RESIDENT MAGISTRATE COURT.

Westport Times, Volume III, Issue 433, 19 December 1868, Page 2

RESIDENT MAGISTRATE COURT.

Ebibat, Dec. 18. (Before J. Giles, Esq., R. M.) GOLD ROBBERY AT ABDISON's. Terence M'Donald was charged with stealing from the hut of M'Geehan and party, at the Shamrock Lead, Addison's Flat, about 300 ounces of gold amalgam (which has not been recovered). Inspector Franklyn called the following witnesses:—

Frederick Donovan : I am a miner residing at Addison's. Last Saturday we had in our hut between 260 and 270 ounces of amalgam belonging to the party. It was kept m a desk, which was locked with an ordinary box lock. The desk was nailed on to the floor, and kept under the table. I saw the amalgam on Thursday night in the desk. I placed it there myself, and it was in my charge. I locked it on Thursday night, in the presence of M'lntyre, and on the following morning, I gave the key to M'Geehan. The value of the amalgam is about 21s per ounce. I know the prisoner. He resides in a house about thirty yards from our hut. He is a publican. He has more than once seen our amalgam put-away in the hut, and has frequently seen the result of the day's work. The desk was only brought into use for the first time on Thursday night. Before that it was kept in differrent places. I bought the desk. It had no lock. M'Geehan brought the lock from the Buller. Beforewe got the desk he attempted to put it on a case, but, not succeeding, the case, with the lock, key, and hinges were taken to the prisoner's house. They remained there a month or five weeks. When 1 wanted the lock for the desk, I went to the prisoner's, and obtained the hinges from the old case. I inquired of the prisoner where the lock was. He said " I don't know whether it is here or not." He then went into the bar, and took the lock and key from a shelf there, and handed them to me. He did not appear to search for them, but found them at once. The lock was put on the desk at the claim, and not at the prisoner's house. This was about a month previous to Thursday last, but the lock, although put on, was not used until Thursday last, when the hasp was put on. In the evening of that day M'lntyre and I went to the pr£ soner's to have a drink. We had made some noise hammering in putting on the hasp, and he asked us "What are you tinkering at?" I answered him, saying that we were " tinkering at the old desk." On Saturday night, I was Dot in the hut. We had a dog on the watch—a sort of bull-dog, savage during the day-time, when on the chain, but quiet when off the chain, and a poor watch at night. The prisoner is well acquainted with the dog, and I believe it would not molest him. On Monday morning, when I was at work below, one of my mates reported to me that the amalgam was gone. I came "on top," and I found the desk and lock uninjured—as sound as when I had last seen it. The desk was in its usual place, nailed down to the floor. The prisoner had, for months previous, been in the habit of visiting our hut frequently in a friendly way. He has been in the hut since the robbery—on the day on which we missed the amalgam. I did not toll him that the aaialgam was missing. By the Prisoner: You did not give me the old box on which the hinges were put. By the Magistrate : Ido not recollect when the prisoner was in the hut previous to Monday. He is in the habit of calling every day for the paper. Detective Lambert: I went to the prisoner's house on Tuesday last, accompanied by Constable Neville. I asked him if he had any objections to allow me to search the place, as there had been some gold stolen. He said he had not the slightest objection. I searched the place, but, before doing so, in looking behind the counter, I saw that his publican's license had expired. I searched the place, but found nothing of the stolen property. I went away, but as I was passing the place again, he called me. I went in and he asked me if the mates in a certain claim suspected hini of taking the gold. I said " I do not know what their suspicions are, but I certainly do suspect you." I said " there was no use hiding my suspicions. I considered from-what I knew, that no one could have taken the gold but he." He made no remark, and I left and went toM'Geehan's hut. I did not see the prisoner afterwards until Wednesday morning. I then saw him in Mr Gallagher's Hotel, at Addison's Flat. From other information that I received, I arrested him, and charged him with the robbery. I cautioned him. All he said, to the best of my recollection, was "I can't help it." I brought him in next door, to the Court-house, and searched him. I found on him £6 10s, a pipe and some tobacco. Along with Constable Neville I brought him to the lock-up, but I afterwards brought him to the Court-house, to get his dinner. While I was sitting in the outer room, previous to making some further inquiries, he called me to him. I went to the ward in which he was. He said he wanted me to do him a favor. I went and got the key and unlocked the door, and said " What is it, Mac ?" I said that, so far as my duty allowed, I would willingly do what I conld for him, as he had been of assistance to me in the case of Lennox's murder, by explaining the initials "J. L." He asked me for some tobacco which I gave him, and I said to him that I thought he should restore the gold, for although I could not promise it would be any advantage to him, yet it might be. He said " That's too late now. I know nothing about it." While at his house previously he asked me if I knew that the mates in the claim were always quarrelling with M'Geehan, and that, the other day, they had had a row. Inspector Franklyn asked for a remand. He expected to be able to produce further evidence in substantiation of the charge. The Magistrate, on that understanding, remanded the prisoner for eight days, admitting him to bail of £IOO, and two sureties of £SO each. BBEACH OP POBTAIi EEGULATIONS.

Charles S. Bascand, master of the Waipara, appeared to answer a summons issued against him by Thomas F. Winstanley, Postmaster at Westport, for leaving the port without due notice. Mr Pitt appeared for the prosecution, and Mr Tyler appeared for the defendant.

Mr Tyler applied for an adjournment, as the summons had only been received at 5 o'clock on the previous evening. Mr Pitt asked that a remand, if granted, should be extended until the Postmaster's clerk, Mr Frasor, could be present. The case was remanded for three weeks, on the understanding that it should be heard on any convenient day within that time. jft —4r