RESIDENT MAGISIRATE'S COURT, GREYMOUTH.

Grey River Argus, Volume III, Issue 174, 23 February 1867, Page 3

RESIDENT MAGISIRATE'S COURT, GREYMOUTH.

',:'■■ . (Beforb W..H. Reyell, Esq., KM:) 7 ' THURSDAY, FEBRUARY 21. . ; OBTAIXINa A VALUABLE LETTER BY FALSE '.- . . -' ".- ' ':\' •' . \ PRETENCES. J' ' ; ■.-' .-.'-:-: . Daniel Mulligan,, alias Madigan, was charged with, having on or about the month .^l^Septanibsr last obtained a letter contain- ■ JjJßlg moilej' -from Daniel Sheedy, of the Brien r-< by means of of falsely pretending . to be jone iJaineslßittler* to whom the letter '':'' was addressed. Mr O'Loughlin appeared for the accused. The .folio Vying evidence was takan :— James Butler, a. miner, residing at Diamond Gully: Was living at Stafford Town, and was occupied in -. cutting wood. The . prisoner was iirhis employ for about a month. Not being able'to/read*or write, the prisoner had written a letter for witness to a sister in Victoria. 'Prisoner used to call for witness's letters at the Hotitika Post Office, and on one occasion" he brought one which was from witness's father, stating that a previous letter eontaimng-a v bank draft for Ll3 had been sent addressed, to the Brian Bom Hotel; Gre>TnoutU.f^!iPnsoner left the morning after lie had ;ratip!h<£ letter to witness. Before: leavings ?^boei?^(id written out an order for-witnesß>ji)]|^^i;^Sheedy, asking him if he had . any/le^ere^mi^if so to retain them, until wtiieSs'6iiLpm|l|i;^[i for them. Prisoner stated'that^ lie to Coble's, up the Gj^y, and hc;proffii^a|t;o deliver the order to Mr Sheedy^ihejpiasya through Greymouth. Witness did ho^aß^on Mr Sheedy for about six weeks after^ttie -prisoner- left. Prior to calling qu Mr^Sh&epy, witness received a letter from a'brotber,' stating that the money draft had been cashed- by some one. When witness called at Shecdy's, he was told that v letter trim Victoria had been addressed to tho Brien Bom Hotel, but that it had been given to one of witness's mates, who had called .for it; Witness then went to the Bank of New fc-oiitli 'Wales, and ascertained that the draft had- been presented and cashed. The prisoner was never authorised to get the letter or cash the draft. Daniel Sbeedyj.landlord of the Brien Born Hotel, : -deposed that : he knew the prisoner. Jlomenibcred; receiyirg a letter through the Post Office^ fromGeeloiig, addressed to_Jaihes Butler. It .waS'iiv witness's possession for about a fortnight or three weeks, when a man (tailed for the letter. He spoke to Mrs Sheedy. Witness saw him when at the bar, and asked fhim-;wliere was Butler, and pri-soner-(T<#lied;^^:'t^^ Wnimea." Witness receiyetl lib order ;from Butler for the delivery of the letter.; ; Saw Mrs Sheedy give the man who Ciilled the letter, but cannot say whether the prisoner is the niau or not. Cross-examined by Mr O'Loughlin : Had seen the prisoner-jboth -before ami after the letter had Ueen ?callecl;for, but it did not occur to "him that the Jppsoner. was. the man who took the letter away; By the Court;: It was in the afternoon wheu the letter was called for. When Butler tlrst called he. '.'said h.e suspected a man who hiuVbeou'writiiig letters for him, as that man knew all about Ms business. Butler's brother Urst called, aiod he got a letter addressed to himself. The; letter produced I have read, rid is the same -as that which was given to Butler's brotheri Catherine wife of the previous witness, 61)J8ct«d to be sworn, but made a solemn; affirmation to the effect that she remembered a'lpan calling for letters for James UutleiV and g^tfijig the one in question. Did not thii^tisbe;|y[a|,-jiseeu the man before, and ' would not 'taye^gjvQii him the letter if he. had not s;ad that became from James Butler. The prisoner closely' rcoonbles the man who ciilleil-foi* thejl^ttec. Had seen the prisoner since, b'ut^did^\o|'\ccoguue him as the man who goij;tiie^lM^ r- ; John Edpira?