RESIDENT MAGISTRATE'S COURT.

Evening Star, Issue 3355, 20 November 1873, Page 2

RESIDENT MAGISTRATE'S COURT.

Thursday, November 20. (Before I, N. Watt, Esq,, K.M.) 1 heft. —John Brown and Thomas Townsend were charged with stealing 2.1 cwt. of tallow, the property of the Harbor Company. —David Mills, a clerk in the cm, by of the Harbor Comp my, deposed that i he Company had charge of some ten casks of tallow recently. They were kept on the end of the Rattray street wharf. Un Monday it was reported thatonecask, which was w rth about L 4 10i or L 5, was stolen. B ;yond there bo ng only nine casks there instead of ten, witness only know of his own personal knowledge that one had gone.—.fames Connor, also in the employ of the Harbor Company, remembered the 14th November. On the evening of that day, there were ten casks of tallow belonging to the Company on the jetty'. On Mon lay morning witness found one short, and on the morning of the 19th saw the chine of a cask about two or three inches above low-water mark. He secured it, and found the brand to cuvtgpond with the others. There were three or four largo stones in the cask, and there were also some signs of tallow on it Archibald Cameron, an engineer m the Government service, driving the engine on the Rattny street jetty, was on the jetty at a quarter past five on Tuesday morning last. Witness saw Brown on the beach wito another man whom lie could not recognise, being about sixty or seventy yards away from them. They were wheeling a barrow with a sack in it. They left the beach and went in the dircctio -i of town. They ■would have been about Gfteeu or sixteen feet from where Connor picked up the barrel. Henry Vesey, fish hawker, was on the jetty about five o’clock on Tuesday morning. He saw the prisoners with a wheelbarrow, but there were only barracouta in it.—Charles Cooper said that the prisoner Townsend went to his place on Monday morning, and said that he had taken the barrow belonging to witness. Detective Shury afterwards called and asked to look at the barrow. There was some tallow on the side of it. Francis Rrowder bought sixty-two pounds of tallow from Brown on Tuesday evening. Wm. Edward Shury, detective, stated that from information received he proceeded to Cooper’s ground, and found the barrow referred to. He proceeded to Brown’s residence and charged him with stealing the tallow, and asked him if he had sold any. He said “ yes,” that he had sold twenty-live pounds. He further said that lie had bought it from a man who came from the country. This closed the case.—Brown said he had bought the tallow from a man who came from the country, some being in tins and some in bags, but he could not say who that man was.—His Worship thought Townsend was not sufficiently identified as the other man wheeling the barrow, and would give him the benefit of the doubt and discharge him. Brown, on the other hand, was snllieiontly connected with the barrow, and bkewisc with the tallow. He would be sentenced to six weeks’ hard labor. George Burns, on remand, was charged with stealing a silver watch, the property of Mr Hutton. Mr Stout appeared for the accused. The following additional evidence was given fur the prosecution:—Lydia Cutter stated that she resided at Cottar’s Hotel, aud remembered the 18th instant. Prisoner came to the hotel at ten minutes past four on that day, aud gave witness the watch to examine. It is the same one as -produced, and witness handed it to Mr Hutton.— < Unstable Flannagan : Prisoner was handed into custody by Mr Hutton, who alro preferred the charge in the usual way, —On the charge of stealing, Mr Stout said' that lie had suflicieut evidence to show that the prisoner did not take the watch with any felonious intent. Mr Hutton, the prosecutor, would state that he arranged for soiling the watch to a Air Moore, a most intimate friend of prisoner, aud the latter believing Moore had really purchased it took it. He also went and showed it to the barmaid where he was stopping, and asked her to examine it. He (Mr .Stout) would also call witnesses as to character.- James D, Hutton stated that he bad arranged with Moore, who bad gone away by that morning’s coach, as to

selling the watch. He had learnt since the information was laid that Moore and the prisoner were on very familiar terms?—Wm. Robertson having stated that Moore and the prisoner had visited his house in company, Mr Stout said that, if necessary, he would ask for a further adjournment to call other witnesses as to character. After admonishing the prisoner, his Worship discharged him, and ordered the watch to be restored to Hutton. Obscene Language.— Eliza Woods, who pleaded guilty to using obscene language within the hearing of persons passing in Macliggan street, was lined 10s and costs, in default three days’ imprisonment with hard labor. CIVIL CASES. Exorbitant Cab Fare a —Michael Gorman, a cab-driver, was charged with having, on the 1 thinst., unlawfully demanded from Alfred B. Hassell more than the authorised cab fare. Mr Harris, who appeared for the prosecutor, stated that the comp'aint had been made, not so much on scconnt of the exorbitant fare charged but on account of the abusive language used by Gorman. The charge he made exceeded by several shillings the duly authorised fare. Mr Aldrich, who was also pnsent in the cab, would give evidence ; and Mr Massey would state what the pioper charge was. Section 24 said : No agreement made with the owner or driver of any hackney carriage for the payment for the hire thereof of more than the proper sum limited by some regulation in that behalf shall be binding on the person making the same, and every owner or driver of a hackney carriage who exacts or demands for the hire thereof more than such proper sum, whether in pursuance of any such agreement or not, shall forfeit a sum not exceeding forty shillings, and the adjudicating Justice may upon the hearing order in addition that suck owner or driver pay to the party aggrieved the amount of such overcharge if paid.

