RESIDENT MAGISTRATE'S COURT.

West Coast Times, Issue 1633, 22 December 1870, Page 2

RESIDENT MAGISTRATE'S COURT.

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

Wednesday, Dec. 21.

Larceny. — James Webb was charged with the theft of two geese on the 19th December, the prdperty of Arthur John Hams, from the premises of Martin Cassion. The prisoner pleaded not guilty. A. J. Hams, sworn, said he purchased two geese from a dealer on the Bth inst. He purctasod them on board the Kennedy. Saw the geese on the following Saturday, and on Monday was told by Martin Cassion that the geese were gone. We went in search and found some geese under the Gridiron Restaurant. Saw Walter Jago, who keeps the restaurant, and he said that the prisoner had driven the geese into the yard. The geese were not marked, but he believed the geese produced were his. He said he had four geese altogether. Found three penned np and two tinder the house. Michael Cassion, sworn, said he had been taking care of the geese for A. J. Hams. Missed them on the 19th, and next saw them in the yard behind the Giidiron Restaurant. Told the prosecutor where the geese were, and went with him to the place. Walter Jago said the geese were not his, but he believed they had been driven into the yard. One of the geese had a broken wing. He believed the geese produced were the missing ones. W. Jago, sworn, said he had purchased two geese on hoard the Kennedy on Saturday. One of them had a broken wing. Missed them on Monday, and asked prisoner to look for them and bring them in. Witness did not tell prisoner how many geese he had lost, but in about an hour prisoner said he had driven two in. i One of his geese had a broken wing, and he believed the geese outside were his. There was a goose in his yard which he ceuld not identify. James Pamment, sworn, said he had seen the prisoner driving two geese towards the hack of the Gridiron on the morning of the 19th. He could not say if the geese outside were the same, as he was some distance off. Jno. Cross, sworn, said he had seen the prisoner on the morning of the 19th. He said he was looking for two geese. He went from Sewell-street to Weld-street. Witness did not sec prisoner again that morning. Prisoner said that Walter Jago had asked him to look for his geese. He had done so, and opposite the kerosene depot, in Stafford-street, picked, up two, one of them with a broken wing. Had previously picked up two, and on bringing in the lost two saw Jago, and said, "There's your geese, you had better look after them, I am going to work." Martin Cassion recalled, said he was positive that the geese were those he had in his possession. His Worship said there was no case in law against the prisoner, and he must be discharged. The Bench refused to make any order as to the disposal of the property. Abusive Language. — Martin Cassion, a constable, was charged with using abusive language towards Walter Jago and his wife. The prosecutor said he wished to withdraw the charge, but at the request of Inspector James, who stated that the charge was a grave one as against a constable, the case was allowed to go on. Walter Jago sworn : Remembered the 19th ; there was an altercation about some geese. His wife came in and said that the accused and Sergeant Hams had come about the geese. The accused claimed two of the geese as his. Witness asked them if there were any marks by^ which he could identify his geese. He said one af them had a broken wing. Witness purchased geese on Saturday from the Kennedy, and one of the geese had a broken wing. The accused used very insulting language, called witness a b y thief, and threatened to take him into custody. He had also used insulting language to his wife. Cross-examined by Constable Cassion : I think it was you that said I would have to go to the lock-up. You did not say that my wife had better find bail for me. When I thought I was going to be locked up I told the waiter to go and get bail. Matilda Jago, sworn, said : She was present oh the 19th. Heard the constable say that her husband was a b y thief. He used some abusive language to witness, but she could not remember the words. By Constable Cassion : I was confused, and do not remember whether you told me to go and get hail for my husband or not. Sergeant Hams, sworn, said: He wa9 present on the 19th. There was a good deal of noise and confusion — cackling of geese and children crying — and witness could not hear distinctly what was said. Constable Cnssion was talking very fast, and was excited. Witness told him to be quiet, and not make such a noise in the street. Did not hear him make use of any bad language Had witness heard him use bad language he would have considered it his duty to report him. Had never heard the accused make use of bad language at any time. Witness, was confident that he did not reprove constable Cassion for using bad language, but for speaking loudly and in an excited manner. Have heard prisoners when brought to the lock-up make charges against the apprehending constable. His Worship said he would not convict on the evidence produced. The information was accordingly dismissed.

Drunkenness. — Edward Burnett was charged with having been drunk on the previous evening. The defendant pleaded guilty, and was fined 10s and costs, or in default twenty-four hours' imprisonment.