£)euistbun, clerk in the Bank of New .SoutliiWales, pro veil the cashing ofbanfedraftjin' favor of James Biitler^by «v '^nauwliofsjudSlie^was that person, aiul^whol enJorseil the border - with Lis signature. Wituess aakeirihim at the time if he knew; n iy person jii .Gi'eymontji who coulirtdentify; him as Jaiines ßutler, and he replied that hj' did not. -. (Jueiiquiriiig if he had 1 letters or * papers to prove his identity, he produced a letter, oii the strength of which the order was cashed., \Vi}l not positively swear that the ' prisoner is the man who cashed the draft, but believe him to be so, to the best of my belief. Witness considered the word "James" in the' signature on the draft to be identical in Character. with. the same word in the handwriting of the prisoner attached to the police Inventory sheet. : Sergeant -Walsh stated that when the prisoner,wMt?brought to the lock-up he said there must .tie f some mistake in the charge oh which he had beeii. arrested, and said he had neither worked "^for ■; or knew any person named James Butler/- --' James Butler recalled, stated that when (it the Wainiea he was; known only as James. Nobody bukvtheprisdner knew anything of his business.': '^V ; 6%J'fe ■ v ' i ' The prisoner, who^Slifully committed for trial, reserved -his -defence, stating that he had witnesses to prove where he was working on the date in question. V IXkCK?IY AS A BAILEE. John Gordon Patterson was charged with having in the month of! January last, then ■ being l^Ueeoi.certain- goods— viz., 1 tent, 2 - . blankats, I coat, 1 gold^^ring, 1 iield-glass, and sundry other articles,.; of the value of forty pminda- sterlings tKe^property of one James Francis, dW^niolavrfviily and frauduJjntly cpuvert the^aW|gQovls'to his own use, and diiV.tnereby "fel&nicfusly steal the same. The following evidenCe^Was produced : — James Francis • FSin^a miner, at present ' an inmate of the Grepßiver Hospital. On the 18fcb. Januarylakfei T was on my way to GreyKiver Hospltaliyliaviiig brokeu my leg '-', /■ab^nt : -th'e' ; ;'loiii:,;9f^3fauuary- The prisoner v wasin.my;c6mpiiny-at the time I broke my '■*■-"' leg, on thWrbad';fr.6>n Fox's to the Grey. I liad koown him four or live weeks previously* having met l^:atjtho Buller. I had in my possession '-"^fienli^was on my way to the Grey 1 terit, 2\blMkets, 1 blue coat, vest,and trousers. 1 pair- of Sydney tweed trousers, ."- 1 1 gold ring and : chain, 1 niaQintbsh coat, and a bag containing : three or f puriwlute shirts, collars, and- neck- '■■, tiea. The.:ar|icleß were worth more than • L4O. I gave them in charge to the prisoner when I arrived at the Grey,, to take care of f or iner ' He} took them, and promised to take care; of Jhem until I came out of the hospiialr never g.ive^the prisoner any authority3,t6' dispose of the articles. When prisbne£{;eaine to see -me in the hospital he said he ibAimy things all right up at Gibbons'?lavwinttiy|poal Creek. I asked him to dring mfe^^M^ib and brush, and a pair of, boots io^tif^olpital ; he brought the boots,' and said'tts^ould bring the other things 3 anothwl3&yjf#^risbner has never returned^ any of ai'ticles to me. The gold ; pm producesi"s ray property, as is also the \: lield-glass and macintosh coat. T never au- : thorised yi^prisoner to dispose of them. tK ■'< Cross-^examineci by prisoner : I believe you told methat lay- goods were at Kitchen'^' boarding-house. I on^ty saw the bag and boot produced at Kitcbiitfs about the 10th of this month. . ' By the Court : The ooat, vest, and trousers now worn by the/prisoner is my property. ■; The gold pin was in; the b^g produced when I^^Lgave them to the pj;is6aer^and thefield-g-^^l^ 88 was mmv swag. 1 iext saw the pin •■/' aud field-glass in t^ehands of t^6^polfc& :- William Hutchinson, 'a'/p'ablic2Q^Visaidingh . at the Saltwater Mead, said : I "saw the^pii ; | sonur at my hotclVabout four or five weeks

