RESIDENT MAGISTRATE'S COURT.

Westport Times, Volume II, Issue 325, 15 August 1868, Page 6

RESIDENT MAGISTRATE'S COURT.

Monday, August 9, (Before J. Giles Esqr., EM.) VIOLENT ASSAULT. James Darmstadt was again brought up, charged with having assaulted John Smith. The injured man was still too ill to appear. The evience of Inspector Franklyn was taken but was not material. Dr Thorpe deposed : —On the afternoon of the 4th Smith and another man called upon me. Smith appeared to be suffering great pain and complained of having been beaten between 12 and 1 o'clock that morning, and at that time he was suffering from the retention of nrine. I sent him to the hospital and attended him there. He is still there and unable to attend the Court. I found a quantity of blood in the bladder of the injured man, and at that time Smith was in a state of collapse and was suffering severely from los 3of blood. There seemed to be little chance of his recovering and I thought it right to have his deposition taken, as he appeared likely to die. Since then he has rallied, and I think he will survive, for he has im proved daily. The only external injury, was a slight bruise about the. left hip bone. I think that the serious injuries were occasioned in the manner described by Smith, a kick, a fall, or a strain would do it.

By the prisoner:—-The symptoms coukl. have been occas.oned by a strain, but it is unlikely. The effluvia from a closet could not give colic, and occasion the symptoms. TheprisoTjer Was further remanded. OBTAiNixu noons itn'oer false IMIETEXCES. John Leathern on remand, surrendered to his bail to answer the above charge.

Detectiv' Lambert said—On tho (lie 17th of last month I was in company with detective 1 Toward oft he N. S. "Wales police force in Sydney and charged the prisoner—at the Central police court watchhouse —with the offence contained in the warrant produced, that of obtaining goods miller false pretences, from Messrs

EJhrenfriod Bros, of this town. Howard road tho warrant to him, after which he said,! did receive the goods mentioned. Wo searched the prisoner and found a purse with IBs 6d ; and some other articles on him. I proceeded to a house in Wooloomooloo where prisoner said ho lived, In a room there vvhich prisoner said was his Howard searc'-ed some boxes and found only clothes and papers. A letter that we found we wore about to read, when prisoner snatched at it and tore half of it, saving he would not allow his private letters to bo read, and destroyed it. Tt was dated Nelson, May 29th, and was addressed to a female, stating that he was going away that it was no use for him to hide, and that ho had not done so. The signature had been torn up, but the writing was that of prisoner. Prisoner asked me once or twice if he paid the amount what would the consequence. I think he meant to enquire if the payment of the money would be sufficient to release him. He also told that he had sold the hotel he had in Weatport some time previous to his leaving. He was brought before the Court at Sydney ou tho 18th of July, and remanded to the Colony of New Zealand.

Louis Ehrenfried deposed—l am a merchant trading with mv brother under the titleof Ehrenfried Brothers. On the 22nd of May last prisoner came to our store. He had been previously there ou the 21st with a female, aud bought some trifling things there. He pulled out a large roll of notes and tendered me a £lO note in payment, but they only came to three or four shillings, and I had not sufficient change in the house. I remarked you seem to carry a large amount of money about with you, and he aeplied yes, I have just sold my share in the Quartz Reef for £450. The next day the 22nd, he came again by himself and he said " I've sold all my interest in the Quartz Reef, and I intend to make my hotel in Westport a first class hotel, in fact the men are working at it now. The wines and spirits I have bought from other parties I am not satisfied with, and I wish to give you a trial, but I must tell you you must put the things as cheap as possible as I am buying for cash." Subsequently on that day he ordered 5 gallons of port wine and a case of brandy, the first worth £ A 10s, the latter £3 3s, and they were sent to his hotel on the Esplanade. There was nothing further said. I had known him previously as the proprietor of the Steam Packet hotel. Isold for cash, and thought I should receive the money on the goods delivered. Had I not thought he was the proprietor of that hotel, I should not have given the goods, and he specially told me he was the proprietor. I have not been paid any portion of the money. On the 23rd he ordered a case of porter which was sent, its value was £3 4s and this has not been paid. A few days later between the 23rd and 27th. I presented the bill of £lO lis, wkm he said that it was all right, that I was to send him two gallons of brandy, and that he would come up and pay the bill alfc-ge-ther. He came to the store a short time after with an empty keg and told me to give a man, who was with him, the brandy, and he would be in again in a minute or two and pay mc. I gave the brandy whiph came to £2 8s and I never saw prisoner again till after his arrest. The same or the next day I went to the Steam Packet hotel and asked for him. I saw the woman that had been at our shop with him, and was led to believe that he had gone to the Caledonian. I could not find him.

