TAURANGA R.M. COURT.

Bay of Plenty Times, Volume I, Issue 25, 27 November 1872, Page 3

TAURANGA R.M. COURT.

M.OXDAT, Js'oYEMBFR 25. [Before Hshky Cxakke, Esq., R.M.] DK tTjnCE.V NE33. One drunkard was treated in the usual manner, TUES-DAY, NOVEMUEII 20. [Before U. Clarke, K?q., 8.M., and Major Roberta, J TUBEATEJ.'IXO JIAKOPAGE. Jonathan Brown wag charged by Patrick Barry with having, on the 20th November, used threatening language towards him, the complainant—namely, that “ ho would punch his head.” The evidence was totally devoid of any public interest. The Bench considered tho charge a trivial one, and dismissed the case with costs. * AIXEGED PEArn, William Wiglcy Moffatt was brought up on remand, charged with obtaining goods and money amounting to £8 Os 6d by means of false pretences from Lewis Samuels, merchant, of Tauranga; The prisoner pleaded not guilty. Detective Kell conducted the case for tho prosecution. Lewis Samuels deposed : I am a merchant residing in Tauranga, and a partner of the firm of Samuels and Jacobsohn ; prisoner came into our store on or about last Friday fortnight, with Harry Katere, a native ; ho asked me if a man named 8 mailman did not owe me some money ; I told him he did ; ho asked me if some arrangement could be made with regard to payment of the same, as ho said he had bought or leased a house at Ohinomutu, and had taken 8 in all man into partnership with him ; he also I said he had some goods there, and expected a largo amount more down in tho steamer, and he would not like his goods to be seized for a small debt of Smalltnan’s ; prisoner asked mo if I knew a vessel called the Albion ; I replied that I know a whaling barque of that name ; prisoner then said, “ I have sold that vessel to J. S. Macfarlano,” and produced what purported to be a promissory note for over £I,OOO ; this was ail that occurred on that occasion ; I did not see prisoner again until Saturday evening, when I told him I was going to Maketu; he replied, “I would like Harry Katere to go with you, as another native, Honi Weraheko, is coming down to fetch some goods with money that I gave him prisoner said, “ I shall want some goods in the morning prisoner came to our store next morning, and purchased some clothes ; he promised to pay me on the following morning, as ho had not had 1 is teleg.am about money ; he said ho was going to see old Mr Faulkner, and then walked down tho beach with mo towards the ferry bout, accompanied by Harry Katore j ho promised to pay all Harry’s expenses; ho (speaking to me) said, “ You’ll bo sure to bo back to-morrow, as I want my natives to start away packing goods prisoner told me he bad only lately come out from England, and that he bad sold a barque called the Australasian ; I left for Maketu, and returned on the following Monday ; I heard that Mollatt had not been seen since Sunday morning j I met Jarvio Faulkner, who lives at Otumaita;, and asked him if he had seen prisoner; Faulkner said, “No, there’s been lots over here for him I then told Detective Kell about tho matter, and laid tho present information against the prisoner. To Detective Kell: I thought the promissory notes were genuine. Tho one produced is tho same prisoner showed me. He said the bills were proceeds of the barque Albion. He said ho would pay £2O down, as soon as the steamer came in, towards Smullman’a debt, and the remainder by weekly instalments. I never transacted any business with prisoner previously. I am not in the habit of letting strangers have goods without tho money, but I allowed prisoner to have those he purchased on the strength of the representations he made to me. Prisoner left a lob of papers with me, which ho said were leases and 'documents relating to lands ho had purchased. Ho told me to be very careful with the papers. Tho prisoner did not show mo any bills of lading; Tbe amount of goods the prisoner obtained was £5 Os ; and £3 in cash, as he told me ho was short of money until the steamer carao in. To tho Bench : Prisoner never handed tho promissory notes over to me for thorough inspection; He hold one of them in his hand to show me, and it appeared to me to bo a genuine document. Tho prisoner's object in telling mo about his sale of the vessel and tho goods ho was possessed of was, I should think, to persuade me

to give him credit. Tmsc *■«:« the S&o p rstonct't I allege against him. Ho carried th good* aiv .. s "£, with him. He nerer to» slored m ® payment. “* ■ J Joseph H. Smallniai of Ohinemutu, ahnvS ®worn, stated : I saw tho prisoner first about tho 13th October last, at Taupo, where lie said ho was going to erect a mill for the natives : told him there was one in Ohinemutu, which wo wen . o see | it was out of repair, and prisoner said lie would repair it far £S, and would himself ease it, and if I would use inv influence with tho xumvos to secure it he would find the moneyshowing the promissory notes nioduecd. I abandon®,, tho employment I was in, on account of prisoner a representations. To prisoner : We were in possession of the mill, and when you wont away you left the key wit h me. J . Hopkins Clarke was hero sworn in as interpreter. Hori Woraheko, publican at Ohinemutu, deposed; I first saw prisoner at nv house, Ohinemutu, in company with Smallman ; ho had some refreshments, for which ho promised to pay on his return Irotn Tawhia ; on returning, ho w anted more credit, but I declined ; prisoner thou presented tne with what he said was a cheque for ;€2s,and told me when that amount had been expended to let him know ; he told mo to kefcp an account of the article* he had • I supplied orison or m consequence with general stores ; ho also gave me another cheque. (A bill of exchange, partly filled up, was here produced in Court, and was identified by witness as “the cheque 0 he referred to.) I sent tho first cheque to Bctr Wriglev, as prisoner told mo ho had £3OO in a little ‘iren chest lying there ; before ho left ho asked mo for £3 ; I lent him two pack horses, but they were returned ; prisoner said ho was a contractor, and leased some land at the Tawhia from natives, and was going to erect a largo public house thereon. At the request of tho prisoner, an I O U lor £25 in favour of W. W; MofTatt, signed by th® last witness, was produced by Detective Kell, Tho witness explained to tho Bench that ho had given tho I O tj merely as a receipt for tho first cheque of the same amount. Horry Katero gave evidence confirmatory of Mr bamuols’ statement. Prisoner had left tho district very suddenly, and witness had laid an information against him for stealing a horse ; tho information, however, had been withdrawn. Detective Kell deposed : In consequence of information received, I arrested tho prisoner on warrants at Aratitaha, and accompanied him to Auckland, whence ho was remanded by the Resident Magistrate to Tauranga. This concluded the case for the prosecution; Prisoner was fully committed for trial.