RESIDENT MAGISTRATE'S COURT

West Coast Times, Issue 367, 26 November 1866, Page 1 (Supplement)

RESIDENT MAGISTRATE'S COURT

(Before G. G. FitzGerald, Esq., R.M.) Fridvy, November 23. Drunkenness. — •William Mortimer was charged with being drunk and incapable, and the same being proved, was fined os ; in default of payment 24 hours' imprisonment. Obstructing, &c — The adjourned case against George Maggs, for obstructing a right-of-way, was heard this morning. His Worship dismissed the information, remarking that it was a case for the Warden to determine. Nuisance. — Henry Crawford wns charged with depositing rubbish above high water mark, and this beiu^ his sec Jiid offence during the current month, he was fined L 2, his Worship intimating tha 1 ; if he appeared before him again charged with a similar offence, that he would fine hi 11 L 5. Conspiracy. — William De Lacy was again pUccd in the dock, charged with conspiring to murder. Inspector Broham applied for a remand till the Ist of December next. Mr Button opposed tho application, saying that it was but another act in the drama. The attendance of the witness Sullivan had been promised from time to time ; and on that promise remand after remand had been granted. He would, therefore, request the prisoner 1 « discharge. His Worship said that he would grant the remand, but intimated that if Sullivan was not in attendance on the Ist of December next, that he would discharge the prisoner. Muruek.— James Wilson (on remand) was placed in the dock, charged with the wilful murder of George Dobson, and on the application of Inspector Broham, he was remanded till the Ist of December next. CIVIL CASES. I Thompson v. Lee.— Claim for goods I sold and delivered. No appearance of defendant. Judgment for plaintiff for amount claimed, and costs. The Court was then adjourned till 11 a.m. the following day.

Saturday, November 24. Drunkenness. — James Lancaster, Geo. Stanley, aud John Ctawley, were charged with this offence, and respectively fined os, or in default ot" payment, twenty-four hours' imprisonment. Disorderly Conduct. — 'John Crawley was then charged with the above offence, aud, having been in presence of the Court ten days before, and the present charge being clearly proved, he was fined L 2, in default of payment, four days' imprisonment.

L.yucexy. — James Crussley was charged with larceny, and on the application of the police, he was remanded till the 27th instant. «*Bail would be taken, himself in LSO, and two sureties L 25 each. — James Kandwick was charged with larceny of a gold ring, of the value of three pounds. Elizabeth Ferguson was called, and. being sworn, deposed that she resided in Revcll street, Hokitika. She knew the prisoner, ho had beon in her service as cook for the past ten months ; she had discharged him about the 10th instant. She was acquainted with a person named William Douthwait; she remembered having ex changed rings with him. On the ring she gave Douthwait there was engraved the initial letters E.H.D. The ring was lost in her house. She told the piisoner that if he found the ring ' and restored it, she would give him a new shirt, or some other such present. Prisoner had 'frequently scui the ring upon her finger, and knew same. The ring produced was the one given her by Douthwait. Win. Douthwait was then called, and being sworn, deposed that he resided at the Kanieii. lie had known the prisoner from about last February. He (witness) was acquainted with the former witness. lie got the ring from her in exchange for another, about seven months ago. lie lost this ring at a place known as the Oriental Hotel. ' This hotel was situate at the Kanieri, of which the former witness w.io the proprietress. He lost the ring while in the bed-room. Intimation of the loss was given to the prisoner, with a promise of reward upon its restoration. He could swear to the ring, [t had a stone in it — a cross bar with three initial letters, namely, E.H.D. The ring produced was his proI erty, and the one lost by him at the Oriental Hotel, Kanieri It was wurth three p muds. When next he saw the ring it was in the possession .of Constable Browne. By prisoner — He remembered having said that he thought he had lost the ring at thr hotel. He also recollected prisoner having said that lie (witness) had most probably lost the ring in the basin, while washing his hands. NCharles Browne was tnen called, and, being sworn, deposed that he was a member of the Hokitika constabulary. From information he received he arrested the prisoner on the morning of the 21st instant, at the same tune acquainting him with the charge on which he had been arre ? ted. lie then removed prisoner to the watchhouse, and upon searching him found the ring produced, rolled up in a piece of rag. Prisoner cluimed the ring as his property, saying, "that's mine." The prisoner stated in his defence that he was in the yard of the Oriental Hotel, when he saw something bluum.; on tho ground, and on his stooping and picking it up he discovered that it was the ring. He never mea:it to keep it, but on his return home he forgot all about it. He had never stolen anything in his life, and under these circumstances he hoped the Court would take a lenient view of the matter. His Worship »aid that it was a pity prisoner had such a treacherous memory, and in order that it might he strengthened he would sentence him to two months' imprisonment, with hard labor.

