RESIDENT MAGISTRATE'S COURT, GREYMOUTH.

Grey River Argus, Volume V, Issue 318, 28 January 1868, Page 2

RESIDENT MAGISTRATE'S COURT, GREYMOUTH.

(Before W. H. Revell, Esq., R,M.) Monday, Jaxuauy 27. Drunkenness. — John Hayes, for being drunk, was fined 5s and cos.ts., LAJRCIJNY. . Charles M'Phee, was charged on the information of Charles Harling, with having, on the 26! th instant, stolen money, to the amount of £2, from lxis shop on Mawhera Quay. Charles Harling deposed that lie was a tobacconist, residing on Mawhera Quay. On the day in question he had occasion to leave his shop in the afternoon for about twenty minutes. No one was left in charge, but he locked the front door, and closed the back door, but did not fasten it. He counted his cash before he went ; there was about L 3 10s in the till, all in silver, chiefly half-crowns and two shilling pieces. The till was under the counter. On his returning he found a boatmau, named Bill Mitchell, standing in the yard with a broken pipe in his hand. On going into the shop he saw the prisoner behind the counter, opposite the till ; the back door of the premises was open. Prisoner came from behind the counter when witness got up to him. and he heard the sound of money eroing into the prisoner's pocket. Went to the till and found about L 2 missing. Prisoner made no remark at that time. When he was pbarged with the theft, the prisoner denied it, and witness sent Mitchell for the police. Prisoner made an attempt to go out of the door, but afterwards said he would go to the Gamp with him. When they reached Perotti's comer, prisoner offered to give Avitness ss ? "to oblige me, as he did not want a row about it." Witness refused to take it, but told prisoner that if lie would return the whole of the money stolen he would' say nothing more abo\it it. Prisoner afterwards offered witness 19s fid. The leather match-case produced, found on the prisoner, was exactly similar tv others witness had in stock. By the prisoner : You did say something about thinking that the boy was mit or asleep. You were opposite my till when I saw you. By the Court: The 19s 6d offered to me by the prisoner was in half-crowns and two shilling pieces. Constable Slattery stated that he found the watch-case produced on the prisoner when he arrested him. Prisoner madft no remarks on being arrested. The prisoner, in defence, said that he had gone to the shop with Mitchell to buy tobacco and get a pipe mended ; that he kicked at the door, and getting no answer he thought the boy was asleep, and he went into the shop to see. The Magistrate remarked that he had no doubt of the prisoner's guilt, and sentenced hi in to four months imprisonment in Hokitika gaol with hard labor. His Worship tilso commented on the offer made by the prosecutor to compound the theft, and reminded him and others that by so doing they rendered themselves liable to punishment. Usiua Language Calculated to Pkovoke a Breach op the Peace. James Johnston, proprietor of the Melbourne Hotel, was charged by Joseph Kilgoiir, proprietor of the Union Hotel, with having on Tuesday last used language towards tho plaintiff calculated to lead to a breach of. the peace. It appeared from the evidence, that a few days prior to the day on which the alleged offence took place, a dispute had arisen between the parties about certain geese belonging to the plaintiff, which the defendant had impounded, having driven them in with a number of his own. The defendant sent round the bellman to give notice that the geese were in his possession and that 1 , the owner could h:ive them on payment of -the expenses. The plaintiff went clown to defendant's premises, and in conjunction with his servant, let the geese out and drove them home. A day or two afterwards the defendant and some others were in the plaintiff's bar, and some words ensued respecting the geese. Plaintiff told the defendant that if he meddled with any of his (plaintiff's) property again he should lay a criminal information against him. The defendant thereupon said to the plaintiff ' ' You have no business to be where you are — you ought to be serving your time." This exaggerated the plaintiff, and but that the defendant made his escape, he certainly would have attacked him. The words alleged to have been uttered wore corro--1 berated by John Harris, who, however, said "he laughed at them, and did not think they were meant otherwise than in joke." The defendant said in defence that although he did make use of the words alleged, he did not mean to offend Mr Kilgour ; they were simply uttered in reply to the plaintiff's threat tkat he I would lay a criminal information against him. With regard to the geese, he had sent two or three times to the plaintiff asking him to come and see if they were his, but he did not come until one morning when he (defendant) was btisy seeing the coach off. The Magistrate fined the defendant 10s. a id coats. Obtaining Goods ay a False Pbetsnce. — Reginald Forster Chapman, who described himself as a son of Edward Chapman, of the firm of Chapman and Hall, the eminent publishers in London, was charged with having obtained certain goods from Messrs Smith and M'Dowell, drapers, Greymouth, of the value of L 5 ' 10s 6d, by means of a valueless cheque. W. S. Smith deposed that, he was a member of the firm of Smith and M'Dowell, drapers, Greymouth. On the 11th inst the prisoner called at the shop and selected a suit of clothes, which he requested might be put aside for him and he would call and pay for them. He called again two hours after, and witness directed the salesman to put them up. Prisoner selected a few more small articles making a total of L 5 10s 6d. He paid for them by a cheque on the Bank of New South Wales. He filled it up on the counter and signed it R F. Chapman. Witness patted with the goods solely on account of believing the cheque to be good. On the 13th (Monday), witness presented the cheque, and it was refused payment and marked "no account." Witness afterwards saw the prisoner and called him in and aaked him what he meant by giving such a cheque? Prisoner made a long statement about his . respectability, and said he had funds in the bank at Hokitika, and that if witness would hold the cheque over for a day or two it would be alt right, as he had an agent in Hokitika, Mr IVl\inson, who would pay L 25

