RESIDENT MAGISTRATE'S COURT, LYTTELTON, Jan. 22, 1851.

New Zealander, Volume 7, Issue 511, 8 March 1851, Page 2

RESIDENT MAGISTRATE'S COURT, LYTTELTON, Jan. 22, 1851.

[From the " Lyttelton Times," Jan. 25.] Breach of the Customs' Ordinance. ' Before J. R. Godley, Esq., H. I. Tancred, Esq., and E. J. Wakefikld Esq. George Armstrong, master of the cutter " Katheiine Jolmstone," was charged by H. G. Gouland, Esq., the bub-co)lector of customs, with having five quarter caiks of contraband spirits, and a hogshead of nine, on hoard his vessel* Mr. Gouland conducted the case for the customs, and Mr. Danopier appeared in behalf of the defendant. From the evidence adduced in support of the charge, it appeared, that Mr, Ballard, the acting landingwaiter at this port, searched the cutter, on the 20th jnst., by Mr. Gouland's direction, and found on board five qr. casks of brandy, and a hogshead of wine. Mr. Ballard produced the last clearance which the master of the cutter had given him on that occasion, which stated the vesiel to be in ballast. Armstrong had then told him that he had procured the spirits and wine from a French wha'er at Akaroa. The makter had prepared a report for presentation at the C ustom-houae, after Mr. Ballard h«d boarded the vessel. This was about a quarter past eleven on Monday morning. Upon cross-examination by M>. Dam pier, Mr. Ballard could not state when the cutter came into the harbour. The first time he saw her was on Monday. Previously t<> his going on board, he saw Armstrong on shore, who did not say anything about the spirits and wine. He in him afterwards on the jetty, and told him, he w»s going on board the cutter. Whilit in the boat, going off to her, Armstrong told him the •wine and spirits were on board, and that he had been tm shore to collect the money to pay the duties. The reason given by the sub-co!iector (or refusing the entry proffered by Armttiong, was because the vessel had been already seized. No impediment was thrown in the way of the search : the hatches were closed, bnt not fastened. There whs ballast in her, but not sufficient to cover the spirit* and wine. Upon re-examination hy Mr. Gouland, Mr. Ballard stated that Armstrong's admission as to the possession of the goods was alter he hud been inlormed of the intention to search. No money was tendeied for duties, but Armstrong's willingness to pay was ex» pressed. Baker Polhill Bvvorn,—,stated that he had told Mr. Goulaud he had received information from Akaioa,

that the " Katherine Johnstone" hod taken wine and spirits on board from a Frrnch whaler, and that it was intended to Innd them at Sumner. He received orders to look out for her, and did so accoidingly. He saw her coming n;> on Sunday morning, and went over to Sumner. He went on board wilh Mr* Ballard m Monday. Tlie rase turned upon the illegal uashiptnent of the goods from the French vessel, which it setms is also liable to seizure, the Custom's ordinance being very explicit on tbi-> point. After a thorough investigation, the Court came to the decision that the illegal unshipment had taken place, and tint the vessel nnil contraband goods weie forfeited. Condemned accordingly.