RESIDENT MAGISTRATE’S COURT CLYDE.

Dunstan Times, Issue 614, 23 January 1874, Page 2

RESIDENT MAGISTRATE’S COURT CLYDE.

Monday, January 19. (Before W. L. Simpson, Es.;., K.M.) Joseph Lundinand, rn remand front the 12th i; st.. was charged on the information of Carol Jonan Fcrsseberg with stealing, on the morning of the 12th inst., at CromVrell, the sum of 36/. in bank notes, Slid hlgo S£ gold Watch' and- chain, the* property, of the prosecutor. Carol Johan Fcrsseberg, sworn,"'said he was a merer. residing at the Bannockburn. Fii'if saw the accused on’Saturday night, ♦he 10th inst., at Da go’s Hotel, Cromwell, Found he was a countryman of mine, and • o’d Irih if he was hard up I would give Fimltwo or three pounds. On Sunday night, retired to bed, between twe’ve and ■ue o’clock. Slept in a room that had two bedsteads in it. one cf which was occupied ’■y myse'f and the other ly the accused, On retiring to bed had in mv trouper’s I'ockct a purse with SGI. or 37/. in it. There were two 101. • notes and three St notes, the numbers cf which he had previously ♦ak n. In his waistcoat pecket he had a Id w.-'-oh and chain, which he valued at 40 1. Fl : s trousers and ve=t, also a crat Of vonacd’s, had put under bis head for a uil'ow. The wa’ch and chain niw prodneed identified as his property. Awoke about 3 a.in.,and discovered that accused bad'eft his bed. Awvke agaih between 5 and 6, and finding accused still away, ’coked for his trousers, and found them nd r the bed. The purse was lying on the floor, emoty, the money having been 'ak n. Os a'so the watch and chain from his waistcoat. Susi ceded the accused. Made his hj as known to the landlord, who sent for the police. ’ Samuel Moore, Inspector of Police, sworn, stated cn the morning of the 12th ii s'ant- from information received, I proceeded in search of accused, and arr< sted him I'C'we n Alexandra and Black’s about a quarter to 12, noob. I scarhed him and found the property lost, consisting of two 101, tlr.ee 5/. and one 11. notes, the numh rs of which correspond with the numbers given by tie pnsecutor, and a gold watch and chain, the accused said the whole of the property was his. Committed for trial at the next Criminal Sessions. —o— Thursday, Jan. 22. (Before W. E. Simpson,; Esq., R.M., and B. Nay lor, J.P.) Thomas St an brook was charged by the Police with selling by auction in the Billion! Room of tho iJunslan Hotel, Clyde, htuiiis in Calcutta Sweeps, between the ii-.uia fit 9 and 11 p.m of the night cf the 25.h December, 1873. Cameron, Police Constable, deposed at about 11 p.m. of the 25th nit., Mr. Stanbrook held a sale by public’auction in Lan.es's Jhmstan Hotel Billiard Room of chances in Calcutta Sweeps for hoises that were to run on the 2'ith and 27 th instant at Cromwell; the sale appeared to be held in the usual way, the horses being knocked down ; one horse, Tatabouriui was knocked down fur 3/. us.

'i ha Bench addressing Mr. Inspector Moore, who was conducting the case, said, this case will admit Of no gencralties, as it was of a very serious nature, the evidence there) ore must be definite. Examination continued : Thehorse Tam-il-mini was knocked down to Mr. Staubreok. The auctioneer had hr his hand a stick or something that made a noise as he knocked down, I was present and I saw him. Another horse, Atlas, was knocked down {or S'. 10a, I did not speak to Stanbi ook during the sale, Stanbrook remarked It was not Yankee Grab he was at now, I replied it might 4>e something 'equally ns daug-ii-ous. Before the sale of the two hors* s referred to-above, the remark was made by Staubrcok. , , By Mr. F. J. Wilson--! knew the time by my watch ;it was ten minutes past 11, p. in . I looked at my watch a few' minutes after speaking td Stanbrook; these were horses sold in the usual way by an Auctioneer ; it Was the chance of the horse winning, not the horse that was so’d. End I i one into the room, I have not the slightest hesitation in saying my bid would have been tak n. There were from fifteen to twetdy-fivepersons in the room; T cannot say how many took part in the bidding. Stanbrook was standing at the •nd of the Billiaid-tadle, opposite the door. The sale lasted to my know’ll dge , ten to fifteen minutes ; it was not over when I left. 1 was standing at the door of the room when Stanbrook made the remaik. I did not sec money pass hands, ; nor did I see any book signed. I saw a j book in the Anctionees hand, in which he i appeared to write the bids. By the Bench—l can’t say when I reguj lated my watch, but I am positive as to j the time, as 1 went on duty at 9 p.m., ! and all the hotels were closed shortly aftei - .

Alfred Moore, hotelkeeper, Clyde, sworn, said—l was present in the room on the night of the 25th nit, about 11, p, in., and saw Str.nbroi k there; he Vrns selling Calcutta Sweeps by auction. Ido n -t exactly understand Calcutta Sweeps, 1 never in my life joined in one. The room Nvas public to anyone. As far as I can ilnderstai d the bidding in Calcutta sweeps is confined to subscribers only. This closed the ease for the prosecution.

Mr. F. j. Wilson rose. He contended that the sale of Calcutta Sweeps was not a sale within the meaning of the Ordinance. The Calcutta Sweep sale was confined to subscribers, and the Ordinance only dealt with sales that were open to the public, at Which any Ono could bid. He wdald there-

fore claim a dismissal. He would,however, call one witness. -

William Eames, landlord of the Puns tan Hotel and Billiard boom, deposed : On the night of the 25th nit, there was a piivato subscription among a few of us, known as a Calcutta Sweep. Heard the, constable at the door, but paid no attention to what he was saying. Stanbrook put the chances up for sale. Only subscribers were allowed to bid. Witness here described the who'e affair. Stanbrook suctioned in the usual way; that fs,‘ bids were taken from subscribers only Tambourini was not sold : he was bought in by tho owner. Did" not recollect Atlas being soi l. It rests with the members who is admitted. Have seen people refused, but not on that night.

.„ Mr. Wilson, for the defence, said the interpretalionclar.se of the Ordinan ? referred to something tangible. A cba”oe in a Calcutta seVfeep is not tau riblc, and ho would accordingly press for a discharge, on the griiind that nothing had been sold

Mr. Moore contended that tickets' in a Ca’cu*ta representi n value equally as much as serin in a limited liabjlits company. The Bench re'fused to take cognizance of this new feature that hurl been imported into the case,. The evid >nce for the proseeution refers to the sale of horses, not. to tickets It was an ingenious point, and and had it been laisod at an ear'ierstage might have altered the judgment. The ease was a serious one when the penalty was.taken into consideration, and which wa= arbitrary. J udgment reserved for one week.