POLICE COURT.—Tuesday.

Auckland Star, Volume II, Issue 498, 15 August 1871, Page 2

POLICE COURT.—Tuesday.

[Before Or. M. Mitford, and G. S. Graham Esq.'s, Justices.] Dbtjnkehness.—Three persons were disposed ot in the ordinary way for this olFonce. i Vagrancy.—Patrick Lynch was charged with haying no visible lawful moans of support.-—Tho case was withdrawn for this day, on the statement of prisonor that he would immediately go to work. BKEACHfis of Municipal Police Act.— William Flicker was fined fire shillings and costs for allowing a goat to wauder at largo. — Charlos Coaham, for leaving a cart in Short-land-street without having a horse harnetsed thereto, was fined in a similar amount. Bekach op InpouNniNG Act.—George May was fined five shillings ond costs for allowing a horse to stray on tho Parnell Road. Assault.—A charge of assault, preferred by Or. C. Colgan against R. Sandal), was adjourned till Wednesday. Perjuby.—The chirgo ugainst Solomon Friedman was adjourned till Monday next. Arson. —The charge of arson against James Leonard was then proceeded with. Charles Wallace deposed : I am engineer of the steamer Waipa. I was so on 6th Juno last. On that day I called at prisoner's place, at his request, when coming down the river. Some goods were taken on board ut his request. There was one large case, he said contained bacon, three of pork, a keg of butter, unrl one bale. They were addressed to E. Foley, at Otuhuhu. The lurgo chest on tho floor of the Court is the ono he staled to contain bacon. Tho other three cases produced are siiuilur to those put on board. They Wero duly delivered by mo to Mr. James Kidler.—Cross-exam-ined : Prisoner told me that all tho cases contained either bacon or pork.—James Eidlor, agent for Messrs. Scherff and Co., deposed: On the 6th of June last I received some goods pur Waipa, for Mr. E. Foley. There were three cases, a bale, a chest, aud a keg of butter. They were stated to be a chest of pork, and three cases of bacon. Ihe cheat produced fa similar to the one I received. The cases are similar, and the case is similarly marked. The bale was packed in the manner in which beds ordinarily are. I handed t'ae goods to a carter named George Clarke. A truss also arrived, addressed to Mr. Gilberd, which I likewise gave to Clarke. This witness was not cross-examined.— George Clark, ;i carter residing at Paputoitoi, deposen to tho receipt of tho goods, which he took from Point Bussell to Foley at Otahuhu, and thence to an empty house near tho tollbar, where ho left thorn. —Edward Foley, deposed : I am a publican residing at Otahuhu. Prisoner rented a house from mo in the early part of June. It was situated close to the toll-gale. About the 7th or Bth of that month, Clark the carter brought some goods to me from the Point. Leonard had told me a tew days before that his wife and children were coming down, and ho would send a few things for me to lake care of. I believo the case and other things produced aro the same. Clark told mo the goods had come from Leonard, and I sent them on to his house. About that timo I had not purchased any pork, butter, or bacon from Leonard. I did not retain any because it was bad —To Mr. Hesketh : My father's name is Edmund, and there are therefore two E. Foley's. The house was rented by prisoner irom my father. I I had not known the house had been rented from my father I would have taken the goods in. After Mrs. Leonard aud the children came to Otahuhu, the latter went to school, passing my place every morning. I heard prisonor say he sent them to Otahuhu because therd was no school at Rangariri.— Be-examined : I am the landlord of the Star Hotel, and my father sometimes resides with mo. At the time the goods came he was absent. When Mrs. Leonard arrived she brought two large hales with hot,* but no bacon or pork arrived.—Henry Gilberd, examined : In May, 1869, prisoner purchased a quantity of paperhanging material from mo, and paid for them. 1 received back a large portion of those goods on the Bth of June last, with a note from Leonard. [Note read.] A few days afterwards I saw prisoner, and ho asked if I had sold them on his account. This was tho first transaction of tho kind I had with him.—By Mr. Hesketh: I have sold the greater portion since, and have paid prisoner. In any case we would take back unsold goods at wholesale price, but I do not remember that any specific arrangement was made to that effect in tho present case.—This concluded tho case for the prosecution.— The evidence having been .road over to the prisoner, he was asked whether he had anything to say in his defence.—Mr. Hesketh submitted that there was no evidence whatever to show that prisoner had had any hand whatever in putting his hand (o the building for the purpose of setting fire to it. He also urged the great expense which would accrue

;o the country by bringing a host of witnesses .o Auckland again to give evidence at the i 3upreme Court. Although there were loubtless things in the lißt which were not lestroyed in the fire, it by no means followed .hat prisoner had fired the place. Not a .ingle article could be identified as one of those which were actually placed upon the list of-things destroyed, which was handed to the Insurance Agent. Tho learned gentleman wont on to comment at great length on the various facts of the case, as deduced from the evidence of the various witnesses, and urged strongly that there was nothing against prisoner but mere ill-founded assumptions. —After deliberating for a short time, their Worships stated that as there had been two adjournments of the case, they had been enabled during its progress to give it every consideration, and they thought that quite sufficient evidence had been adduced to warrant them, under the discretionary powers vested in Justices of the Peace in regard to probability of conviction, to warrant them in sending.the case to the Supreme Court for trial. They, therefore, committed the prisoner for trial at the next criminal sessions of the Supreme Court, — allowing him bail, himself in £500, and two sureties in £250 each.