By Mr Tyler—The last sale was on the 27th of May ; on that day, or the day after I tried to find him, and was then told that he had been called suddenly to the Caledonian. I made enquiries to see if he was there, but could not find him. After going repeatedly to the Steam Packet hotel, I was told by a man at the house that it was his, and that Leathern had gone. This might have been a fortnight after the 27th, and I spoke to the police on the subject. On the 19th of June I laid an information. I did not lay it before because I knew Smyth and Co had got a warrant, and wanted to see if ho was brought back on that. If he had been brought back, I should have laid an information. I went to the police to see as to the expense of bringing him back several days before I laid the information. Buying for cash 1 consider paying for the goods the following week,

! any time within a few days. If I do ! not got the monoy tho first time 1 call for it I do not Consider it a cash transaction. The*reason I did not insist on having tho money when I first called for it", was because ho ordered more brandy, and said he would he at my place in a few minutes arid payalto'ge* ther. At the time I went there, there were people in the house painting and working in the house as weil. At that time I supposed Leathern was keening the hotel. I never had any transaction whatever with the woman on the 22ud she did not buy tho case of brandy. The only representation, he male as to the present was that men were working at his hotel and that he intended in future to make it a first class hotel. I went there a few days after, and men were working there. It was because bo was going to spend a amount of money on the hotel, that lie represented as his, that supplied him with these goods. He used the words "my hotel " I positively swear. It is usual for persons renting houses to speak of them as theirs. I saw Mr Martin on Saturday evening last, but said nothing of importance to him. Mr Martin said ' that he was very much afraid that Leathern would put them in f>rdama<jjes for bring iug him back. By " them " I mean *ho parties who signed the paper to pay the expenses of prosecuting prisoner. I think there were ten or twelve subscribed a certain amount of money in conjunction with the Government to bring prisoner back. In all there were thirteen or fourteen. They selected me to swear the information as my goods were clearly got under false pretences. I did not authorise Mr Martin to compromise the case by payment of 10s in the pound. I was careful what I said as I knew what I said would be brought up to-day. Thomas Ashton, a miner, said that he was the owner of the Steam Packet hotel on the Esplanade, and believed that he was the owner prior to the 22nd of May, but could not tell as his papers were in Nelson. He bought from the prisoner, and paid money for it to him. Leathern had no interest in it after witness purchased it, and he never leased it to anyone. At the time he purchased it was a licensed house, and Leathern was the holder of the license. He let the place to a man named M'Gruerin at 30s per week, on May 25th. He was the proprietor of the hotel a month or so prior to May 25th, and during that time Leathern was conducting the house and renting it from witness as a weekly tenant. By Mr Tyler—Leatheru's tenancy expired on or about the day that M'G-uerin commenced. Whilst bis tenant Leathern had men employed making improvements in the place. There was an arrangement that if at any future time Leathern could pay the money Leathern owed witness, the latter would convey it back again. Leathern owed witness £155 at the time the property was transferred. By the Bench—There was no covenant in the deed relative to conveying the property back to Leathern. "Win. Robertson, auctioneer, proved that the Steam Packet hotel was put into his hands for sale on the 20th of June.

Caleb "Whitcford, "Warden's cleric, proved that the license of the Steam Packet hotel was transfered on the 16th of May last from John Leathern to James M'G-uerin-James M'G-uerin proved that he took possession of the Steam Packet hotel within a day or two of the time the license was transferred to him.

On being asked if he had anything to say, in the nsual way, prisoner said I did not leave the place with any intention of stopping away, previous to leaving I had been warned on the jury, and I called on Mr Harris and told him that I should not be in the Buller on the day I was warned on the jury. I also asked the bailiff to strike my name off the list, but that it was my intention to return any time, as when I came back the place would be given up to me. Thero was an announcement made in the papers that I had sold out my shave for £l6O, and the only money I received was £4O cash, I sold out on the condition that .1 was to receive assistance from Mr Martin in the first gold that came from the reef; the consequence was that there were no returns and Mr Martin even went so far as to offer me his bill to settle with my creditors. I received the goods from Mr E'ircnfried and admit owing him the money, but under no false pretence; I used no false pretence whatever. Part of them, the case of brandy, I did not order myself. Also, two gallons of brandy were got by simply asking him to serve me. That is all I wish to say. Mr Tyler made an able speech in dofence, contending that the prisoner had been guilty of no false pretence

•whatever in the eye of the law, but the Magistrate thought it was a case for a jury, and committed prisoner for trial, bail to be allowed as before, viz, self in £SO and two sureties of £25 each.