MAGISTRATES’ COURTS.

Globe, Volume XX, Issue 1391, 31 July 1878, Page 2

MAGISTRATES’ COURTS.

CHRISTCHURCH. Wednesday, July 31. [Before G. L. Hellish, Esq., R.M., and Dr. Doaruer, J.P.] Deune and Disorderly. —William Jarvis was fined 10s. Margaret Irvine, an old offender, was fined 60s. Larceny. —John Fraser was charged with stealing two books, of the value of 7s, from the boarding house of Joseph Osborne, in Oxford Terrace. The accused, who was only arrested half-an-hour before the opening of the Court, was, on the application of the police, remanded until to-morrow, the Ist of August. LYTTELTON. Wednesday, July 31. [Before W. Donald, Esq., R.M.] Lunacy from Drink.— Henry Williams, alius John Hawker, on remand from Christchurch was dismissed, being fully recovered. Larceny. John Davis, mate of the Nighingale, on remand from Saturday last was charged with above offence. Mr H. N. Nalder appeared for the prosecution, and Mr H. 11. LougLnan for the defence. Captain Price sworn, said—l am master of the schooner Nightingale which recently arrived hero from Kaipara. My steward’s name is Antonio Pettini; ho joined 100 in Melbourne. I had previously engaged William M'Leod, but he ' missed his passage in Melbourne. I saw- M’Leod bring a parcel aboard. He had also been with me on a previous voyage, and left some things in his room. 1 had a list of McLeod’s things taken, and left them in tie steward’s charge in his cabin aft. The steward had a room to himself. Produced is the list of McLeod’s things. He did uot put all the things down at fir*!;,

only those things above the lino drawn, but I asked him if there were not some new clothes left aboard, and then he added the other list. He acknowledged selling a dungaree jacket and oilskin coat. I said, why md you sell them, you know you had no right to do so, and ho said ho had said them to send money to his wife. He had a little boy with him aboard, and on the voyage down he was making clothes for him. He told mo he he was making them from an old cloak ot his wife’s. I hare soon the clothes lie made, they are those produced. I saw the parcel McLeod brought aboard. _ It was a largo parcel, and was placed in the steward’s room. I did not open it to see what it contained. I never authorised the mate to take the things. Crossexamined by Mr Loughnan. When McLeod came down with the parcel I told him another man was engaged in his place. The man was only engaged in his place to go to M illiamstown, not permanently, and McLeod was to rejoin the ship in two or three days, so he left the bundle. The steward took charge of the bundle, and an inventory was made by the prisoner in my presence. The list produced is one given to mo at Kaiparn by the prisoner. Prisoner has been five voyages with rao in this vessel,thirteen months in all. At Kaipara I asked the steward about the clothes, as I thought they would be better for an airing, and he said the mate had taken some of the things. On speaking to the prisoner about it, he said he had sold the things missing to a man named John Kerr, a sailor aboard. I have been good friends with the mate till he misbehaved himself. Ho asked me for money at Lyttelton—£3 which I did not give, because I did not think it was due to him. I offered him a pound, which ho would not take. Prisoner once struck me violently, and knocked me down. I have never been accused by the mate of stealing the ship’s cargo, but I have had several other disputes with the prisoner. Antonio Pettini, steward of the Nightingale, sworn, said —I joined the ship about six months ago in Melbourne. I know the previous steward. His clothes were given in my charge, but a bundle of new clothes that were part of them was taken as soon as I turned my back. One end of the parcel was torn, and observing slightly I saw two or three Crimean shirts, a white one, a pair of braces, two pairs of grey pants, some socks, and an oilskin coat. I should think they were worth about £4. I saw some of these things in the mate’s trunk in his berth. The boy’s clothes produced are made out of a pair of the pants I saw in the parcel. When within three days’ sail of Lyttelton, the mate asked me to share the clothes with him, but I refused. To try the mate I had previously asked him if he would share the clothes with me, but he said nothing when I asked him. By Mr Loughnan—l saw the things in the mate’s trunk us I was passing the cabin. I have been on good terms with the mate. I have never said that I would get him out of the ship. I may have said so to the second mate. There are no marks on the clothes produced by which I know them. John Kerr, a seaman belonging to the Nightingale, sworn, said—l bought the Dungaree jacket and oilskin produced from Mr Ross, the mate, about three months ago, when we were last hero, in Lyttelton. I gave 17s for them. He offered me the oilskin several times previously. By Mr Loughnan—The mate did not tell me he would have to account to the old cook for the clothes when he sold them to me. The Bench sentenced accused to one mouth’s imprisonment with hard labor.