RESIDENT MAGISTRATE'S COURT.

Westport Times, Volume II, Issue 256, 27 May 1868, Page 2

RESIDENT MAGISTRATE'S COURT.

Tuesday, Mat 26, 1868. (Before J. Giles, Esq., E.M.) EOKFEITED BAtL. Mrs. Fig, Robert Brown, and "Robert Hollins, forfeited various amounts of bail. The two first were charges of drunkenness ; the last of being drunk and disorderly and using abusive language. ASSAULT. Ti. Qaspari summoned another foreigner named Sorette for an assault. From the evidence it appeared that the parties were jointly interested in some mining matters, during which time a dispute arose, and the assault which was of a very trivial nature occurred. The Magistrate said no doubt an assault had been committed, but he thought the justice of the case would be met by fining defendant 10s., without costs. CIVIL CASES. ClarJc v. Stainer. An action to recover the sum of £1619s 4d., for goods supplied to the ketch Young America, and a dishonored acceptance given by Bicheno and Co. iV.r Tyler appeared for the plaintiff. Defendant alleged that in the first place the goods were supplied without his knowledge or consent, to JSicheno, before he was in partnership with him, and that the acceptance was given also without his knowledge. On the other hand, a witness named Cooper proved that he saw Bicheno give the acceptance when defendant was present, and that some rope not in the acceptance, was bought and taken away by defendant and Bicheno together. In cross-examination, defendant admitted that he was in partnership with Bicheno from the 23rd of November till recently. The Magistrate said that often hardship arose through parties not being aware of the liabilities of partnerships, but, on the other hand, it would be hard that persons supplying goods should be prejudiced. He therefore gave judgment for the amount claimed with costs. Schwerer v. McLeod. No appearance. McFarlane v. Bell. Yerdict by default for £7 25., on an 1.0.TT. JLempfort v. Morris. No appearance. Whittingham v. Flanigan. Verdict by default for £1 12s. Same v. Stainton and another. Verdict by default for £l3 Is 9d. PEEJTJBT. [Dr. Giles here left the Bench and Mr Kynnersley took his place.] Alice Macfarlane was charged that she did, on the 22nd of May last, in the Besident Magistrate's Court, and in the prosecution of one Luke Varey for larceny, commit wilful and corrupt perjury. Mr Tyler appeared for the prisoner. Inspector Franklyn prosecuted, and briefly stated the case. The first witness was Francis Harris, who deposed : I am clerk of the bench at Westport. On the 22nd of May I was present at the hearing of the case Macfarlane v. Varey, for larceny, and on that occasion took the depositions. The particulars of the charge were that Luke Varey was charged with stealing a watch, chain, and brooch of the value of £l4, from Alice Macfarlane, who was duly sworn before giving her evidence, and the depositions now produced were taken by me, and they were read over by me to the witness before they were signed. I find a passage in the deposition as follows : " The prisoner then went to the bed and took a gold chain from the child's nock who was in bed. The chain produced is

the chain he took from the child's 1 neck. The prisoner thon went to the dressing-table and took a gold watch and brooch off it. The watch and brooch produced I identify as the same." In a portion of the crossexamination I find that she stated " I did not say to the prisoner I have not got the money, but you can take the watch and brooch." In the examination in chief she said " these article* that were stolen were taken without my consent." In the cross-examina-tion she said " I swear that I did not say at any time on Saturday evening that the prisoner could take the watch and chain as security for the money, or any words to that effect. I did not give the prisoner the watch, chain, and brooch as a security. I did not allow the prisoner, with my consent, to take the watch, chain, and brooch as a security." The prisoner on that occasion was Luke Varey, and is referred to in the depositions as the prisoner. The statement was read over to prisoner before she signed it, and this is her mark witnessed by me. The case was heard by Dr. Giles, Eesident Magistrate. Dr. Giles proved that on the 22nd of May he heard a case in which the" present prisoner prosecuted Luke Varey for stealing a watch, chain, and brooch, her property. On that occasion, Mr Harris, clerk of the Court, took the depositions, which were read over to the witness before she signed them. Prisoner then swore that the jewellery was taken forcibly without her consent, and that was the material point in the case.

