RESIDENT MAGISTRATE'S COURT.

West Coast Times, Issue 646, 19 October 1867, Page 3

RESIDENT MAGISTRATE'S COURT.

(Before GK G-. KtzGerald, Esq., R.M.) Fbiday, Octobee 18.

Beeach of Haebob Regulations. — Michael Curry was charged on the information of the Harbor Master, Captain Turnbull, with depositing rubbish on lands belonging to the Crown. Clause XIII, of the Harbor Regulations states — " No rubbish or filth is to be landed or deposited on any hinds belonging to the Crown, except in such places as the Harbor Master may point out; under a penalty of five pounds, to be paid by the person landing, or depositing such rubbish or filth." Captain Tumbull deposed to having seen the defendant deposit a barrow full of rubbish on the beach, about 40 feet from the last high water mark, at the end of what is known as Spence's right-of-way. The defendant had been previously cautioned. — ConstabWM'Grill deposed to having seen the n»sish. At Captain Turnbull' s request he ascertained the defendant's name.— The defendant stated that he deposited the rubbish below high-water mark.— His Worship adjourned the case till the following day. Sheepstealing. — John Dougherty, ?r r S?.J™th this offence, on remand from */r tJ Vi Btant » surrendered to his bail. mLtTs^ ton appeared for the prisoner. W«» „« PrOt *- ein & sworn > de P°>*d that tiL W> aUCt T eer ' re siding in Hokia cattlS 6 !. 8 ?» P5P n <*, who is P^'or ft A- Tl - S

as a decoy. On the 10th of October witness saw the sheep close to the stable. It was in the possession of a man who gave his name as Grey. He refused to give the sheep up. On the afternoon of the 16th witness told the prisoner he had found some of his property in his (prisoner's) possession. Witness told him he had found his pet-sheep 't. his possession, or words to that effect. Prisoner replied he had purchased it from Cook, alluding to a person who formerly managed the Hokitika stables for witness. Cook was in witnesses employment up till April 1867. Witness subsequrntly laidan information, and a warrant was issued for prisoner's arrest. He accompanied a constable to prisoner's stable, and there saw the sheep. Witness pointed it out to the constable, and he took possession of it. The sheep outside the Court is the property of the witness. It is tho one iie lost, Previous to losing it witness had had it in his possession for six months. It is valuable as a decoy. For a man in the trade it is worth about five pounds. Witness never disposed of it, nor had ho authorised any person to do so for him. He had frequently lent it to prisoner before he missed it. The sheep got into very low condition, and he gave orders it was not to be lent out. irisoner heard witness give the orders. Cross-examined by Mr .Button — Witness has had very large dealings with prisoner. There is an unsettled account now between witness' creditors and the prisoner. Witness had several times had. words with prisoner. He had frequently told prisoner he knew him not to be honest. Witness believed prisoner did say it was M'G-arrity (prisoner's partner) who purchased the sheep from Cook. Witness believes Cook is at the Mohildnui. He only heard it yesterday or the day before. Does not know where M'Garrity is. Witness saw him here two or three days ago. He did not know M'Garrity had gone over to Christchurch for sheep or cattle. That is M'Garrity's business. Would not swear that M'Garrity has been in town within the lasc week. Cook may have lent the sheep. — Charles Townley Browne deposed that on the 16th of October ho received a warrant for the prisoner's arrest. Accompanied by Mr Sprot, he proceeded to prisoner's dwelling. Mr Sprot pointed him out a sheep in prisoner's stable, which he (-witness) took possession of. Mr Sprot claimed the sheep. Prisoner was away from home. — In reply to a question put to the police by the Court, they stated that M'Garrity and Cook would not be called for the prosecution. — His Worship said that when the possession of the goodswasnot recent, and the prisoner gave a reasonable account of the manner in which he got them, it was for the prosecutor to show that account was untrue. Mr Button submitted to his Worship that tho law went even farther than that, and if a prisoner was found in possession of goods immediately after they were stolen, and gave a reasonable account of his possession, the onus of the disproof of that statement lay with the accuser. The Magistrate coincided with Mr Button, and further remarked that in this case the alleged theft had taken place twelve months before the property was found in the possession of the prisoner, and the police stated they did not intend to disprove the account given by him. The prisoner was therefore disdischarged. Mr Sprot applied to the Bench to order the police to give the sheep up to him. Mr Button, for the prisoner, contended that the charge had been dismissed, and the sheep should be returned to the possession of his client from whom it was taken, as against Dougherty the sheep was claimed by the sequestrator of his estate. The Bench decided in favor of Mr Sprot, and mado an order accordingly.

Wilful and Malicious Destbuction of Pbopeety, — Martinßyan was charged, on the information of Henry Cohen, with, on or about the 20th day of June last, unlawfully destroying a fence, the property of the Hebrew Congregation, thereby doing damage to the amount of ten shil i; ngs. The defendant, who failed to appear, was fined 10s, and ordered to pay 10s for the property damaged, with 6s 6d costs. CITIL CASE?. Stephenson v. Bond. Mr Harvey for the defendant. A claim for L 5 16s 9d, for wages. Defendant had filed a set-off amounting to L 4 16s 6d, for board and lodging and money lent. Judgment for 11s and costs. Robinson v. Ford. — An action brought to recover the sum of L 7 2s, balance of account due for board and lodging and refreshments. Judgment for amount claimed and costs. The Court was then adjourned till eleven o'clock on the following day. A gentleman who was complaining of approaching baldness w&9 thus consoled by a friend : — " Never mind, Sam, old boy, you know an empty barn needs no thatch." " Settling " a Eaiiavay Offiobb. — Three persons voro travelling on a line of rail the other day, two of Ihem being known to each other, but not to the third, a railway officer ; who, however, was known to them as such. One of tho friends told the other, as a great secret (but loud enough for the officer to hear), how cleverly ho had done tho railway company out of a first-class faro tho day before. Apparently heedless of tho conversation, the officer nevertheless drew if; round