RESIDENT MAGISTRATE'S COURT.

Lyttelton Times, Volume I, Issue 47, 29 November 1851, Page 3

RESIDENT MAGISTRATE'S COURT.

Before J. It. Godley, E^q., R.M. Denne v. Cox.—Thomas Cox was charged by Tuos. P. Denne with having possessed himself of money belonging to him, (Denne) under false pretences. On or about October 12th, Cox came into the Steadfast rooms and consented to go with me aboard the Government brig, he was asked by Dr. Mac Cheane, and agreed to go ; we went to Clarkson's boat, and I engaged the boat from Clarkson himself for 10s., they then embarked in the boat, there was no plug in the bottom of the boat, I refused to go on, they then pulled the boat round to the jetty ; Clarkson came down then and swore that I should

not go off without another ]os. I had only sovereigns and five shillings in change about me. I borrowed ss. of Mr. Leach to pay the first 10sI was obliged to agree to pay the second 10s. before I got into the boat. I gave Cox the first 10s.; afterwards, on board the boat, I gave him a sovereign ; he declared that it wasjonly half-a-sovereign, and more than once he refused to let me see it when I asked him. I went on board the brig and did not obtain my change. I was not sober when I went on board. Mc'Cheane asked Cox to go with me to pull an oar and not to take care of me. I am quite certain that I paid the first 10s. to Cox. I said, when I first mentioned the subject and complained to Mr, Fitzgerald, that I had paid the sum to Clarkson. I have since heard that I paid it to Cox. I cannot swear whom I paid it to, of my own knowledge. I was not so drunk but that I can recollect many circumstances that occurred that night.

T. P. Leach being duly sworn :—I was in the Steadfast rooms on October 12, in the evening when Denne came in rather tipsy; he agreed to give Cox 10s. to take him off'in a boat. Denne, I, Cox, and another went down to the boat; Denne could not know entirely what he was about; he had only 3 s^ereigus and five shillings in his pocket. I lent ■jC^i ss. I put my hand in his pocket to feel, and swear that he had not a half-sovereign in his p^-iket. I gave the 10s. that we made up between us to Cox; Clarkson came down afterwards; Cox, the next day, on my enquiring how they got on after my leaving, said that Denne had given them a sovereign afterwards. Cox said that Clarkson had got 11s. Bd, by the night's work, ss. out of the first payment, and 6s. Bd. out of the second. (By defendant.) It was bet%veen 11 and 12 o'clock at night that the boat went off. Mr. Clarkson, on being sworn, at first stated that nothing particular occurred on the evening in question, but being threatened with committal, unless he gave his evidence in a proper manner, said; —on the night in question I found Mr. Denne in my boat at the wharf; the boat was nearly full of water ; I made no agreement as to the price of my boat; I had no conversation at all on the subject; Cox said to me that 10s. was to be paid for the boat; this was when we were in the boat. "We went off to the brig ; Cox gave me 3s. 4d. as share of the money he received on board the boat ; I had receive! ss. before; I received only Bs. 4u. altogether; I did not see Mr. Denne pay Cox ; I beard Mr. Denne abusing Cox, he abused me also; I did not hear about what he was abusing us. Cox told me that lie had got half-a-sovereign; Mr. Denne was .very drunk ; I got ss. for the first job when the boat WoS launched; 1 was in bed and heard that the boat was launched ; I swear that I heard no particular difference between Mr. Denne and Cox aboxit the payment, it was general abuse. Leach (re-examined), —Clarkson was on the beach when the boat put off the first time; he spoke to Cox. William Clarkson (examined by defendant), —When I came down the second time the boat was nearly full of water. Thomas Cox (being asked what he had to say in his behalf), —On the occasion referred to,, between 11 and 12 o'clock, Dr. Mc'Cheane a-ked me to put the complainant on board the Government brig ; I launched Clarkson's boat; Mr. Denne paid me and not Mr. Leach (who was pressnt) the first 10s. ; Mr. Denne told me that he had agreed with Clarkson to have the boat for 10s. ; I took him off as a favour ; there was no plug; the boat nearly filled with water ; Clarkson came down then and insisted on having another 10s. for the boat- It was not until Mr. Denne was going up the side of the brig that lie said that he thought he had given me a sovereign ; I shared the half-sovereign which i received; I saw Mr. Leach on the morning after and I only mentioned a sovereign as meaning the two sums of 10s. paid. I perhaps told Mr. Leach that 1 gave 6s. Sd. to Clarkson, a man says many things which are not true ; the words that I said co Mr. Leach I do not deny, nor the money I received. I might have stated what I knew to be' untrue. I offered to compromise the matter and pay 10s. and costs rather than my name should appear in court. The prisoner was sentenced on the 20th to two months' imprisonment, the Resident Magistrate remarking that it was his duty as a constable, to protect, and not to rob the complainant, when he saw that he was incapable of taking care of himself.

Bueglary.—The offices of Messrs. Cookson, Bowler and Go, near the Custom House, were broken into on Saturday night last, and a box, fortunately containing' only printed papers, taken away. It is supposed that the parties, who entered by a window, were among those who had been to the oilice to secure a passage to the gold " diggings," and seeing tkeir pas-sage-money deposited for the time in a wooden box, determined to commence their search for treasure at once; but like too many of the legitimate gold seekers, got little for their pains.