Luke Varey said—l am a miner, residing at Charleston. On the 22nd of May I was charged by the prisoner before Dr Giles with stealing a gold watch, chain, and brooch. The things were given to me by Alice Macfarlane in her own bedroom on the previous Saturday. I saw her in her own house on that day about five o'clock in the evening. At the time I was in company with Detective Lambert, and another person. I went to her house with detettive Lambert to give her in charge for stealing £6 from me on the Tuesday previous to this Saturday. I do not know how the door was opened but after some time we went in. At the time the door was opened I had gone a short distance off. When we went in the prisoner was there alone with her child. Lambert told her that he had come to take her in charge, after asking me if she was the person that robbed me. She was undressed at the time. I gave her in charge to detective Lambert, but she would not at first dress herself to go. Afterwards she did begin to dress herself, and I was called into the room, I do not know who called me in, but I think both by Lambert and the prisoner. Prisoner then said she had spent the money, but she would give the watch-chain and brooch as security for the money till she paid it me. The articles referred to now were those producedincourton the 22nd inst and atthe time were on a small dressing table, and she pointed them out and said I could take them. I gathered them up and put them in her lap. I got the chain from the table, and at the time the child was in bed. I did not take the chain from the child's neck, I took it from the dressing-table. At the time she handed me the articles she said, " I know that they will be safe with you,"l took the things. The brooch and the chain are now in my possession and the watch too. Cross-examined by Mr Tyler.—My self and detective Lambert went into the bed.room of prisoner. I was in the other room when she first said I could take the jewellery, but she repeated permission for me to take them afterwards when I was in the same room with her. She said she would give them as security for the money, and it was in order to receive them that caused me to go into the bed-room. I did say I would only take them in the presence of witnesses, I do not know whether Lambert and the other saw me take the things but they must have done so if they had their eyes open as they were present, and they must have heard what passed I should think. When we went in there was about about a quarter of a bottle of brandy in her room, and she drank most of it when we went out of the room. I do not know whether she was drunk or not, but I know that she was not incapable, for she could answer questions put to her well enough. I noticed the brandy when I went in the second time, and there was no one else to drink it but the prisoner. She was drunk in the after part of Tuesday referred to. By the Bench.—No threats whatever were held out to the prisoner before she gave me the things. She did not appear to bo excited or frightened, and she gave me them with her own free will. She was then perfectly

Composed and satisfied for me to have them. Kobort Lambert deposed,—l am a 'detective offieer stationed at Westport. I remember Saturday the 16th X)f May. On that day I was in at prisoner's house with Luke Varey. I had previously had a conversation with the latter relative to some money that had been stolen from him. I was present in tho execution of my duty as a constable on that occasion. We went to her house and we gained admittance by turning the handle and opening the door. Cooper was present, and the last witness had gone to get something to open the door with. As I found this was unnecessary, I called him back. "When I went in I Baid to her,'" This man has given you in charge for stealing some money, from him," or " This man is going to give you in charge for stealing some money from him." I am no't sure which I said. She replied that if I arrested her I must take her as she was, undressed. Afterwards I went into the kitchen and the last witness went back into the 1-oom and said that the woman had drunk all the brandy and gone to bed again. She then called out from the room that if he was frightened about his _ money he could take the watch, chain* and brooch* which were on the table, as Security. We had some comversation, that is Varey and I, about when the robbery was committed, and I then learnt for the first time that it was some days before. I asked if he had given information to the police, and when he said he had not, I said if I had known that I would have had nothing to do with it, and refused to take any further steps in the matter. I turned on my heel and walked out. He followed me and told me that she had given him the things, and that is all I know of the matter. I did not see him again till I saw him in Court charged with stealing them. By Mr Tyler—When he told me she had given him the things I was only about five paces from the door. Cooper was outside a little before me. I came out just as Varey went into the bedroom again. I did not see him put the things in the prisoner's lap. The only place I saw them was on the dressing-table. I do not remember him saying that he would only take them in the presence of witnesses, or anything to that effect. The prisoner, when we first went in did not appear to be sober. At that time there was a bottle with brandy in it on the dressing table, and I saw before we left that it had been emptied. I know the prisoner to be a woman of drunken and very bad habits. By the Bench—She did not appear to be sober at first when we went in, and I believe she drank the brandy in the bottle during the time we went out of the room. She asked me about the watch and chain on the next day, and asked who had it, but I said nothing to her about it. I believe though not sober, that she was conscious of what she was doing, and would have a recollection of anything she did. My idea was that she knew what she was saying at the time. I do not know whether Yarey took, or she gave him the things. I only know that she said he could take them as security. There was no one in the room but Varey and I herself at the time they changed hands. The conversation on Sunday was just after dinner.

Thomas Cooper, who was present with the last witness, corroborated the evidence he had given. This closed the case for the prosecution. The Magistrate said that unless Mr Tyler wished to call -witnesses, he had made up his mind to dismiss the case. After a few remarks from Mr Tyler, the Magistrate addressing the prisoner said —Alice Macfarlane, you are dismissed. I discharge you, not because I think you innocent, but because it is just possible at the time, through your being in liquor, you were not cons cious)of what you were doing. A jury would in all probability give you the benefit of this doubt, and I am not going to put the country to the expense of sending you up to Nelson therefore. At the same time I believe you have committed a most wicked act of per jury which, had you been believed, would have had the eifect of convicting an innocent man. He proceeded to give his reasons for believing that a jury would discharge her, and at the same time administered a severe and well-merited reprimand, concluding by desiring Inspector Iranklyn to let the police keep a sharp eye on her. The Inspector said he would do so, and the prisoner was discharged. The Court then adjourned till two o'clock, at which time two important summons oases were heard. i» - , The employment of British soldiers m India upon public works on the hills has very much improved their physical vigor and general welfare.