a-jo. .He offered to sell men. oil-skin coat, saying it was too much ti'ouble to carry it about with him. I think he said it was his own.* He .asked 10s for it. and I gave him ss. - The macintosh coat produced is the one 1 bought. Cross-examiued by prisoner: I gave you ' ss. for the coat,, oil the understanding that I you could have it back if you choose to call for it. Sarah Kitchen, Boarding-house keeper, .Gxeymouth, stated that the prisoner. used to I'jxj'ard at. her house occasionally, He brought a tent, some clothing, a 'telescope, and some things that I can't recollect. The bag now prodxiced was one of the articles left at my place by the prisoner ; there was some clothing in it then, since taken out by the prisoner. Prisoner left my house about a week .ago, he left the bag behind him, and the telescope and pin produced as security for some money he owed-' to me, for cash I lent him. said the property was his own. * : Gavin Graham, hotel keeper at Saltwater, stated that he bought a tent from the prisoner 'about a month or five weeks ago at'his place at the Saltwater. Prisoner said he did not want the tonfc, and that was his reason for selling it. He left some blankets, but witness did not buy them. ..Witness gave 10s for the tent. Hugh Boyle, police constable, deposed to having arrested the prisoner on. the l(sth instant. He said that he was not guilty of stealing the things; lie had only com mitfced. a breach of trust. Ths 'prisoner,.- who had nobhing to say ill his defence, was fully committed for trial, CIVIL CASES.— EXTENDED JPRr.SDICTrON. Wickes v. Broham.— A claim of L2G 9s Is, being the amount due fc<> the plaiutilf for the rent of a house occupied some" time since by Mr Inspector James. It apppearcd that Mr Commissioner .Sale, on bohalf of the Government, hrnl- repudiated? the claim,, and plaintiff was thus compelled to sue the Inspector at H<ikitika, under whose instructions the house had been 'taken. Judgment was given for the plaintiff for the full amount and COStS, ; " Herman llathke v. John Connor. — Claim, L4O. This was. a singular case, and, according to the -facts elicited, should not jiave been brought into cotirt. The parties reside at the Tcremakau, and the plaintiff, who had some money lying in the bank at Auckland, asked the defendant to get it for him. Plain tiff- accordingly drew a cheque for the amount, ami .gave it to the defendant, who paid it to Hammond and Divvies, ■''■- of Greymouth", - for negotiation. In due time the money was paid, ; and plaintiff becoming aware of this fact, applied to Hammond and Davies; for it. , The}', however, knew only the defendant Connor in the transaction, and refused to pay it to any person but him. The defendant admitted the claim, and said that the money would have been duly paid had the plaintiff gone the proper way to get it. The Magistrate gave judgment for the amount, but ordered the plaintiff to jjay the costs of court, and three 'guineas professional fee to the defendant's counsel; Affleck v. Bi.tcher— Claim L 53 4s Id. Judgment by default for plaintiff. .Girdwood y. Heslop Claim, L 36 10s Gd. Adjourned for one week at the request of tli3 plaintiff. FIUDAY, FEBRUARY 22. . Indecent Assault ox a Child— Frederick Vanghau was charged on the joint information of Edward King Tyler .and Hannah Coy, with haviugbeen guilty-of an indecent assault xipon a little girl named Ellen Kelly", appeared that ; ;the; child in question, who was only eight or nine years old, lived in a small tent by herself, in Albert-street, her mother being at present in gaol and the fatherdv.'ging at the P.ikilii. The prisoner had gone at night to the childs'tont and gone to bed with .her arid committed the indecent assault charged against him. Witnesses wer.3 called to prove having seen the prisoner asleep in •the childV'bed, and the prisoher,was fully xdmiuitte'd for .trial. It was,s<iated that the [ (jhild had; na : means of support, and.- was dependent iUpon < chance charity for her bare " 'The M^agistrate ; sco^lerQil.;the p'dice to take charge of the child, .and issued a warrant against the father for deserting her. ■•■ : ;. . k ■■ -. '■{ " '„- .