RESIDENT MAGISTRATE'S COURT.

West Coast Times, Issue 372, 1 December 1866, Page 2

RESIDENT MAGISTRATE'S COURT.

(Before G. G. Fitzgerald, Esq., R.M.) Fridax, Notesib:f:r 30... Disorderll C&dk'OT. — Amy Powell was placed in the dock charged with drunkenness and disorderly conduct, and was fined sb. for the first offence, and 15s. for the second.

Disobedience of a Summons. — Richard Beck was charged with disobeying a summons. It was proved that there was no intention on the part of the accused to disobey the summons, and that he had merely acted upon an erroneous impression. His' "Worship discharged him. Forgery.— Joseph E. Whidbey (on romand) was charged with forgery, and, at the request of Inspector Bi'dham; he was discharged.

Nuisakce. — John Cheffinga was charged with having caused a dead animal to be thrown in a public thoroughfare at the Arahura. The evideuce was part heard, and the further hearing of the case was adjourned till the 3rd December.

Depositing- Rubbish. — James Hood, William Wilson, and John Grady were respectively fined 10s. for depositing rubbielx in a public thoroughfare. Oiwteuctiox. — William Isaacs was charged with allowing a quantity of goods to remain outside of his promises in Revell stree, thereby creating an obstruction. Mr South, on behalf of accused, requested an adjournment, in order that he might produce evidence to show that his client had not committed any obstruction. Beeach of License.— -Victor Frank was charged with having committed a breach of his license by allowing his bar to be open early on tho morning of tho 25th iustant. The hearing of the charge was deferred till the 3rd instant.

Obtaining Goods Under False Pketuxces.— Daniel M'Kay was charged with obtaining goods under false pretences at Sydney, in tho colony of Now South Wales. Mr South, for prosecution j and Mr Reid for prisoner. Mr South stated the case, and called Jesse Cowlio, who, on being sworn, deposed that he was in the employ of Messrs Kepp and Parsons, of Sydney, in the colony of Jioav South Wales. He knew the prisoner. In tho month of October, 1866, prisoner entered tho shop of Messrs Kepp and Parsons, and engaged in a conversation with witness and another balesman. In the course of the conversation, witness asked whether the priboner was going to buy, when he replied, that he did not know, as it was necessary that he should first see Mi* Parsons, and make some arrangements with him. Prisoner represented that he was in good circumstances, and did not need to work. On, or about the 9th of October last prisoner visited the warehouse, and witness again asked him if he was going to buy, and he said yes, provided he could make arrangements with Mr Parsons. Prisoner was a salesman and a hawker. Witnesß fcuid he supposed pritouer was not going to hawk again, and he replied that he was not, but proposed opening a store in Goulburn. Mi' Parsons then came in, and prisoner and he (Mr Parsons) went into tho office together. When prisoner came out he told witness that "he had made the arrangement." Witness then sold prisoaor soino goods, and was present when he purchased goods from the other salesman v who ronionstrated with prisoner about sojtoe of the goods that he purchased, alleging MJuu. tboy were unfit for the Goulbura ej« rket. H«» aJso advised him, to buy good- of y lighter material.

