RESIDENT MAGISTRATE'S COURT.

West Coast Times, Issue 349, 5 November 1866, Page 2

RESIDENT MAGISTRATE'S COURT.

(Before G. G. FitzGerald, Esq., H.M.)

Saturday, Nov. 3

Pkhjuky. — W. H. Chamherlain wua nlaced in the dock charged with wilful and corrupt perjury. "Mr Broham stated that he was still unable to proceed owing to the absence of Sullivan. His Worship said that he was always willing to assist the police in their efforts for the public :rood, but he could not keep the prisoner in custody any longer. Two months had nearly elapsed since the trial of tiie Mauntaupu murderers, and 'as the Government had not taken any steps to expedite the attendance of Sullivaa, he felt it his duty to discharge the prisoner. He was accordingly discharged. Larceny. — John Aldridge and the former prisoner, charged with larceny from a dwelling, were also discharged on ihe same ground. Larckny. — John A. Carr was then placed in the dock, charged with larceny from a dwelling whilst a police officer. Mr ltees, who appeared on behalf of the accused, stated that his client was prepared and desirous to wait the pleasure of the police, as he did not wish to be discharged on such grounds as the other late prisoners had been. His Worship said that he thought the application most irregular. Me had no other alternative than to discharge the prisoner. He was accordingly discharged.

Larceny. -Alice M'Farlane was then brought up on warrant, charged with larci ny of half a sovereign whilst engaged as a barmaid. Mr Rees appeared for the prosecution ; Mr Button for the prisoner. The case having heen stated, Mr Rees called Mrs Won all, who, being sworn, deposed that she knew the accused, she had lately been in her service as barmaid, &c. She recollected Sunday evening, the 28th ultimo. She had seen a man go into her bar and call for drinks. The prisoner had served him. Witness had seen the prisoner take half-a-sovereign frmn the man as payment for the drinks, giving him the change. She had had reas.m to suspect the honesty of the accused, and went unobserved by her and look the halfsovereign into the back room, where Mr Allan, a ludner, was, and after having borrowed his knif , and marked the same, witness then put it in its former position. A short time aftt r she had seen the prisoner go and take the half-sovereign. When accused came iv the evening to deliver up the money, witness, seeing that there was no gold amongst it, asked her whether she had not received half-a-sove-reign from a man for drinks. She denied ever having received it, and upon witness telling her tha she had seen her take it, she replied that she (accused) had received it from " little. Jimmy ," and that it was the money of witness. This '' little Jimmy" is captain of a sch >oner named the Emma Jane. The captain had been brought and confronted with the prisoner, and hud positively denied ever having given her half-a-sovereign to keep for him. By Mr Button — Witness had received a summons from accu*ed for wages, for L 9 or LlO. She could not say positivelj whether that was the ex.ict sum, she believed it was. She had never told the accused that she had better '• Go up the country, as she (witness) was unable to pay her wage*." Dr. Worrall, heing sworn, deposed that he was the husband of the last witness. He had seen the nccused in the bar of the Melhourne Hotel, on Sunday the 28th ultimo. He was present wheu a conversation took place between the accused and the last witness. He recollected his wife telling the prisoner to go to bed. (This witness gave corroborative evidence as to the conversation, and then said that the prisoner had ran into the yard and thrown something away). By Mr Button — Witness knew little Jimmy, he was the captain of the Emma Jane — he had always known him as such. He had gone for him, and confronted him with accused, when he (little Jimmy) denied having given her half a-sovereign. He had tried to detain him, and information of the prisoner's conduct had been given to the police on Monday morning, in order that the charge might be heard sooner than usual, so that he might have attended ; he has since 8-iiled for Auckland, and was expected to return in about three weeks. Jno. Allan w is called, and heing sworn, deposed that he knew the accused. He was lodging at the Melbourne Hotel. He remembered Sunday, the 28th ultimo. He recollected Mrs Worrall bringing a half-sovereign to him. He had lent her his knife, an 4 seen

the money — the day's takings— were delivered to Mrs Worrall ; there was no gold or notes among it. Prisoner was questioned by Mrs Worrall as to half a sovereign which she had r< ceived tor drinks. Prisoner replied that it Ik'louged to " little Jimmy." Dv Worrall told her that if it was not given up he would give her into custody. She thereupon rushed into the yard, Dr. Worrall following and shouting that he knew she wanted to throw it away! Prisoner then returned, saying in a jocose manner that as no money r.o ild be found upon her she was all right. She also said that he (Dr. Worrall) coul.l stop it out of her wages. He was present w hen she had been confronted with "little Jimmy," and he had distinctly denied ever having given her any money, more especially half-a-wovereign. By Mr Button — He remembered having advised Mrs Worrall to keep quiet over it. He had never told prisoner to go up the country. Another witness was called, who deposed that she had heard prisoner state that as no half-sove-reigu had been found on her, she was all right. This closed the case for the prosecution. Mr Button then applied that the prisoner be remanded to Monday next, in order that he might piocure witnesses for the defence. He also a^ked that she might be admitted to hail. His Wor-.hip granted the remand, and admitted prisoner to bail —herself in L2O, and two sureties in LlO each.

CIVIL CASES.

Marks v. Solomon.— His Worship desired to kuow what steps had been taken in this matter. Air Harvey replied that he had not been able to forward the documents, as they were somewhat lengthy, and he had not had time to prepare them for Friday morning's coach, but would forward them on Monday next. His Worship intimated that he could not subject the plaintiff to any further delay, and would hear the case on Thursday next. Wall v. Millard.— His Worship gave judgment in the case in favor of plaintiff, for amount claimed and costs. Mr Millard was then about to address the Court, when his Worship declined to hear him. Isaacs v. Watkin. — This case was postponed till Monday (this day), iv order that the affidavit of service might be prepared.

The Court was then adjourned till Monday (this day) at Ii a.m.

,TO THE EDITOR OF THB WEST COAST TIMB8.)

Sib — In your issue of the 30th ultimo, I observed a letter written by James Uirach, complaining of the conduct of- Mr Cooper, the baihif of the RM. Court, and as none of the olßcers connected with the Hokitika Palace of Justice have considered the letter in question worthy of a reply, I am b mud to receive Af r Huvch's version o' the mutter as a correct one.

The manner in which he has been treated uhoidd be sufficiently explicit to deter others from having recourse to legal proceedings, and above all (if they should go to law) to be particularly cautious as to whom they employ. I am. &c.,

Publico.