MAGISTRATES’ COURTS.

Globe, Volume VI, Issue 673, 16 August 1876, Page 3

MAGISTRATES’ COURTS.

CHRISTCHURCH. Wednesday, august 16.

| Betore G. L. Mellish, Esq, B.M, and G. L. Lee, Esq, J.P.] Illegally on Premises.— B. Tracey was charged on warrant with being found illegally on the premises of Mr T, Harbottle between two and three o’clock on last Monday morning. Accused had been found lying on a sofa in the house with his boots off, and was apparently asleep. On the application of Inspector Buckley, he was remanded until Thursday, as a second man had also trespassed on the premises at the same time, and was said to have gone up the country. Eemanded as asked. Drunk and Disorderly. Two inebriates, who appeared for the first time, were each fined ss. Stealing from a Wreck. Joseph Kelpin was charge! on remand with stealing a quantity of timber from the wreck of the ketch Jupiter, lying on New Brighton beach. Sprgeant Beck said he proceeded the previous day to accused’s place at the Sandhills, Bingland, with a search warrant. He was accompanied by Robert Day, who pointed out to him a lot of timber on accused’s premises, which he [ (Day) identified as being a portion of the wreck of the Jupiter. Also found a candlestick (produced), which was stated to have belonged to the ketch. The pieces of timber produced were a portion of that foqnd and identified, and were in a paddock at the back of the house. When he went to the house accused said he supposed witness had come about the timber. He admitted taking it, but said he did not think he was doing any harm at the time. Robert Day stated that he is a master mariner, residing at Sumner. He had been sailing the ketch Jupiter for the last two years. On the 3rd of August the ketch sank about thTeequarters of a mile outside Sumner bar, and was afterwards washed on to New Brighton beach. Subsequently she broke up. Accompanied the last witness to accused’s house the previous day. Identified the pieces of timber in Court as having been part of the ketch, and also recognised the candlestick in Court as having belonged to the Jupiter. Saw about a dray-load of timber at accused’s house, which formed part of the wreck, and would be valued at about £1 ss. The vessel belonged to Major Hornbrook, and had been insured in the South British Insurance Office. She was abandoned to the insurance company on the 4th of August. J. D. Macpherson, agent for the South British Office, stated that the ketch Jupiter was insured by Major Hornbrook in that office, The wreck was reported to him on the morning of 4th of August, and during that day the owner abandoned her to the Insurance Company. Had paid the insurance money same day. Witness had sold her on the 4th instant to a person whose cheque was dishonored, and the wreck again reverted to the company after that date. Up to the 15th inst the wreck was the property of the Insurance Company. Accused had no authority to remove any portion of it. In answer to accused, witness said there was no signal or notice board put to tell people not to remove any portion of the timber which was strewed along the beach. Mr Macpherson, addressing his Worship, said he had no desire that the accused should be severely punished, and had only taken the present action to prevent a recurrence of the offence in similar cases. Mrs E. Walker, called, stated that she had seen accused coming from the beach one day with some timber belonging to the wreck. He had it in his cart, and she told him she would not like to be in his shoes, when he said he would give it up to any person who might claim it. Accused said he had several times removed pieces of timber from the beach, and did not know he was doing wrong. The timber was strewed along the beach. Three witnesses came forward who had known accused for years, and gave him an excellent character. They had always known him to be an honest, honorable, and hard-working man, and believed he had only committed the act in ingnorance. Dr Foster remarked to the Court that living a long time at Sumner he knew that the practice of picking up pieces of timber on

the beach had obtained bo long, that people were led to think there was no harm in doing it. His Worship told the accused that a crime of this kind was an indictable offence, for which a man was liable to two years’ imprisonment with hard labour. The law looked at such an offence as a very serious one, as a person whose vessel was wrecked and not insured, might have lost his all, and removing the wreckage would simply be robbing a man who had already lost a considerable sum by the loss of his vessel. In the present case the underwriters had been robbed, but the Court were inclined to believe that accused had not removed the timber with a felonious intention. Perhaps there was no harm in persons picking up a piece of timber off the beach, but no one but the owner had any right to remove a quantity of wreckage. Believing there had been no felonious intention by accused, and taking into consideration the high character for honesty he had received, the Court would dismiss the charge, but he trusted the position accused had placed himself in, would act as a warning to him and to others, He would be discharged, but would have to pay 21s expense of witnesses. When the decision was made known, an attempt to applaud in the body of the Court was at once suppressed by his Worship.

LYTTELTON. Wednesday, August 16. [Before W. Donald, Esq., R.M.] Civil Case, —Alexander Sam v W. Johnson, claim £2 ; judgment by default.