RESIDENT MAGISTRATE'S COURT.

West Coast Times, Issue 732, 28 January 1868, Page 4

RESIDENT MAGISTRATE'S COURT.

(Before G. G. FitzGerald, Esq., R.M.) Friday, January 24. Burglary. — John Hartley, on remand from the 22nd inst., charged with, this offence, was, at the request of the police, further remanded till the 27th inst., owing to the absence of an important witness. The same prisoner was also remanded till the 27th inst., on a charge of larceny of L 9, the property of Margaret Anderson. Bbeach of Police Ordin an ce. — Michael Kennelly was charged b} r the police with, on the 13th inst., depositing the carcase of a dead horse on a public thoroughfare, viz,, the sea beach, above high water mark. Sergeant Wilson deposed that he noticed the carcase of a horse lying on the beach, and from enquiries he ascertained that it was left there by the defendant. He served defendant with a notice on the loth inst. to remove the carcase, which he accordingly did. Defendant stated that he was ignorant of the existence of the law, forbidding him to leave the carcase on tho beach. A slaughterman told him if he left the carcase there he would cut it up and feed his pigs on it. Immediately he was served with the notice he buried the horse. His Worship stated that under the circumstances he would fine the defendant in the lowest amount the ordinance would admit. The defendant was accordingly fined 10s and costs. Bbeach of Police Ordinance. — An information laid by the police against John Flexman, for obstructing the thoroughfare by erecting a building thereon, was adjourned till the Ist of February. | Assault. — A person, known by the name of " Yorkey," was charged by Mrs Emma Brown with assaulting her on the 13th inst, The complainant deposed that on the day in question the defendant came into her yard and put in some pegs preparatory to erecting a fence between their section and the adjoining one. Witness took up one of the pegs, and was in the act of taking out another when defendant shoved her, causing her to fall to tho ground J with such violence that she fainted. Complainant's husband was called, and stated that on his return home he found his wife in a very exhausted state, She was bathing her arm, which at the time she thought was broken. The defendant stated that he was employed by a person named Joseph Brown, to erect a fence between his section and that in the occupation of the complainant. Complainant removed the pegs he had driven in, and he attempted to stop her from so doing, and as she was going away she stumbled against a log and fell. James Wade was called, and said that the complainant removed the pegs the defendant had driven in ; ho shoved her back, and she fell down. His Worship fined the defendant L 2 and costs, and awarded half the fine to the complainant. The Court was then adjourned till eleven o'clock next day. Saturday, January 25. Lunacy. — Stephen George Shairp was charged with being of unsound mind. It appeared that the defendant had been suffering from the effects of intemperance, but had now recovered. His Worship accordingly discharged him. ! Embezzlement. — Robert Wilson Turn- j bull (a clerk in the employ of Thomas W. Hungerford) was charged, on the . information of Mr Hungerford, with, on the 19th inst., embezzling the sum of L 5 10s. At the request of the police the prisoner was remanded till the 28th inst., and was in the mcantinio admitted to bail, j himself in LSO, and two sureties in L 25 each. The Court was then adjourned till eleven o'clock, on Monday. Monday, Jaxitaey 27. Drunk and Incapable. — Pefcer Murray and Isabell x Rankin were each fined 10s, with the alternative of four-and-twenty hours' imprisonment. Labceny. — John Hartley alias William Hartley, on remand from the 24th inst., was charged with stealing on the 18th inst., from the house of Margaret Anderson, a purse containing six one-pound notes, three half-sovereigns, and three nuggets of gold, of the value in all of about L 9. — Mr Rees appeared for the prisoner. — Margaret Anderson deposed that she resides in Revell street. About ten o'clock on the night of the 18th inst. she went out, and left a purse, containing six onepound notes, three half-sovereigns, three nuggets of gold, and some silver, under the pillow of her bed. Witness locked both the front and back doors when she went out, and left no peison in the house. She returned about twelve o'clock that evening, went into her bedroom, and found the back-door unlocked and a pane of glass broken. It is a glass door, and opens from her bedroom into the yard. Witness went to bed, and remained in bed all next day (Sunday), About nine o'clock on Sunday evening she made up her bed, and then missed her purse. She has since seen the purse in Detective Browne's possession. Witness identifies the purse and nuggets produced to be those she missed from under her pillow. She Jias had the purse in her possession for the last eighteen months. She identifies a piece of paper produced as being in her purse at the time it was stolen. Crossexamined by Mr Rees— She last had the purse in Her possession on Saturday

