POLICE COURT.—This Day.

Auckland Star, Volume I, Issue 79, 9 April 1870, Page 2

POLICE COURT.—This Day.

(Before T. Beckham, Esq., R.M.) '■' ' DRUNKENNESS. Peter (a Wahu), John Lewison, Edward Lynch, were charged with being drunk, and were fined 5s and costs, or to be imprisoned for 48 hours. Leiitia Hughes and Luke Reilly were fined 10s and costs, or to be imprisoned 48 hours for the same offence. Mary Jane Smith for a third offence pleaded not guilty ; evidence was taken, and she was fined 20s and costs, or to be imprisoned for 48 hours and 7 days additional. ALLEGED LARCENY. Peter Kilien was charged by John Messurer with having broken open his box on board the Inflexible, on April 7,: and stolen-therefrom 14s.

Pleaded not guilty. John C. Messurer, deposed : I am an able seaman on board the Inflexible ; prisoner is the same. Had a chest on board containing my clothes and money ; had 13s. 6d. in silver and 6d. in coppers. Saw it yesterday locked, and had the key in my pocket; saw it again at 6.30, it was then broken open and my money gone. Could not identify the money. John Woodron, deposed: I am an able seaman on board the Inflexible. I was painting the foi'eyard yesterday. Last witness had a box on the starboard side of the forecastle; came down and saw Kilien and another man in the forecastle ; he commenced to kick the box. I came and. told Messurer; lw did not come back immediately. Prisoner was a little drunk. Prisoner was discharged. BREACH OF THE CUSTOMS REGULATIONS ACT AMENDMENT ACT, 1868. The, charge against Lawrence Lazard for breach' of the' above Act, adjourned from yesterday, was resumed. Alexander Rose, deposed: I am Landing Surveyor at the Port of Auckland. I produce the manifest of the ship MaUard from London. (The manifest. was 'objected to as evidence unless read.) I see the packages A.L.C. 672-7 included; found them so described in the stores of the' defendant on Saturday, the 26th March. Saw one package the first time, viz., 676 ; left the building in charge of Henry Parker, Custom's Officer. Found a broken head stone : put my hand in and took out what I considered a Parian vase, similar to that produced, which is part of the same cask, and has my mark, " Mallard 676." Saw the defendant first after this_in the Custom-house, Mr. Hepburn, the receiver, was present. Defendant cliinied the samples as earthenware: Mr. Lazard and Mr. Hepburn had brought on the samples with them. His conversation was addressed to the Collecter; Air. Lazard' applied to be' permitted to make a post entry and to leave it to the decision of the Collector, or two merchants in the' trade, as to the quality of' the' wares. This was said with reference tp.' wliat I had Beized as Parian ; the Collector said he would take into his consideration the matter of the post entry, after lie should have satisli-' ed himself respecting the package, as to which I was enquiring; that is, the packages which I had not yet seen. Defendant agreed to go with me to his store, and did so ; he there pointed out to me a package at, the far end of the store, whicli'he stated to be either " butters" or " glassware," I do not recollect which ; it was one of those I was in search of; it had not apparently been opened at that time. It was either 672 or 673. •' There was another cask which had been emptied, and the contents of which he pointed to, : placed on shelves ; he told me that these were the ; con-! tents of one of the casks. I did not see the cask. Ho had to account to me for three casks, viz.:—ALC 672, 673, 677. There was yet 677 to be accounted for. The articles on the shelves were " glass butters"' similar to those produced. Saw thfr contents of 677 ; they also are similar to those produced. He-stated that 677 had been unpacked, and pointed out the contents.i Cross-examined by Mr. Wynn : I am aware of the nature of the information produced. I know the exact charge. Cannot say in which of the four casks seized the articles produced, were contained. In. the Customs the' term cask would include hogshead, quarter-cask, or barrel of any kind, if applied to liquid goods the terms would refer to different capacities. Had already, seized one, and was in search of three. Cannot say of the four which was the subject-matter of this prosecution. Cannot say whether or not the goods produced were from the casks which are the subject of prosecution. At first defendant gave every facUity—not subsequently. This was after he was aware of the prosecution. Defendant did not produce the invoices iv my presence, never saw him produce the invoices. Saw some invoices on the Monday following in the custody of the Collector, who retained them for a time ; but gave them back, to the best of my recollection, on the following Wednesday, when they were restored by me to Mr. Lazard, in his own office. All that time they were in the Collector's possession, and I had gone through the figures in them. Only know from hearsay how the Collector pot the invoices ; but was aware of the fact that defendant had handed up some invoices to Mr. McKellar. Defendant offered facilities whon I was searching and making enquiries. He in no way obstructed me.

Re-examined by Mr. MncCormick: Gave no obstruction when searching for the goods. Subsequently to the seizure, when we were on the step, defendant slammed the door, and shut us out. Two of, the casks contained glassware, and two Parian; nil were entered as earthenware.

Henry Parker, examined by Mr- Brookfield, deposed.- lam a messenger in H.M. Customs at Auckland. Recollect on the 26th March having conversed with defendant about the passing entry of certain geods ; wife present when Mr. Lazard pointed out certain goods on the shelves to Mr. Rose. Mr. Lazard said they had come out of two casks, which were not to be found on the premises ;he did not in my hearing state the numbers that had been on the casks. Mr. Rose. asked him :fer two particular casks, and defendant pointed

to the articles .on the shelves £ these goods were glassware and Parian, similar to those now produced. I opened the^ other casksthese produced were taken out of the casks on Mr. Lazard's premises. This concluded the case for the prosecution, and the Court adjourned at half-past twelre to a quarter-past one. The Court resumed at 1.40.

Mr. Wynn made a most able speech for the defence, contending that it was the duty of the Crown to make out a prima facie case • this they had failed to do, and also had utterly disproved as to the criminality of the offence, as charged against his client. M r , Wynn had very carefully went through the opening address of the Crown Prosecutor, making comments upon the same. Tho learned gentleman then went on to say that the goods as stated in the information as Parian were not Parian, but made of a material to imitate that manufacture. Judgment for plaintiff.