RESIDENT MAGISTRATE'S COURT.

Westport Times, Volume III, Issue 417, 1 December 1868, Page 2

RESIDENT MAGISTRATE'S COURT.

Mondat, Not. 30. (Before J. Giles, Esq, R. M.) BREACH OE THE PEACE. Martin Packer and David Beveridge, charged with creating a disturbance by fighting near Beauchamp's wharf on Saturday afternoon, were each fined 205., with the alternative of 24 hours imprisonment. BEHOVING DKIETWOOD. Antonio Rose, was charged with removing driftwood from the beach between the Buller and the Orawaite without the permission of the Harbormaster. A constable stated that he had seen the defendant with a piece of timber about twelve feet long, and some smaller pieces. When spoken to by the constable, the defendant said he had just come down from the country and was not aware that he had committed any offence. In reply to the Magistrate, the defendant said that the spot from which he had taken the wood was a quarter of a mile north of the Buller, and that he had taken it to boil his billy.—The Magistrate : You have made yourself liable to a fine of £5. I shall take into consideration that the quantity of wood taken was small. But in any future cases I shall inflict a heavy fine. I shall fine you 20s. and the costs of the information. —The defendant; I have got no money. You will have to put me in "jchokey."—The Magistrate : In default of payment 24 hours' imprisonment.

THEFT OE MONET. Ann Fallagher was charged with stealing £5 10s, from Patrick Parley at Addison's Flat. Mr Tyler appeared for the prisoner. Constable Maguire proved the arrest of the prisoner. She denied having taken the money. Patrick Farley: I went into the house of the prisoner, at Addison's Flat, at half-past eight o'clock on Tuesday morning. I had a£s note, a £1 note, a half-sovereign, and some silver ; and I had a bottle of spirits in my breast. I was under the influence of drink, but was not drunk. I had my faculties about me. I had two drinks there, and, after the second, when I was going away, she seemed disposed to detain me. I went out to an adjoining house (Mrs O'Laughlin's) to pay some money, she accompanying me, and I returned with her to her house. After I had returned, she put a handkerchief across my face, and I seemed to lose my recollection. I was dozing over the fire, when I felt her right hand in my left pocket, I " pinned " her hand in the pocket, and asked her what she was doing. She said "I was looking if you had any money." I said " I am robbed." " Yes," she said, " Mrs O'Laughlin robbed you." " No, indeed," said I, " you have robbed me." She took the half-sovereign out in her hand, and " stuck to it." I found that the £5 note was also gone. I thought she was only keeping the money from me for a day or two, but after her repeatedly refusing to give it up, I laid the information. The witness was cross-examined at some length by Mr Tyler, who was about to call evidence for the defence, when

The Magistrate said he did not think "he should trouble him for any defence. He did not think there was any case. It was one of those cases which was always open to suspicion. It required to be more clearly proved to justify him in sending it to a jury. The prosecutor seemed to have lost some money, but the evidence was not clear as to what became of the £5. His evidence altogether was not reliable. He tried to make out that the prisoner had given him chloroform—a sort of statement which rather threw suspicion on his evidence. He (the Magistrate) had no doubt that the prosecutor was very drunk during the day in question.

Mr Tyler said thai; he had in afcten-

dance Mrs O'Laughlin, who would have entirely cleared the matter up, and have shown the statement of the prosecutor to be altogether false. He desired to say this, because it went forth in the newspapers that the prisoner had been so charged, and, if the case had proceeded, it would have been shown that there was not only no evidence, but no case.

THE BITER BIT. James Rowley, well known at one time as a member of the detective force in Otago and on the West Coast, was charged with entering the premises of Samuel Hughston, hotel-keeper, Wharf street, and of stealing therefrom a pocket-book containing a £1 note of the Union Bank of Australia, and a cheque for £2 on the Bank of New Zealand, drawn by Robert Lambert, ia favor of Hughston. Constable Irwin: About nine o'clock last evening, I was sent by Sergeant Williams to watch the back of Samuel

