 21st, ho was in the bar, and remembers the two prisoners coming in, when Gillett called fov two drinks, which were served them. Thoro wns no < one else in Iho bar at tho limo. Tho two prisoners then consulted together, and called for a bottle of brandy, but took whiskey instead, iw there was none of the former in the house. Gillctt^ then tcndo:ed a torn cheque in paymont : witness remarked upon its appearance, as it \vos_ torn so much, but being assured it wos nil right ho took it lo Mr Grovillo, who cashed it. NVitnes'i received tbo cbange, and banded it Gillelt. Amongst this change lliorc was another chequo for a fmtall amount, which Clark objected, to accept, demanding that all should bo ready cash. Witness asked him what ho had to, do with it, as it belonged lo tho other, upon which Clark said the money was his, and tlio. other prisoner then pushed the money over to him. lie, however, refused lo lake it, as ho had no pockets, so. Gillelt returned it. The valuo of tho chequo was L 7 Is 'Id. Tho one now produced is tho sumo. The pri.snuorg 11 f ter wards called for another botilc of grog, and abolition o'clock left tho houso. It wuh either on Monday, or Tuesday that Sergeant Hint lory camo lo (ho liouso aikl asked him about the cheque.. Si-r-geunt iSlattcry hinted lnvwus a member of tbo police force stationed ut tho Tcrcniuknu. On Tui'bdny la.M. tbo 2lsi'd instant, from information received, ho proceeded to the Tuipo and apprehended the prisoner William tlille.tt, for fraudulently presenting a chequo representing Iho hum of ill Is, tho property of Edwin Kinvin. 'Wilm.'ss gave Iho usual caution, and at, thai time no statement, was made by him, but afterwards, as I hoy woro walking towards the station ho told him tlmi John Olui'k was the man who wits guilty, and that in Kirwin's storo he had his foot upon tho cheque. Witness tlion apprehended Ghtrk, who at oncn drew out his pui'do and offered tho. value of Iho chequo, and £1 for costs besides. _ AVost. Chamberlain deposed, that ho wus in (he employ of tlio Canterbury Government, us driver of |,tho escort, l'rom instructions ho hud recoived he proceeded, ou (ho 23rd instant lo (ho Ucaley township in search of tho cheque, nnd received tho ono now produced in Court from Mr Flowers who is Mr Grovillo'spartiipr at an accommodation houso in the lioaloy township. This being the case for tho prosecution, His ' VToiship put the usual questions, upon which Gillott stated that In; was guilty of uttering the chequo, but not of stealing it, as it was given to him by Clark. John Clark stated ho picked tho cheque up in the road as he and Clark were going homo together. ]>oth, howuver, pleaded guilty, and were each sentenced to thrco months' imprisonment, with hard labor. George lUissell, a bellman, was charged with having stolen half a sovoieign from ono John Lynch whilst standing with him at tho bur of tho Coiinthiun Hall, Ko veil street. John Lynch deposed, that on Thursday evening last he met (ho aceuped at the above hotel, and by him was asked to shout. He offered to toss him for diink instead, to which proposition the othnr assented. Witness took half a sovereign out of hi.i purse, whilst tho accused made use of a sixpence. During the process of deciding who should pay, tho coins changed hands, and tho bellman directly left the hall. J. Menton, barman at the Coiinthian Hall, swore he saw ltucsoll lako the half-sovereign, whilst K. Humbler, barman at Iho Manchester Hotel, swore *ho received from the accused a half sovoieign ns payment for somo drinks, and that it was all spent in that houso tho same night. The pi tsoncr .-aid ho took the half sovereign in mistake. His) Worship sentenced him lo three days' imprisonment, with haul labor.