POLICE COURT, QUEENSTOWN.

Lake Wakatip Mail, Issue 107, 7 May 1864, Page 6

POLICE COURT, QUEENSTOWN.

(Before Richmond Beetham, Esq., K.M.) Thursday, sth May. Stealing.—Samuel Johnson was charged with stealing £9, the property of A. Wilson, at the Kawarau hotel, Frank'on, on the 3rd May, 1864. Andrew Wilson, sworn, deposed that he was a miner, residing at Queenstown. Remembered the evening of the 3rd inst. Was at Frankton, and was drinking at Osborne's hotel there, in company with the prisoner. He had been my mate previous to that time: he was not my mate then. Had a chamois-leather purse bag in my pocket at the time: it contained nine £l notes, some specimens, a gold chain, and other art'cles. Dm ing the afternoon the purse dropped out of my pocket on to the floor of the hotel. It was between 9 and 10 p.m. Some time afterwards the prisoner returned me the purse. He took it out of his jumper. The notes were gone; the other articles were in the purse. A very short time elapsed from the time he denied having the purse till prisoner handed it to me. By the prisoner—We were not mates at the time the morev was lost. All the money between us was not divided; our joint expenses had not at that time been settled. To the Court—Had no agreement with prisoner when we became mates. Had told the prisoner a week before this money was lost that we ceased to be mates. We were at Frankton to get settled up. There was £53 owing to us and £lO I had to receive as wages. The money in the purse was my private property. Had not received it on account of the partnership. Was not sober when the purse was lost. Had rolled up the notes and carefully put them into the purse. The prisoner and myself were drinking together. B. Osborne deposed that he was the landlord of the Kawarau hotel, Frankton. Remembered the afternoon of the 3rd inst. Saw the prisoner and prosecutor drinking in the bar of the hotel. Saw the prisoner pick a chamois-leather hag up, take out a roll of notes, and dash it on the floor, and then blamed his mate for being so careless. He did not hand them back to the prosecutor, but put the purse and notes into his own pocket. The two then left in company. Heard the prosecutor next morning complain of having lost £9. The prisoner was about three parts drurk ; he was the most sober of the two. To the Bench—Saw the two again that evening at the Frankton hotel, at about 9 p.m.; they were getting a drink. Did not see the prisoner give the prosecutor back his purse then, or hear any conversation between them. Constable Hunt proved the arrest of the prisoner on warrant. Cautioned him in the usual way, and he said he picked up the purse in the street at Frankton. Searched him, and found £3l 6s. 6d. in his possession, in three different bundles. There were £7 in one. The prisoner mixed up the other two bundles when on the table of the hotel, before I had time to stop him. The prisoner was sober His Worship thoujht that the evidence was insufficient to make tho robbery complete, as it was one of those drinking arrangements between mates. Discharged. civil cases. Shiels v. M'Beath and Co.—Same v. Cassius.— An interpleader case to remove the bailiff out of possession of premises bought by the plaintiff from one Green, a storekeeper at Arthur's Point. Mr Shepherd appeared to sustain the correctness of the execution on behalf of the respondents. Mr Shiels put in a note of sale, by virtue of which he claimed possession of the premises lately owned by Mr Green, who had given him legal possession of the same; but the plaintiff, upon examination, admitted that the money consideration contained in the sale note (£65) was not paid on that day, but was lent to Green some time previously. Mr Shepherd quoted Addison on contracts, and contended that the transaction was an illegal and fraudulent one, and that Shiels should take his place and rank as one of the creditors of Green. The court reserved judgment until after the next case was heard. Lawrence v. Cassius.—Same v. Malaghan and Comiskey.—Another interpleader case. Mr Shepherd appeared for the plaintiff, and Mr Campbell for the repondents. Mr Lawrence, a baker at Cromwell, deposed that while on a visit to Arthur's Point Mr Robertson offered him the hotel and bakehouse for the sum of £IOO, which he bought, as it was cheap, and paid for it by his cheque on the Bank of New Zealand, of Dunstan, and afterwards cashed it at the Kawarau. That the money had been taken from his business, and immediately after the purchase he took possession and placed Mr Smith in charge. The plaintiff was severely cross-examined by Mr Campbell, but he denied that he had received the £IOO first from Robertson to make the purchase with, so that afterwards the property might be returned ; neither did he know when he should see Robertson again. He acknowledged that Robertson had told him he had offered his creditors ss. in the pound, but denied throughout that the transaction was other than a bona fide one on his part, and he had also applied for transfer of licenses. Mr Shepherd dwelt upon the law of sale and contract, quoting various extracts at some length, and argued that Robertson had done nothing fraudulent, and that probably his object in selling was to prevent his property being swept away by one or two judgment creditors to the injury of the others, who would come in pro rata ; besides, the building had not been sacrificed. Mr Campbell called Mr Cassius as a witness, who deposed to a statement made by Mr Robertson, that as soon as all the creditors signed an agreement to give time he (Robertson) would return and resume the business. This was said on the 2nd May, four clear days after the sale to Lawrence. It was also attempted to be proved by

