RESIDENT MAGISTRATE'S COURT.
February 13th, 1852. Before Captain Simeon, R.M., and J. E. Fitzgerald, Esq. Eadcs v. Me' Donald. —The defendant in this case was charged with a breach of the Customs Laws, by having 29 lbs. of tobacco in his possession, the same being uncustomed goods. Mr. Dampier, on the part of the defendant, raised a preliminary objection 10 the proceedings, on the ground that the information had not been taken before two Magistrates, the Resident Magistrate not being empowered to act for two justices in this matter. .Objection overruled. James Tregear duly sworn : on the morning of Feb. 10, about two or three o'clock, I was awoke by a dog; I heard some footsteps, a policeman— Bracken,—or the watchman said that five men were knocking about; I lay down again, heard a footstep and looked out of the Avindow, I saw a man come.by the V hut and close by Mr. Birch's house. The man was Mc'Donald; he then returned and came past the back of Mr. Cookson's office and into the yard in front. I could not see him. under the ladder; he came out from the ladder with something under his arm ; I jumped down and followed him into the gull}'-; I saw something dropped, I could not say what. About ten yards further on we had a scuffle; the watchman and policeman came up, the watchman first. I gave Mc'Donald in charge. I saw Bracken pick something up, I took it for a portmanteau. It was a fine moonlight night, I saw the parcel clearly dropped by Mc'Donald, I cannot swear that it was the identical parcel which was afterwards picked up by Bracken. Our boy was present. I saw Bracken making search ; about two or three hours after some people came to make a further ssarch, it was then-daylight. There is some' loose tobacco in the gully among the grass, it is shag or bird's eye, I don't know how it came there. The bundle I saw dropped was dark; that picked up by Bracken was dark also. I gave Mc'Donald iv charge for taking things out of the yard ; five or six yards from the place where I did so I first saw Bracken with the parcel. I supposed at that time the parcel was taken from Mr Cookson's premises. Hugh Bracken duly sworn : on Tuesday morning Tregear gave defendant in charge for assaulting him and taking a parcel off the premises ; a boy named Bradley was present; I saw a parcel lying about, two or three yards off before I laid hands on defendant. I lifted the parcel from the ground, it was wrapped up in a handkerchief, it was tobacco, negrohead or cavendish. I handed the parcel over to the watchman, I saw it afterwards at Cameron's, and informed Mr. Eades. There is a little grasscut tobacco in the gully now; but quite different from that which I picked up. There could not have been a second parcel when I searched without my seeing it. Thos. Bradley deposed to the facts previously stated, and gave evidence that there could have been no second parcel. Peter Cameron sworn: on Tuesday morning last a parcel of tobacco was left at my housed Hines told me afterwards that he had left it,.there was more than 25 lbs. weight. The tobacco was in cakes, I gave it to Mr. Eades. Wm. Eades sworn: on Tuesday I received a bundle of tobacco from Cameron, I then placed it in the bonded store; afterwards I weighed it; 29 lbs. ; tobacco of that description costs ss. or 6s. per pound. Joseph Clarkson sworn: I live near Mr. Cookson's. On Tuesday last I picked up a bundle near Mr, Cookson's, it was in a handkerchief with black spots, a man of the name of Donald, or some such name claimed the bundle, the defendant is the man. I gave it to him on his describing it and telling me where he had lost it. I found the bundle soon after daylight in the grass, near the watercourse, on the same side as Mr. Cookson's countinghouse. There were two shirts in it.y James.Tregear recalled: Mc'Donald had no parcel unless it was concealed about his person when I saw him pass the V hut, the parcel I saw him carrying afterwards was larger than a bundle of two shirts would be; I was four or five yards off from him when he passed under the window. The magistrates considered the offence proved, and it remained for the Collector of Customs to decide between the penalty of 100/., tr treble the value of the tobaccc. The Sub-Collector wished the treble value, being the lesser sum, to be forfeited, and time was allowed for payment.
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Lyttelton Times, Volume II, Issue 59, 21 February 1852, Page 6
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792RESIDENT MAGISTRATE'S COURT. Lyttelton Times, Volume II, Issue 59, 21 February 1852, Page 6
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