The regulations, which have received proper assent, give the table of fares, finder the regulation would also he found a table of the time and distance to bo charged for. In this ease the distance was under ha!f-a-mile ; and the re . illation provided that iive cwt. should be carried a distance of half- i-milc for under Is Gd ; and the faro for under half-an-hour by time was 2s Gd. The parties, however, were only driven a quarter of a-inile, and 5s was the sum demanded. fros- cutor stated that he engaged defendant to proceed from the cabstand to tin.* jetty, and to bring Mr Collinson, who had met with an accident, and witness, from there to the Occidental Hotel. Another gentleman was also in the cal) from the head to the foot of the jetty. Defendant demanded ss, and witness was advised not to pay it, as it was an extortion. He acted on that advice, and did not pay anything. The journey occupied less than a quarter of an hour, Mr Ald riage was present. - Charles Aldriage was present in the cab on the day in question. The last witness tendered 2s Gd. as the fa e, but defendant demanded ss, getting very abusive and no;sy. The distanc i was considerable under half-a-mde,—Defendant said his was the only c-b on the staid on the day, it ben g i holiday. He was only engaged to proceed to the top of the jetty : but prosecutor ur..ed him to go along the planks, hurting his horse’s feet. He merely asked ss, but did not mean to take it.— (Loud laughter) He hoped his Worship would only inllict a nominal penalty. —His Worship said it was not a nice tiling to bring these oases into Court ; but when they were taken and clearly proved, a heavy and not a nominal line should be imposed, especially when the defendant misconducted himself. The full penalty, 40s, would be imposed, and time allowed for its payment. Illegitimacy.—Amy MSVair, of Caversham, charged Frank Dale, of Tokomainro, with refusing to support his two illegitimate children.— Mr >,tout for complainant, and Mr Stewart for defendant, who, however, did not appear persona ly. A long discussion having taken place as to whether the charge could be proceeded with in defendants absence, as it partook of a minimal nature, it was finally decided that it should be heard. Mr Stout said that defendant had agreed to pay L2O, but that that had been refused, com pi duo .t asking for tie full amount, LSU, for each cnild. Defendant had admitted that they were his children. He (Mr Stout) would ask that 15s a week, for the support of t e two children, 1 e allowed. —Complain'.nt, in the course of lur examination, said that she had had two children by Dale, who was a wealthy farmer and carrier. One was live years of age, ami the other nearly two years Although he had always contributed to their support till about a couple of months ago, ho now refused to do so. He had offered her L2O to dually settle the matter, but she refused it, .-die meant he refused to give weekly payments. —Mr Stewart : I believe you have another child besides the two referred to? Witness : Yes, —Mr Stewart ; And still you are a “Miss.'’ Witness (confused); Well, I am. His Worship thought those remarks came badly from the defend art's counsel. — Mr Stewart (to his Worship) ; Then you approve of defendant’s conduct.—His Worship : By no means.—Mr Stout thought Mr Stewartapproved of his client’s conduct, In answer to a question by Mr Stewart as to who was the father, or who supported the third child, the witness replied : You are not supposed to know anything about that child. He is eleven years old. lam not prepared to give details of my own affairs.—This was the case.—Mr Stew art admitted the paternity of the child, and said defendant was willing to pay any reasonable amount. —His Worship said that the expenses of living now were greater than when the Ordinance by which the limit was fixed at ten s' Rings per week was passed. After a case was heard befoie him some time ago he inquired the cost of maintenance at the Industrial School, and found that it was from 7s to 7s Gd for each chiln. With all the means of economising there, the cost of keeping children must be less than in a private family. Ho would make an order that 15s per week be paid for the support of the children; or, as he would have to apportion the amount in the event of either dying, he would say 7s Gd for each child.— Mr Stewart asked hiis Worship to fix a lump sum, —Mr Stout would not take less than the full amount, LIOO, as the interest would do nothing to keep them. —His Worship would fix the amount, if required, at another time.