Larceny. — John Hide Tappingtonlwas then placed in tlio dock on the information ol William Morley, of Melbourne, in the colony of Victoria, merchant, charged with larceny of three cases of drapery, of the value of LGOO. William Morley, being called and sworn, deposed that he was a merchant and general carrier, living at Melbourne, in the colony of Victoria. Jle knew the prisoner at the bar. Hu had been in his (witness') employ neariy two years, in the capacity of out-door shipping clerk. His duties were to take charge of goods, and give receipts. He had to see to the delivery of goods when ordered. On or about the first of November instant, witness received a bill of lading for fifteen cases from Messrs Buckley aud Nunn, of Melbourne, shipped in good order and condition per s.s. Mat aura. The bill of hiding was handed to the piisoner, and in pursuance of such bill he received the number of cases specified, but only gave receipts for ten cases. These ten cases were stored with Buckley and Nunn. Three cases out of the fifteen tho prisoner had removed in a separate cart. The ten ca^es before mentioned were carted in witness' own vehicles. Witness received information that the three cases referred to had been shipped at Melbourne, in the s.s. Gothenburg, for Hokitika. He could not Siiy of his own personal knowledge that the prisoner had shipped the three cases, but he believed, from the desciiption that had been given to him, that the prisoner was the man. The three casee were inai ked B\N in a diamond, and were respectively numbered 21)17, 2905 and 2930. TiK'se numbers correspond with the numbers of the cases received, bufc unaccounted for by the prisoner. .Witness never discharged the accusedj but he (prisoner) had left his (witness) employ on or abuiit the 10th in&t., aud that too without giving any intimation of his departure, l'lie night of the prisoner was discoveied by the account collector, who, on calling upon some persons tor pa\ incut of certain accounts, learnt that the prisoner had forestalled him, and collected the monej'. Witness then telegrapned to Sydney, New South Wales, aud reciived a reply io the effect that the prisoner had not arrived tliere. He then proceeded to the office of the agents for the Gothenburg, and on enquiry was informed that prisoner had shipped the three cases described ; hi- (witness) next step was to give information to the Melbourne police, and have warrant issued. The documents produced were the invoices of the cases. He knew prisoner as J. Tappington and by no other name ; finding th*t a steamer was leaving for Ilukitika a few days alter the departure of the Gothenburg he (witness) took his passage in her, hoping to drop across the piisoner. <'n his ar, ival at Hokitika he bi^v prisoner on the wharf, but did not tell him why he (witne.-s) had followed him. Pushing enquiries here he (witness) ascertained that tlie cases had not been landed from the steamer, but would be in the course of a day oi two. Witness kept his eye about the transit shed, and seeing some caigo from the Gothenburg in the lighter lona, he examined some cases, and alter having (by the use of turpentine; removed the tar which was over portions of the cases, he distinctly saw the original brands. He also noticed that there were

