RESIDENT MAGISTRATE’S COURT.

Evening Star, Issue 3643, 26 October 1874, Page 2

RESIDENT MAGISTRATE’S COURT.

Monday, • October 26. (Before J. Bathgate, Esq., 8.M.)

Drunkenness. James Keys and 'Thomas Hannah were discharged with a caution • Mary Anne M‘Donald was fined ss, with the alternative of twenty-four hours’ imprisonment; Alexander M‘Donald 20s, or three hohrs’ 5 Joh “ - oclie or forty-eight

Trespass —Harry Rickards was charged, on the Automation of Keith, Ramsay, with being illegally on his houfie situate in Hattray Btreet, ou the 26th inst.-Prosecutop said that on looking out of his hoir-e at 2 30 o clock this morning he saw .three men there were on the verandah and accused had hold of the perambulator. M q dressed and went out ide and gave accused in char e. He-did not think, they were there with anv felonious intent; it was merely a drunken spree.—His Worship said that as he had no power to line accused he would treat him as a drunkard and sentence him to three davs’ imprisonment.

Theft. * James Hurie was charged with ♦stealing a meerchaum pipe and box of matches of the value of 5s 3d, the property of Wm. Anmng. Accused and prosecutor slept in the satpe room at the Albion Hotel Accused yesterday stole the pipe and secreted it in his trousers. When charged with the theft ho denied all knowledge of the pipe; but, on being searched, it was found on him. He was sentenced to twenty.one dnys’ imprisonment.—Accused : L will get the “sack” then.

-Bridget 'Kane was charged with having no viable means of su .p rt Sergeant Anderson said that he found her lying ip an unoccupied house in Hope street condition on the previous day. —His Worship : An unoccupied house : us th - e j *®. , suo \ a> thi,, g in Dunedin ? censed said chat she only came out of the Hospital on Thursday. If discharged she would C o to the country within a couple of hours, as she had been in gaol too often to get a situation m town. She was discharged with a caution. 1 *x

Maintenance. Andrew Miller was charged, on warrant, with disobeying an order of the Court for the payment «f 20s a /week towards the support of his four daughters.—-Defendant: 1 never refused to P?y- " 13 Worship : It is your duty to look after them. Does every fat rer in the Colony wait to ba asked to look after his family f You have shown you.self to be a fathernot ht to take charge of your children. uw an order has been pronounced for you to pay 20« a week, and you having failed to do so I Will compel you,—Defendant said be never heard anything about the order till he got the War* rant that morning.—His Worship; Do yeti object to<pay now?— Defendant: I have got no money. I have given ail that I have earned tae last seven weeks to the wife. (in Saturday night I gave her U 6d.-(Laugh-ter.)—His Worship said be. longed to that stamp of men into whom it was hard To hammer th ir dutj.—Defend 5U t. i never did anythin,, wrong. tus \V,or-u;» • ITou have neglected to support your children ’ Defendant said that he would take charge of his children, since his wife had made, a complaint.—Msry Miller -said that she had obtained a protection order against her husbaD on Tfae ’ order waa for her husband to pay2os_ per week towards the maintenance of his four daughters. He was told that the order was made, and when Sergeant Bevan to read the order he refused to allow him. Her husband worked for Mr Tomlinson, wharf-carter, and had only given her four shillings and sixpence during the last thirteen weeks.-His Worship (to defendant); has four little daughters and during thirteen weeks -pays four ehiland to-their euppert,' yet stands up there and thinks he do- nothing wrong. Is that yoiir idea of wkat s wrong? It is clear that you are one of those men who would allow your wife and family to starve to satisfy yuur own appetite. Now what do you think my duty isto do with ia mahof your sort ?—Detendtfut: Ifcis not my duty to give her money. Bought tb be allowed to spend it in drink as Well as her.— ■Wis Wmship; Your duty is to obey myorde*-. Your wife only asks you to a week for the maiuteuanceof your children* she is willing to support herself.—Defendant ; Not if they stop with her.—His Worship: If you don’t the law w ill compel you. The case will be adjourned for fourteen days, to give you an opportunity of doing your duty. If from this time forward vou obey the order, you will be relieved *rom punishment; if not, I will girh you the tallest term of imprisonment the law allows: Stealing a Deposit Receipt. John JJ Buries m was charged on remand with steal’-" mg, m June 1864 ene deposit receipt for & sum of Llßo —David Kirkmah Nicbblfs. prosecutor said he was a laborer, and £ sided in Timaru, and had come to’town W* give evidence in the case before the Court,' la June, 1865, he deposited LIB S in tlSi Union Bank. He would knowthe receipt if ■ infhJp 6 ’ After f lacita g the moody' in the Bank he went to Miller’s FWi. wh'mtf ho . some tim . He kept the receipt ifor the money admail

