RESIDENT MAGISTRATE'S COURT.

Westport Times, Volume II, Issue 267, 9 June 1868, Page 2

RESIDENT MAGISTRATE'S COURT.

Monday, Juke 8. (Before J. Giles, Esq., R.M.) PERSONATING A DETECTIVE. Edward Smyrk was charged with stealing a bottle of gin, and falsely representing himself as a detective. Mr Tyler appeared for the prisoner. James Mac Garrall said that about 2 o'clock on Sunday morning defendant came to his house knocked him up, and searched the house, taking away as he thought, at the time, a bottle of gin; subsequently he (prosecutor) found that the gin had not been taken away, but only moved from the place it was. " Prisoner said he was a detective, and professed to be in search of some one; and in doing so went into every room in the place but one which was locked. "Witness gave information to the police, and the prisoner was arrested the same night at the Empire Hotel. In crossexamination by Mr Tyler, witness admitted that prisoner appeared the worse for liquor. Mr Tyler submitted that the offence had not been proved, for that prisoner had gained no benefit from the false

pretence; the fact was, that he was the worse for liquor and was looking for a woman, and thinking she was there went into the house as described. There were eight witnesses in attendance to prove that prisoner was a respectable storekeeper at Mokihinui, and had a large sum of money in the bank; unfortunately on the night in question he had had too much to drink, but he had no improper object in making the pretence complained of. The Magistrate did not see enough in the evidence to justify conviction on the charge made. If prisoner had been charged with being unlawfully on the premises a different decision might have been come to, and under that charge prisoner had rendered himself liable to a twelve months' imprisonment as a rogue and vagabond. The cass was dismissed. UNLAWFULLY OX THE PREMISES. James Darmstadt, for being illegally on the premises of Messrs Parer and Arenas, was sent to gaol for one month. Jas. M'Naughten, for drunkenness, was fined 20s.