POLICE COURT.—Tuesday.

Auckland Star, Volume I, Issue 176, 2 August 1870, Page 2

POLICE COURT.—Tuesday.

(Before J. Naughton, J. Newman, and G. B. Owen, Esqs., Justices). DRUNKENNESS. John Johnston, a very old man, was charged with drunkenness (a third offence). As he appeared to be very ill from the effects of drink and the infirmities of age, was ordered to be sent to the hospital. MUNICIPAL POLICE ACT. T. Freeman, charged with having his chimney on fire, on July 29, was fined 5s and costs. IMPOUNDING ACT. D. May, charged with allowing three cows to stray in Symonds-street, on July 24, was fined 5s and costs. LARCENY. George Given and Richard Given were charged with having, on the 22nd Tune, stolen from the Manukau, 5,000 feet of sawn timber, value £25, the property of William Brimner. Mr. Bennett (for Mr. Brookfield, who was detained by illness) for the prosecution; Mr. Wynn for the defence. William Brimner deposed: lam a carter, residi- gat Onehunga. About the middle of May the Challenger schooner was wrecked at the Manukau Heads; she was loaded with timber, on her way to Lyttelton. I saved about 25,000 feet, and carrying it from a quarter to half a mile, I stacked it in a gully on the coast, and leaving a man in charge of it, I came to Onehunga. I tried to find an owner, but could nov. I went down to the timber and took what was there to Onehunga. We had counted each day's carrying in stacks ; they had amounted to 24 or 25,00.1 feet. Found that on my return there had been removed about 5,000 feet. Saw a portion of this in a creek within half a mile of Given's house ; saw none of the timber in the possession of defendants. From what I had heard from the man in charge, I went to look for the timber. That which I discovered was like the timber which I had. This was seven or eight miles from where I had stacked it. I o Mr. Wynn : I went to Onehunga to Captain Synionds to lay the information, and was told I could only bring a civil case; it was then that I came to Auckland. The man I left in charge is called " cranky Jack." Have not been able yet to find an owner. I enquired at the Customs, they said they had nothing to do with it. I have made every p< ssible enquiry. I asked at the Cornwallis Saw Mdls where the timber came from, and they could net tell me. I saw Mr Rowe ; he sail he did not know whether it beonged to bun or Mr. Fairw ather. I understood from him that it belonged to one or the other. Even after this I had no idea to whom it belonged. I carried about 16,000 feet to Onehunga; Mr. Cochrane has ..bout 3,000 feet in his charge. Evans, the assistant pilot, recovered some; so did Short, Palmer, and Irwin. Had no authority to stack the timber ; I put no mark on the timber ; there was no distinguishing mark by which I could identify the timber. Mr. Irwin .did not go to defendant's at my request; I never gave him a list of timber to show the defendants. I never made proposed terms to Irwin ; he did to me, but I refused. I advertised this timber for sale on my own account. ■ Re-examined by Mr. Bennett: I saw the Marshal of the' Admiralty Court on the subject. To the Bench : Where tho timber was found was in the direction of the -wreck from my stack. I left 2,000 or 3,000 feet in the wreck. No one else could have picked up any of the timber but myself. I never advertised for the owner. I picked up all the unbroken timber. To -Mr. Brookfield (who had come into Court) : After stacking the timber, I consulted Col. Balncavis and Mr. O'Brien as to what I should do. This was before I took it to Onehunga. John Fern deposed to having been employed by Brimner to look after the timber. On 22nd June I went to the signal station for victuals, and returned next day at 5. The stack was untouched when I left. On returning, I missed between 3000 and 4000 feet. On the beach near the stack I observed marks of wheels and bullocks. I followed the tracks to where the wre"k was, and met Mr. Cochrane, and in consequence of what he told me, I returned to the stack. I had seen the defendants walking on the beach at high water on the previous Sunday and looking at the timber. I have not seen the timber since it was taken away. Thomas Cochrane deposed : I am a farmer living at Waitara, Pollock settlement. On the morning of 23rd June I saw the defendants with a team of bullocks and a dray, of their own constr .ction, bearing sawn timber. They were heading towards the Pollock settlement. The peculiar wheel track led to Brimner's stack. I said, "Chaps, you will go to the Court; Brimner will have you up for it." One said there was no fear. George Given said they were getting new harness from Auckland, and would take it all away; that he would have four bullocks, and clear the beach from end to end —from Waiuku to the South Head ; that I was a d—d fool for carting such rubbish when there was so fine timber there. I said, if he thought he was right, then to go on. I told Fern what I had seen. D. Henderson deposed : On the 23rd June I saw the defendants' feeding buTlocks and carrying timber. Last witness was with me. Followed the track to Brii.ner's stack. The timber on their dray was similar to that in the stack. Did not see that timber since. When we met defendants, in conversation they said that they had enquired in town, and that Brimner could do nothing. There w s some good timber besides Brimner's on the beach, about <•. quarter of a mile from "where the wreck happened. I should sa_\ about two hundred feet, but I don't kuow ni eh about timber. Alexander Brimner deposed : I am the son of prosecutor. Defendant (George Given), came to my father's about June, to enquire if I could sell the timber. I said no ; that father was sick. lie asked to whom can Igo ? I said I did not l<now. This losed the case for the prosecuiion. Mr. Wynn asked the Bench if it was-neces-sary for him to say anything in reply ? The Bench held that there was no identification of the timber, and dismissed the case. The Coii'tthen rose.