into his account. Witness had a second conversation with the prisoner after he had hold over tl\e cheque, and prisoner said his. funds ha.d not arrived, but he had arranged with Mr Kilgour to pay the cheque. Saw the prisoner- next day and asked him if he ha.d got the money from Kilgour. He said h§ would go and get it in five minutes. Witness told him that if he did not he would- lay an information against him. Bid not see the prisoner after that, and afterwards handed over the cheque to the police. Cross-examined by Mr Perking ; Prisoner did not ask to take the goods away and say he would call again and pay for them. Would not have ]et them go without payment. I did say to prisoner that if he would take up the cheque, I would say nothing further about it. I I said that if he did not get the money in five minutes I would take criminal proceedings. He said. "Don't do so ; I will be back in five niinutes,' 1 J think he in tended to defraud me of my goods. James Hctwarth, assistant to Smith and M'Dowell, 2»oved having seen the prisoner write the cheque on the shop counter. ' Cross-examined : I would have let him have the poods without paying for them if I had been selling on my own.responsibility. . • F. O. W. Croft, acting accountant at the Bank of New South Wales, Greymouth, deposed that he remembered Mr Smith presenting the cheque produced for L 5 10s 6d, drawn by R. F. Chapman. He marked the cheque in the usual way " no, account," there being no person of that name on the books. Cross-examined : The pink cheque produced is drawn by R. F. Chapman, but is filled up in the handwriting of the accountant at the Bank at Hokitika. On the back it is marked " Collection account drawer" — meaning that it is a cheque for collection on the drawer's account. 'Jt is a cheque on Melbourne for L4O. It is marked N.S.F., and that would imply that the drawer had an account but not sufficient funds. I remember the prisoner coming into the bank about a draft for L4O. He asked if any money had been transferred from Hokitika, as he had sent instructions for the transfer of his account to the Grey. Cross-examined by Inspector James : Never knew an instance where N.S.F. was marked on a cheque when there was no account. A telegram was sent, to Hokitika to ask if the prisoner had an account there, and a reply was $ent tq gay that he had not. The prisoner, after being duly cautioned said : — 1 am the son of Edward Chapman, of Picadilly, London. lam entitled to receive from my father an allowance, qf £A per week, payable weekly, and my godfather, John Forster, allows me £2 per week, which is paid monthly. I have here (produced) an account written by the Chief Secretary of the Bank in Melhourne. Mr John Badcock, Manager of the Bank of New South Wales, in Melbourne, has instructions not to forestall my allowance, but to pay it weekly. I drew cheques on the Bank when I was in Melbourne, which, were honored. When I came to Hokitika I paid in a cheque for to transfer the money from . Melbourne to Hokitika, thinking that the money was due. I afterwards found that only £36 was due, and that is the l'eason, I expect, why the cheque was dishonored. When I came to the Grey, thinking that the money would have come from Melbourne, I wrote to the Bank at Hokitika, asking that it might be transferred to the Grey. I had no intention of defrauding the prosecutors and am perfectly willing to pay them the money. His Worship, after a few pertinent remarks dismiseed th© charge, JVnd the prisoner was liberated.