somo new brands upon each case. He would swear that the three cases were his property. Witness was present when the prisouer was arrested. The prisoner then gave his name as Tatton. The value of the throe cases was as per invoice L6OO. Witness had never authorised the prisoner or any body else to ship the three cases in question to Hokitika. It was the prisoner's duty to have, delivered them with the other ten casos. By prisoner -His (prisoner's) receipts were in the books for the fh'dtteucdsesdeliveredtoßueldeyandtfunn. By the Court— He (witness) had not succeeded in tracing the bill of lading of the fifteen cases. He was certain he handed same to prisoner. Wm. Bannerman was, then called, and, being sworn, deposed that he wa9 manager of the Bank of .New South Wales, Sandhurst, Victoria. The prisoner was a fellow passenger with him from Melbourne to Hokitika in the s-s. Gothenburg on her last trip. He was a saloon passenger, and witness occasionally conversed with him during the voyage ; on one occasion prisoner intimated that he had some goods on board the steamer, but never particularised them. The prisoner went under the name of Mr Iline, and was not known on board the steamer by any other name. The Gothenburg left Melboun.* on the Bth instant, and landed passengers at Hokitika ten days after, namely, the 18th instant Richard Smith was then called, aud being sworn, deposed that he was a master mariner, residing at Ilokitika. He was the captain of the schooner lona. lie lightered the s.s. Gothenburg ; when he arrived at the wharf he passed the cargo from the schooner into the transit shed. His attention was drawn to three cases ; they were of a middling size, measuring from ten to twelve feet. They were branded on one side with the letter H and a diamond, and with the letters B N and a diamond on the other. The letter II was v<ry plain, and could be distinctly seen, but the letters B N were almost effaced. Mark Ilylet was then called, and, being sworn, deposed that he was a Custom-house agent, residing in Hokitika. He knew the prisoner by having received instructions from, and transacted business for, him. The nature of the business was to pass one case of goods, There were iwo other cases, which wert to remain for a transit shed. Prisoner handed witness the bill of hiding, saying the brand wa3 marked F in a diamond, but should have been H and a diamond. The prisoner said that the case he wished cleared contained hosiery, and the remaining two, silks. The bill of lading produced was the one received by witness from prisoner. There were numbers on the cases besides the brands. The case prisoner instructed him to clear was numbered 2951. Prisoner informed him that the other two cases were respectively numbered 2917 and 290 J. The Customs refused to pass one case, and he thereupon passed entries for the three. Prisoner instructed him to pass entries on the 19th or 20th instant. The cases arrived by the steamship Gothenburg, and prisoner saw them landed that morning (24th instant) from the lighter lona. Sergeant Dyer, being called and sworn, deposed that he was a sergeant in the Ilokitika police force. He knew the prisoner at the bar, and, from information he (witness) received, arrested him on the 23rd instant, on the charge of having stolen three ca^es of drapery, of the value of L6OO. Prisoner did not reply to the accusation. When he got prisoner to the s'ation house he searched him and found the document produced, marked B. Prisoner then said " that the' customs' agent bad the bill of lading, and that if he (witness) would accompany him he would sign same, so that the owner might have them." lie gave the name of Tapping, or Tappington— witness could not say wnich. He believed it was Tappington. On that morning (the 24th inst.) he accompanied tho prosecutor to the transit shed, Gibson's Quay, in which three cases were, which prosecutor claimed as his property. The only visible mark was II with a diamond. He saw the prosecutor applying some spirits of turpentine over another part of the case, and on rubbing it a little, the 2905 in a diamond (in which were two small letters in the centre, almost illegible) with the letter M underneath, was distinctly visible. The second case was numbered 2917, and marked BI\ T in a diamond, with the letter M underneath ; and the third case was numbered 2951, and marked in a similar way. The prisoner declined to a;>k the last three witnesses any questions. This closed the prosecution. The prisoner was then cautioaed in the usual way, and said that his name was John Hide Tappingtou ; and all that he desired was to he sent to Melbourne to take his trial. His Worship said that he would commit him to the Hokitika Gaol until such time as a warrant arrived from Wellington, authorising his removal to Melbourne. The Court was then adjourned till 1 1 a.m. on Monday (this day).