RESIDENT MAGISTRATE'S COURT, LYTTELTON.

Lyttelton Times, Volume XI, Issue 671, 13 April 1859, Page 4

RESIDENT MAGISTRATE'S COURT, LYTTELTON.

MONDAT, APItIL' IItH". (Before John Hall, Esq., 1UI.) (JXIEEX V. M'r,EAlS T. —SMUGGLING. The Collector of Customs laid an information before the Resident Magistrate, charging John M'Lean, master of the brig Hebe, from .Newcastle, N.S.W., with a breach of the Customs Regulations Act, 1858, Sect. XXXVIII., in not having on board his vessel, nor duly accounting for, certain goods, namely, fifty-six pounds of tobacco imd four gallons of rum, appearing on the outward clearance of the vessel from Newcastle as ship's stores. The penalty was laid under the statute at one hundred pounds, and Captain M'Lean was brought up to-' day to answer the chaige. J. \V. .Hamilton, Collector of Customs, produced the outward clearance of the vessel from Newcastlo in which the goods described among others were entered as stores; also the inward report of thebrig at Lyttelton, in which thoso goods did not appear. The missing articles were not clearly accounted for.

Thomas Leslie, the chief officer of the Hebe, stated that he k«pt no cargo book nor ship's log! On the Bth of March a case of gin, a 5-gallon keg of rum, and 66 lbs. of tobacco came on board as bonded stores. The rum and tobacco went on shore again at Newcastle the Saturday night before the Hebe left, being taken by a carpenter named Tom Smith, who had been working on board, in his own boat. He (the mate) received the goods in question from the carpenter, who handed them from the cabin. The master was Jfen ashore. The goods were then handed over the side by the mate to the carpenter, who put them into his boat, and took them ashore about 7 in the evening, when it was dark. Some tobacco but no rum was served out during the voyage. The things were taken out of the captain's state room without orders being given to witness, who did not see who took them from the cabin. The stores had been brought on board by a stranger at 11 o'clock the same morning, and the captain did not make any enquiry for them nor ask what had become of them.

William Sutherland, the cook and steward of the brig, being sworn, stated that he had charge of the stores, and had received the rum and tobacco. The captain and a carpenter came into the cabin that evening, and when the former was gone, the latter took the rum and tobacco on deck, and went ashore. Witness never saw these stores afterwards. He had heard the carpenter receive orders from the captain to take them.

The defendant's statement was that he had ordered stores, and on finding the gin and some tobacco on board he concluded all was right, The gin was consumed during the voyage, and he had never seen any rum. If any stores had left the ship it was without his knowledge.

The Resident Magistrate said that in the opinion of the Court the charge was fully and clearly proved; the nature of the evidence clearly establishing the fact that the offence against the revenue had been committed. He should have little hesitation in inflicting the full penalty of £100, but, at the suggestion of the Collector of Customs, the power of mitigation of the penalty would be exercised, and the fine of £50 inflicted.

Judgment accordingly for £50 and costs,