RESIDENT MAGISTRATE’S COURT, PORT CHALMERS.

Evening Star, Volume VIII, Issue 2288, 6 September 1870, Page 2

RESIDENT MAGISTRATE’S COURT, PORT CHALMERS.

Yesterday. Before T. Tayler, Esq., Dr O’Donoghue, and Captain Thomson, J.P.’s, SMUGGLING CASK. Jacob Bernstein, jeweller, Octagon, was charged on the information of Mr Hill, collector of customs, with attempting to evade the payment of gold duty. Mr Mansford appeared for the defendant. Sergeant Golder said he was on board the Gothenburg on Saturday, 3rd instant, and saw the defendant carry a trunk from the Golden Age to the cabin of the steamer. Ho tin'll went on deck, and took possession of another box. He told defendant he was a sergeant of police and an officer of customs, and must see the contents of the box, as he wanted to see if it contained any gold ; he also told him he must see the other trunk. The defendant said “what other?” and witness replied “the one in the cabin.” He seized llje trunk and then detained the dc-

fendant and took him to the officc/hf custoras at Port Chalmers. A list of the goods, and the trunkwas sealed by Mr !5 Monson. The defendant admitted he had carried goods before, and had no authority or paper from the Customs. By Mr Mansford : Ho had known the defendant some years, but did not know of any former conviction against him. Mr Monson, senior officer of Customs at the Port, on being sworn, said : Constable Erridge came to him with a trunk [the one produced] on his return from clearing the Gothenburg, and the defendant, Bernstein, asked to have it opened ; he said the goods were of his own manufacture, and nude of New Zealand gold, and he had taken goods to Melbourne before to be finished, and paid duty on them, but it was returned on the goods being brought back. He (Mr Monson) opened the trunk in the presence of the sergeant of police, and took a list of the goods, and scaled them up agaiu. [The trunk was opeued in Court, and a parcel shewn to the Bench; it consisted of valuable gold chains.] By Mr Mansford : He (Mr Monson) would have seized the goods, although they were only going coastwise, if he had met the defendant in the street. He cleared the Gothenburg for North rn Ports and Melbourne ; she would be entered and cleared at those ports. Mr Hill, Collector of Customs, said ; The defendant had paid duty on other goods at different times, but never received any drawback to his knowledge. This was his case, and although he could have sued for LSOO, he elected to sue for the smaller sum —namely LIOO. Mr Mansford said he would not deny a breach of the Customs Act, but it was done through ignorance. The only clause the prosecution could depend on was the 131st, and there was no proof that the Act had been confirmed by the Queen. The Act distinctly stated it should not be in force before it was confirmed. He produced a passage ticket allowing the defendant to leave the Gothenburg if he chose at Hokitika ; and it stood to reason he only intended going to the other ports to sell Lis goods. If the Bench thought a case was made out, they had the power to mitigate the penalty by the 202 nd clause.

The Bench retired, and on coming into Court said they must fine Bernstein LIOO, but would reduce the penalty to L 25 ; the defendant also to pay the costs of Court. The whole of the goods were forfeited.