Hughston's premises in Wharf street —the Criterion Hotel. I stood in a recess where beer is kept. While I was there, I saw Hughston go in at the back door, and, five minutes afterwards, I heard him go out at the front door and lock it. A few minutes afterwards, Sergeant Williams came up, and stationed himself about fifteen or twenty yards from me, at the back of Roache's publichouse. From that point, he had a view of the back-door of Hughston's house. He was not there long when I heard a footstep in the yard. I looked out through a " chink " in the door behind which I was concealed, and I thought I saw the prisoner Rowley pass by. In about five minutes afterwards I heard footsteps in the yard again. I could then hear the back door beiug opened, and some one went in. Directly the person went in, I heard the sound of boxes being moved about. There had been no sounds previously. I also heard a noise as if calico were being cut or torn. I also heard a match struck, and could see the light. A short time after I heard the back door closing, and the prisoner walked past, within three paces of where I stood. I jumped out, and arrested him ; and, with Sergeant Williams, brought him to the lock-up and searchedhim. We found a pocket book, containing a £1 note, of the Union Bank, a cheque for £2 drawn by Robert Lambert in favor of Samuel Hughston, and some private letters and papers addressed to Samuel Hughston. He wished to know what he was charged with. I told him he was charged with breaking into Hughston's public-house, and robbing it. He said "it was as well to be in jail as to be at large without money." By the prisoner: Tou gave me the pocket-book, saying " I know what you are looking for." I did not open the book in your presence. I stated the charge to you after you were in the cell. I believe you have been living at Hughston's for the past week. Tou did not say "it is as well for some men to be in jail." Sergeant Williams: I stood in a porch about twenty yards from Hughston's back-door, so that I had a full view of it. I heard a man enter the yard and leave, and I went into Mr Roache's dining-room forafew minutes. I then returned to my original position, when I saw a light in Hughston's. As the prisoner came out, I ran up, and with Constable Irwin, arrested him, and accompauied him to the lock-up. The Magistrate asked Inspector Franklyn if forcible entry or housebreaking was likely to be proved. If not, the value of the property being under £5, the case could be dealt with summarily. Inspector Franklyn said it appeared that the prisoner was living at Hughston's, and the prosecutor was unable, to swear that the door was locked The prisoner had, in fact, free access to the premises. Samuel Hughston: I identify the pocket-book and its contents. I saw it last about 9 o'clock last evening. It was under my pillow,in my bedroom. I left my house about that hour, going out at the front. There was one man sleeping in the house, but he was intoxicated. I could not swear that the back-door was locked. The prisoner had boarded with me for a few days, and lived in an adjoining cottage belonging to me. By the prisoner: I saw you on the the wharf after leaving the house. We had been drinking together pretty freely together for several days, but I hadn't the " horrors." Inever had them. I did not give you the poeket-book, because I had " the shakes " upon me, and the money was not yours, any more than that you may have spent some of it in the house. I might have had a bit of" a shake," but I knew what I was doing.

By the Magistrate : I got a little information that the house was to be " stuck up," and I was told that the prisoner was the man who would do it. The prisoner: I came to Hugh* ston's on Monday, from Addison's. I had got £ls, and two £1 notes. He had been on the spree, and, in fact, we both got on the spree together. We both got drunk, and he afterwards got very shaky. He gave me the pocket-book to take care of for him, and there ought to have been £7 of my own money in it. When I was brought to the station by Constable Irwin, I was locked up, and it was not until some time after that I was told what I was charged with. I gave up the pocket-book, and thought the affair was only a " lark." I was going away by the John Penn to-day. Inspector JFranklyn, who Was called by the prisoner, said the prisoner had lately received notice to leave the police service, in which he had been for two years. The notice was not given on account of any misconduct, but in consequence of a reduction in the force. He asked to be allowed to leave at once, and leave was given> with a month's compensation. He received, on his discharge, £42 14s. He had received a good character from the late Commissioner, and he (the Inspector) had also given him a good character.

The Magistrate said that, if the evidence were to be believed, the charge was fully made out, and he did not see any reason to disbelieve the evidence. The prisoner's statement that some of the money belonged to him, or ought to belong to him, was not to the purpose. Of course there was an aggravation of the offence in the fact that the prisoner had been a member of the police force for nearly two years. He (the Magistrate) should not be doing his duty if he inflicted a less punishment than six months' imprisonment with hard labor; and he sentenced the prisoner to imprisonment and hard labor for that period. A charge brought by the Post-mas-ter against Captain Palmer, of the steamer Charles Edward, the nature of which, was not stated in Court, was adjourned for a week.