RESIDENT MAGISTRATES' COURT.

Wellington Independent, Volume VI, Issue 559, 19 February 1851, Page 4

RESIDENT MAGISTRATES' COURT.

LYTTELTON, JAN. 22, 1851. Before J. R. Godley, Esq., H. I. Tancred Esq., and E. J. Wakefield, Esq. George Armstrong, master of the cutter Katherine Johnstone, was charged by H. G. Gouland, Esq., the sub-collector of customs, with having five quarter casks of contraband spirits, and a hogshead of wine, on board his vessel. Mr. Gouland conducted the case for the customs, and Mr. Dampier appeared in behalf of tbe defendant. From the evidence adduced in support of the charge, it appeared, that Mr. Ballard, the acting landing waiter at this port, searched the cutter, on the 20th inst., by Mr. Gouland's direction, und found on board five qr. casks of brandy and a hogshead of wine. Mr. Ballard produced the last clearance which the master of the cutter had given him on that occasion, which stated the vessel to be in ballast. Armstrong had then told him that he had procured the spirits and wine from a French whaler at Akaroa. The master had prepared a report for presentation at the Custom-house, after Mr. Ballard had boarded the ' vessel. This was about a quarter past eleven ou Monday morning. Upon cross-examination by Mr. Dampier, Mr. Ballard could not state when the cutter came into the harbour. The first time he saw her was on Monday. Previously to his going on board, he saw Armstrong on shore, who did not say anything about the spirits and wine. He saw him afterwards on the jetty, aud told him, he was going on board the cutter Whilst in the boat, going off to her, Armstrong told him the wine and spirits were on board, and that he had been on shore to collect the money to pay the duties. The reason given by the subcollector for refusing the entry proffered by Armstrong, was because the vessel had been already seized. No impediment was thrown in the way of tho search: the hatches were closed, but not fastened. There was.ballast in her, but not sufficient to cover the spirits aud wine. Upon re-examination by Mr. Gouland, Mr. Ballard stated that Armstrong's admission as to the possession of the goods was after he had been informed of the intention to search. No money was tendered for duties, but Armstrong's willingness to pay was expressed. Baker Polhill sworn,—stated that he had told Mr. Gouland he had received information from Akaroa, that the Katherine Johnstone, had taken wine and spirit* on board from a French whaler, and that it was intended to land them at Sumner. He received orders to look out for her, and did so accordingly. He saw her coming up on Sundaymorning,and went over to Sumner. He went on board with Mr. Ballard on Monday. In all other respects this witness' evidence only corroborated Mr. Ballard's, v Mr. Dampier, made a statement on bei half of the defendant. i <.;.;'.< The case turned upon the'illegal un- f shipment of the goods from tlie Frenchvessel, which it seems is also liable to seizure, the Custom's ordinance" being* very explicit on this point. . :-.- . ° After a thorough investigation, tha Court came, to .the decision that the illegal unshipment had taken place, and that the vessel and, contraband goods were forfeited. Condemned accordingly.