this witness that the property had been sold below its value, but this point failed. After further argument and some consideration, his Worship delivered judgment on this and the preceding case, giving a verdict in favor of the purchasers, as no fraud had been proved. The Court desired it to be understood that before they could upset sales of this kind the most distinct proof would b» required of fraudulent intentions. These sales would take place, and purchasers had to be protected as well as credi-' tors when the consideration passed was a bona fide one. Order to bailiff to give up possession made. Friday 6th May. Assault. —Wm. Hunter was charged with assault. The accused pleaded guilty. James Prender deposed that the accused had struck him on the head and face, and pulled the greater part of one of his whiskers out without cause. The accused, in defence, said he was provoked by the blowing of the prosecutor about the size of his claim and the gold he had obtained. Mr Beetham —You consider that sufficient provocation to commit a vicious and most unjustifiable assault ? I shall fine you £5 and the costs of the court. John Coogan was charged with aiding, abetting, and inciting Wm. Hunter to strike James Prender. Plaintiff deposed that he heard Coogan say to Hunter " Strike him." James M'Cormick, publican, Queenstown, denied hearing the words used, or seeing Coogan incite Hunter; as, immediately the row comemnced, he went for the police, and on his return found them in custody. Mr. M'Redmond, publican at Arthur's Point, was at M'Cormick's on the occasion of the row in question, and heard someone say " Pitch into him, but could not say who it was." For the defence, Gerald Fitzgerald, storeman to Mr. Webster, deposed that he was present at the row between Hunter and Prender, and all that he saw was Coogan trying to keep peace. Never beard the words " Strike him." Case dismissed. CIVIL CASES. Leitch and Chevass v. Pelley—£3. No appearance. Burke v. Brock—£6. No appearance. Christenson v. Anderson—£3 7s 6d. Yerdict by default. M'Carthy v. Fox—£ls, for beer. Mr. Shepherd for plaintiff. Judgment for £l3 15s. Roberston v. Robinson —£16 8s 6d, for timber account. Yerdict for plaintiff by default. Soheib v. Pelley—£6 12s. No appearance. M'Carthy v. Montgomery—£ls 10s, balance of account for beer. £1 lis was paid into Court. Mr Shepherd for plaintiff. Reduced by a set-off to £ll 3s. Kir win v. Robertson—£2o, for wages. Verdict for plaintiff by default. Reduced from 411. Cassius v. Dr Croft —3/. 4s, for sardines and brandy. Verdict by default. The population on Hamilton's is about 1000, which number, I believe, will be greatly augmented now that the river has risen several feet. A great many extended claims have been taken up this last week. Shares in the tail-race on the hill are worth £35. The water race from the Pigburn is expected to be completed in two weeks. Tho race from the Catburn is now finished, bringing in about three heads of water. On the Sowburn there are about fifty miners at work and are making fair wages. The Dunstan Creek has greatly increased lately in population in consequence of arrivals from the river; there are about 500 there, and appear to be doing pretty well. On thje Hogburn mining matteis are very dull. There are few miners left, and, apparently the Post- office will be the only habitation to mark the site of this once busy place.— Evening Star. The comfort of hon. members is certainly not particularly studied in St. George's Hall. Last evening the wind whistled through cracks and crannies to such an extent that the collective wisdom kept their heads warm with their hats, and enveloped themselves in outer coverings of vorious kinds, much in the same manner that they would have done had they been holding a " corroboree" in the street. In addition to this, several severe showers occurred, and the rattle of the rain upon the zinc roof drowned the eloquence of more than one speaker. What with the thumping below, where gymnastics are in nightly operation, and the pelting of the elements on the resonant roof, added to the general indistinctness of members, reporters have but a sorry chance on many occasions of either understanding what hon. members wish to say, or of being able to lay their ideas before the public.— Daily News. Very Like a Whale.—" Two well-bred terriers," says a recent English paper, " belonging to Mr. James Phillips, of Newstead, having been missed several days, it was conjectured they were stolen; but Mr. Galloway, innkeeper at Greenstreet-green, knowing their habits, was fully impressed with an idea that in their eager pursuit for rabbits they might have buried themselves in some bunny's subterranean retreat. Singularly he dreamed that the dogs were entombed in some earths near to Norstead House, and could not rest satisfied till he had made a diligent search, After digging some time the cry of a dog was faintly heard, and eventually both animals were extricated alive, after being buried eight days and seven nights, and, what is still more extraordinary, apparently but little hurt by their long abstinence." What is that which ties two persons, but only touches one ?—A wedding ring.