The pri&oner exclaimed, "Oh, thoy will do very woll." The other salesman said to Mr Parsons in his (witness) presence, "Do you think its all right? fov M'Kay hut, 'not j>ureliased with Iris usual cave." Tho goods yrero entered iv the books on tho ilth of October, nnd amounted to L 469 13s. Tho question was asked by the entry clerk as t'J the placethc goods were to be sent.* When the prisoner said to the Syduey railway, to bo f'or■narded to the Liverpool station. Ho (mtnebs) caw tho goods piu'chasod by priboncr put on the dray. Pri&oncr stated that his own Heavns would meet them at the Ijivecpool' Btation, and take thorn to Goulbuni. Groods could not be transported by rail from Liverpool to Goulourn. A place called Picton was about thirty miles beyond the Liverpool station, and by which line goods ivcro usually sent. He know the brands on tho cases — they were mai'ked, D. M'Kay, and numbered. ' There were four cases and ono truss. On one of tho eases the original mark, K. P. & Co., was still legible. He had scon three of the same cases at Mr Binney's stores, Sevell street, Holiitika. He knew them to be the same cases as sent from the Sydney house to the railway btatioli. Ho &aw certain bills, drawn by tho prisoner, not accepted) owing to the abscntje of tho prisoner. The goods purchased by the accused were never transmitted to Melbourne. On or about the 14tli of October the goods were sent to the Sydney station, and on the 26tU it was found that the prisoner (with the goods) had sailed for Hokitika. He had seen the ca«es but not the goods, as Mr Binney would not take the trouble to open them. He would know the goods unless they had been damaged. In consequence of information received by Messrs Kopp and Parsons, he (witness) was sent over here to prosecute the prisoner. He would swear that the signature to the warrant produced was that of Mr Love, the Magistrate at Sydney. The certificate verifying the original information, was signed by the Clerk to the Bench of the Central Police Court, Sydiley. By Mr Keid — He was not a member of tho , firm of JCepp and_ [Pnvsous, but had been in their employ some seven years. The prisoner had dealt, somewhat largely with Messrs Kepp & Parsons for the past four years. He did not always payforgoods. The returns from him were about LBOO annually. He was quite certain that when prisoner came on the 9th of October, he s.aid he would buy if he could make niTangcQie'nts. Ho (tvitnees) 6aw thfc goods wliich were objected to by tho other talesman as being unsaleable. Liverpool is on the way to Groulburu. He could not say whether the road was a good one or not. The goods purchased by prisoner were delivered at the, Railway Station. Prisoner sailed from Sydney under his own name. He (witness ) had not had any communication with, prisoner. He had Hot seen the goods in the" case at Mr Binney's. Prisoner paid very regularly. To Mr South — A person sending goods by rail from Sydney to ixoulburn, would foiward them to Picton. Eichard Dyer,- being sworn; deposed that he was a sergeant in the Hokitika police. He recognised the signature to tho warrant protlueed as that of "W. D. Meare, Clerk to the Central Police Court, Sydney. Mr South Uieu wanted to put in the original information, but Mi § Keid objected, thereto, on the ground that the Foreign Offenders' Apprehension Act, 1863, rendered it necessary that the copy of the depositions or information should be proved by the person taking the same, and dtdy certified by him and not by the clerk who "wrote them. Mr South replied, and his "Worship said that lie entirely concurred with Mr Keid's objection, and consequently could not allow the information to be put iv evidence. Examination of Sergeant* Dyer continued —By virtue of the warrant produced, he arrested the prisoner at the back of Messrs Button & Eeid's office. On the way to the station he read the warrant to him when prisoner said that he knew nothing about the matter. When he got him to the station he asked prisoner if he liad any goods at Mr Biuney's, and he told him to find out. From subsequent enquiries he learnt that there were three cases Jit Binney's. Upon his going down he found that the first case was marked 35, the second K. P. _ Co.. ~No. 36, the third, E. P. C. and _Jo, 33. They -neve till addressed "D; M'Kay." By Mr Eeid — The cases were in Mr Binney's store. The marks were quite visible, and the manner in which the cases wei*e placed did not seem as though an attempt to conceal same had been made. Mv South applied for a remand for a month, to enable him to procure the attendance of important witnesses from Sydney. The remand was granted, his Worship intimating that lie "would takcbail,pri?onerin L2OO and two sureties of LICO each.

JBueslaby. — Wm, Moriarty was charged with burglary, and, on the application of Inspector Broiiain, he wa« remanded till tho 3rd of December.

Bbeach of Slaughter-house Obdixance. — Thb charge against William Moffatt, for having killed a bullock without being the holder of a license was heard, and he was fined the sum of L 5.

The Court wa-> then adjourned till 11 a.m. this day.