RESIDENT MAGISTRATE'S COURT.

Hawke's Bay Times, Volume II, Issue 97, 13 March 1863, Page 2

RESIDENT MAGISTRATE'S COURT.

FRIDAY, MARCH 6. [ Before John Curling, Esq., R.M. ] HOBEEHY ON BOARD THE C< SEA BREEZE 11 The following information of James Tautari, master, and Thomas Fernandez, mate, was taken on oath before J. Curling, Esq., R.M.: — I am the captain of the schooner Sea Breeze , now anchored in the Port of Napier. I left one hundred pounds or thereabouts in my cash-box—-£3o in gold and the rest in notes. I placed my cash-box in my chest. My chest stood in my cabin. The chest and cash box were both locked ; they were both safe at 10 o’clock on Friday morning the 6th inst. I left the vessel at 10 o’clock on that day and went to the races. When I returned to the vessel about 6 o’clock I found the chest and cash box open and the money abstracted. Robert M’Gregor, the cook on board the vessel and one of the crew, absconded as I am informed and believe about one o’clock on this said sixth day of March, and has not returned to his duty. I suspect him of having committed the robbery and have offered a reward for his apprehension.

Thomas Fernandez, also on oath, said, —I am the chief mate of the schooner Sea Breeze. I know Captain Tautari who commands the vessel, and X know he is in the habit of keeping money in his cash box in his chest which stands in the cabin. On F'L l -" mu nr-wi, ,-„„t ■ * „ , “““j “■““'J niou. x nun m charge of the vessel Sea Breeze. I know Robert M’ Gregor, one of the crew, who was cook and Steward of the vessel. Yesterday he served up dinner at halt-past 12. The door of the captain’s cabin is not locked, but no person except myself and the steward has any right there in the captain’s absence. About half-past 12 yesterday Robert M’Gregor told me he had to go up to town to fetch bread. I presume that he went; I have not seen him since. From the fact of his absconding from his duty I suspect him of having committed the robbery mentioned in Capt. Tautari’s information now read to me.

Information of the robbery was. given to Ser-geant-Major Scully on the evening of the 6th, when he immediately started in pursuit of the prisoner, and apprehended him at Havelock on the same evening at half-past 11. He searched the prisoner, and found £56 12s. upon him. The prisoner told him he had taken £57 and accounted for the Bs. he had spent. The prisoner was brought up on Monday before M. Fitzgerald, and S. Locke, Esqs., J.P’s., and was formally remanded for 8 days. Munn v. Battison.

A claim for £7. The defendant in this case had hired a horse from plaintiff, and when it was returned it had a bad back, which the plaintiff swore would prevent the horse being worked for two or three weeks, and claimed the amount he sued for as compensation for the loss he sustained in consequence. Defendant pleaded he had taken ordinary care of the horse and that the bad back was the result of the bad saddle given him with the horse. Judgment for plaintiff for £1 12s. 6d. Costs divided. TUESDAY’ MARCH 10. [Before J. Curling, Esq., It.M., Hunter Brown, Esq., It.M., H. S. Tijfen, Esq., J.P.'] John H ade lined ss. for drunkenness. Fine paid. Wood v. Stuart. Claim £3 10s. 6d. for debt. Judgment by default for whole amount and costs 7s. Te Teira Katene v. Forester. A claim for £5 17s. 9d., the value of a cheque given by defendant to plaintiff in payment for share of oil, and which was dishonored on presentation. Judgment for whole amount and costs. J. Harrell v. Forester. A claim for £5 1/s. 9d., arising out of a similar case to preceding, Judgment for whole amount and costs. Te Teira v. Forester. A claim for £5 17s. ltd. Similar to the preceding eases. J udgment for the amount and costs. WEDNESDAY", MARCH 11. [_ Before J. Curling, Esq~\. a ames Hooper was fined ss. for drunkenness. Fine paid.