evening about nine o'clock. She was then in her own house. The nuggets were wrapped up in the piece of papev. She put them in the paper about a fortnight ago. Witness did not see prisoner that evening. She saw him about the 15th instant. By the Court — The value of the property, including the nuggets, was about nine pounds. When she missed the purse she at once gave information to the police. James William Anderson, deposed that he was the son of Margaret Anderson. On Saturday, the 18th instant, witness counted over the money in his mother's purse. The purse contained five one pound notes, one half sovereign, and three nuggets, He counted the money about dinner time. He afterwards gave his mother liis wages — two half sovereigns. Witness identified the purse produced to be his mother's property. Cross-examind by Mr Rees — Witness opened the paper and looked at the nuggets. He counted the notes. He is certain there were only five. There were some shillings and half crowns also in the purse, the nuggets were wrapped up in paper. Witness's mother has had the purse for more than twelve months. Detective Browne deposed that the prisoner was brought to the lock-up about midnight on Saturday, on a charge of drunkenness. He was present when prisoner was searched. The purse produced, containing four one pound notes, two halfsovereigns and three nuggets was found on him. Witness took possession of the property, as he suspected it had been stolen. From enquiries he made, witness ascertained that Margaret Anderson claimed the property. She described the whole of it to witness before he showed it to her. He took the prosecutrix down to the lock-up and J brought the prisoner out. He catitioned him, and prisoner said he knew the prosecutrix, but that he had not been near the house. After being cautioned by the magistrate, the prisoner stated that at about a quarterpast ten on Saturday evening, as he was coming down Revell street, he found the purse and its contents. He afterwards unfortunately dropped in with two or three acquaintances, took a little too much to drink, and was arrested, and had no time to give up the purse. The prisoner was committed for trial at the next sittings of the District Court. Bail allowed, prisoner in LSO, and two sureties in L 25 each.

Burglary. — John Hartley, alias William Hartley, on remand from the 24th inst., was now charged with this offence. Mr Rees appeared for the prisoner. Henry Cohen Pirani deposed that he kept a fruiterer's shop in Revell street. At about eleven o'clock on the evening of the 17th he was about to enter his dwelling in Beach street, when he noticed a light inside the house, in the front room. Witness looked in, and saw prisoner with a light in his hand examining the contents of a work-box. He had the tray of the box in his hand. Witness called for assistance, and the prisoner ran out at the back, but was stopped and brought back into the house by David and William Weir. Prisoner said that he had been into the house two nights before to see a female he knew, who lived in the house. Prisoner begged witness to let him go, as he had only been out of prison -three days. Mr David Weir went for a constable, and whilst he was away prisoner escaped. Witness saw prisoner on the 19th inst. in the lock-up, and identified him. The house has both a front and a back door. The back door does not lock, it shuts with a latch. The last time i witness was in the house before he saw prisoner there, was at about midday on the 17th. He then left four or five of his children in the house. David Weir, being called, stated that, at about ten o'clock on the night in question, he was in his brother's house, and heard a cry of "police," followed by a cry of "Mr Weir, Mr Weir." Witness went out, and ran down between the two cottages. He observed a man run out of the back door of prosecutor's house and ho followed him and caught him. Prisoner is the man. Witness took him into Pirani's cottage, and he made a statement to the effect that he had come to see a girl. Witness then went for a policeman. Mr William Weir was called and corroborated the evidence of his brother. He further stated that whilst his brother had gone for a policeman, prisoner made his escape. Witness saw him in the lock-up on the 19th instant, and identified him.

Benetto Louis Pirani deposed that he was the son of Henry Cohen Pirani That on the 17th instant he resided with his father in Beach street. About seven o'clock that evening he left the house ; he shut both doors, but did not lock them. There were no windows left open, and any person entering the house would have to go in the door. Witness returned between eight and nine o'clock, and went to bed. Nobody was in the house then except witness and the other "children. Witness is quite sure that when he went to bed both the doors were shut. Detective Browne deposed that on the evening of the 17th instant, Mr Weir reported to him that a man had been found in Mr Pirani's hou?c, Beach street. On the 19th instant the prisoner was locked up on a charge of drunkenness. Witness brought the prosecutor, and the Messrs Weir down to the lockup, aiid they identified the prisoner, who denied that he was the man, as he was not in town on that night (tho 17th inst.)— The prisoner, who declined to make any statement, was committed for trial at the next sittings of the District Court. Bail allowed— prisoner in LIOO, and two sureties in LSO each,

[The remainder of this day's cases we hold over till to-morrow.]

Sad effect op Penny Readings. — The following story from a contemporary shows what may come of an over-devotion to penny readings :—": — " As a gentleman was returning homoward about the witching time of night on Saturday lnst, he was somewhat startled on beholding on the road before him, a human figure, frantically making desperate passes with what appeared to bo a eword, accompanied with violent imprecations of ' Die, villain !' &c. Thinking that tho individual making such a singular exhibition must either be Buiforing from delirium tremens or was an escaped lunatic, ho prudently ensconced himsoll out of the way, and anxiously abided the result. After a desperate combat with no end of imaginary foes, whom he seemed to have despatched to his enliro satisfaction, the strange specimen of humanity advanced to the middle of tho road and spake s ' Beneath the canopy of heaven, the silent stars my only witnesses, havo I achieved a mighty triumph ;' and then taking off his hat, with a bow which was the acme of grace and elogance, ho commenced : ' Ladies and gentlemen,—The very enthusiastic reception I have received quite overcomes me — .' A horse laugh from tho ' gentleman in waiting,' on whose perception tho truth had dawned at last, stayed Mb eloquence, and tho ambitious amateur (in his own estimation an embroy Kean at least) made a hurried oxit, anything but nattered that lie had not ' wasted his Bwe»tness oft tU» desert air,' "