to the rafters in Ids bedtoon. A Bur working at filler's Fiat Station for abobt a fortni.bt he misled the bag containing the receipt He imraedi-it. !y rep rled its less to the police. He bad never son the receipt sires : but subsequently obtained the sum of LlB-> by means <f (be usual affidavits made to one of the officers of rim Bank.—Sub-Inspeotor Madard oxp ..inod that although search had beer- imde on rim Bank for the receipt, the bank officials hid not been able to find it. There w s no doubt that it had been given into the Bank, having got into the possession of one Mr White. He did not know whether his Worship thought the receipt must be produced for the completion of the case. The bank officials were still looking for the receipt, and might succeed iu getting it. Mr White was at present residing in Wellington; but he would be here in a few: days, as in answer to a subpoena by the Court he was coming down by the Tararua. He would say that be obtained a receipt for I 185 from the accused by advancing him money on it. and that on its being presented at the Union Bank it was detained.—Hie Worship would consider the case incomplete without the production of the receipt; and he would not be justified in granting a further remand. He thought accused ought to be liberated, and if the receipt turned up other proceedings might be taken if prosecutor wished.—Sub-Inspector Mallard : After that opinion, I would ask to be allowed to withdraw the charge without prejudice.—His Worship said accused would be discharged without prejudice to further proceedings being taken in the event of the receipt being found.—Accused ; Then I am liable to be apprehended, on the same charge. Well, I totally deny it. IStbali o from a Ees auraut. — James M'Comiack was charged with having,, on October 23, stolen a box containing L3i, and also a bunch of keys.—Join \A ats n, re-staurant-keeper, said accused was in his employ up to Wednesday last. The cashbox and keys produced were the property of his firm, and were kept in witness’s own room in a large chest which was kept unlocked. At eight o’clock on Thursday night witness saw the ca i h-box in its place, it then contained either sixteen or eighteen one-pound bank notes; between six and seven pounds in gold ; between seven and eight pounds in silver, and one penny. Witness retired to bed at twelve o’clock, and buag his coat, in which He bad previously placed the keys of the chest after locking it, en a nail near bis bed Witness gotuo ati half-past six next morning, leaving his coat on the nail; and shortly after eight o’clock, he saw accused going down the stairs with a bag similar to the one produced under his arm. Having occasion to go to hia cash-box about ten o’clock, he went to his coat for the keps, but found they were mot there. II e then went to the che?t, iu which he had placed the cash-box on the previous night, and found it unlocked and the cash-box gone. —Constable Carter arrested accused in the Port Chalmers Hoi el on the night of October 23 Having tpld him what he was charged with, he sa ; d “All right; I was robbed of L 7 the night before and I have as good a right to otner people’s money as they have to mine. I took the box, which I threw over the Hi hj Sphool wall. It was in a bag together with some clothes, and here is a portion of the proceeds.” He then handed witness eighteen one-pound not; s and thirteen shillings in silver.—Hichard B. Wilson, janitor at the High School, found the carpet bag, cash-box, keys, and clothing produced in the school yard on Ft iday evening last. In the box he found one penny piece, seven half sovereigns, and one sovereign, lie subsequently handed the whole over to the police. —The accused was committed tor trial at the next criminal sittings of the Supreme Court,