RESIDENT MAGISTRATE'S COURT.

New Zealander, Volume XVIII, Issue 1721, 6 September 1862, Page 4

RESIDENT MAGISTRATE'S COURT.

SATURDAY, AUGUST 30th, 1862. LARCKNY. Luke Jones, remanded from Friday, was again brought up by Mr. Commissioner Naughton on charge of stealing four fowls from John Buckland Wnv. John Bttckland Way sworn, stated:'—l am clerk to Alfred Buckland; I only know the prisoner from seeing him in charge of the Police. On Saturday last I had four fowls in my charge; I saw them at about half past four o'clock in a coop under a shed. I missed them on the Tuesday I'ollowing j from what ] saw of the fowls now produced I should say they are the snme fowls; I have no doubt about them. They are Mr. Bnckland's property, and I value them at 20s. They were in my charge.

James Gay being sworn, stated: —I am storeman to Mr. Alfred Buckland. The last witness had four fowls in bis custody last Saturday, the fowls produced I believe to be the same, I have" no doubt whatever of them; I saw them on Saturday afternoon between 4 •ind 5 o'clock, and on Monday morning when 1 arrived in Mr. Huekland's yard, between '.» and 10 o'clock they were gone.

Danniel Addis sworn, stated:—l am a carter living in Auckland; I have seen tho prisoner before I saw him on Sunday last between 4 and 5 o'clock hawking fowls for sale; he offered me the (owls produced for Gd. a piece, and seeing that they were worth more, 1 questioned him, and at first he said be bought them at Henderson's Mill and brought them down on Saturday. I reminded biw that J had seen him on Fridav, and he

then said he bought them from a Native; I told him I suspected he had stolen them; he then threw the fowls in the street and made off, I pursued him, but having onlv slippers on I could not overtake him. I subsequently gave the fowls into the custody of Sergeant Examined by Prisoner:—You Were standing at Mr. Weston's door when I saw you, and you asked me to buy the fowls. , , By the Court:—The fowls produced are the same fowls. . ~ James Foster sworn, stated:—l am sergeant m the Armed Police. Between 4 and 5 o'clock on Sunday last the last witness showed me four fowls lying in Durham-street* and slated he suspected they were stolen by the prisoner. The fowls produced are the same fowls. Guilty; to be imprisoned for six months with hard labour. BREACH OF THE WIIARE REGULATIONS. Charles Robinson was charged by Captain William Ellis, Harbour Master of the Port of Auckland, with a breach of the 19th clause of the Wharf Regulations, 1861, by not removing his boat from alongside the Wharf when ordered by the said Capt. Ellis so to do. Mr. Brookfield appeared for plaintiff, and Mr. Beveridge for defendant. William Ellis sworn, stated:—l am Harbour Master for the Port of Auckland. On Tuesday last 1 was on the Wharf in execution of my duty; I saw defendant there. The regulations produced arc the regulations for management of the wharf. [loth and 24th clauses ol the Wharf Regulations were read.] On Tuesday, defendant's boat was alongside the wharf under the long crane. I desired him tq remove it, that another vessel might come under it I bad left instructions for the other vessel to come in. It could not get under while defendant kept his boat in the position he did. His boat was not removed for 10 or 15 minutes afterwards. He could decidedly have removed it in less time if he had chosen. Examined by Mr. Beveridge :—I am not prepared to sav what tlie name ot defendant's boat is. I have seen defendant in it, but cannot swear that he is master of it or that it is his boat. Defendant was on rfhe wharf when I spoke to him, not in the boat. When I spoke to him he was taking part in the management of the boat: he was abreast of it.

By the Court: —He said to me it was favouritism made me act so. Mr. McLcod's boat was the one I desired to go in. John McLeod, Sworn; stated:—l am a settler residing in Auckland. I was on the wharf on Tuesday last and saw Captain Ellis and defendant there. I heard Captain Ellis direct Robinson to remove his boat from the crane. Ido not know who brought up the boat. Robinson was giving the men directi"ns asib managing' the boat; and he persisted in not removing it. He did not refuse positively in words in my hearing, but he did not remove the boat for a length of time. I went about 3 or 4 hours before and obtained permission from Captain Ellis to put my vessel under the crane. Examined by Mr. Bevcridgc :—I saw the boat coming in, but did not see Mr. Robinson in it; only saw him on the wharf. It was from ai to an hour before the boat was removed. I think Mr. Ellis stated who he was; he spoke of his authority being trampled on, and, I think, he intimated he was wharfinger. I heard Robinson urging the men to get the boat into the crane and keep the other vessel out. I cannot exactly say what he said. This was before Captain Ellis came. Bv the Court: —I saw the boat removed by the men. The" Custom's officer and Robinson had a conversation. I did not hear Robinson urge the men to get her out; but there seemed to be a mutual agreement between Robinson and the men to remove her. The boatmen unmoored the boat. Case dismissed lor want of proof of ownership. USING ABUSIVE LANGUAGE. Charles Robinson was charged by Captain William Ellis, Harbour-master, with using abusive language to him while in the execution of his duty, and with breach of the 15th clause of the Harbour Regulations on the 26th inst. Charge withdrawn on payment of costs. Charles Purdy and Robert Wells were then charged with the same offence by Captain Ellis. lioth charges withdrawn on same terms as the preceding one. MONDAY, SEPTEMBER Ist. ABUSIVE AND THREATENING LANGUAGE. James McPhee wat charged by his wife, Anne McPhee, with using abusive and threatening language. Ordered to find two sureties in £25 each to keep the peace and be of good behaviour for three mouths. CLAIM FOR WAGES. Thomas G. Wilson and John Lloyd were sued by Edwin Jones for £3 55., wages due to him as cook of the " Vision." Plaintiff etated he was engaged by Capt. Throop as cook of the " Vision," and made three trips in her, at the end of the fourth trip defendant (the owner) came on board and displaced him. Judgment for plaintiff] BREACH OF THE SLAUGHTER-HOUSE REGULATIONS' Joseph Laurie Vercoe charged Joseph Syms with a breach of the 6th clause of the " Rules for the management of Public Slaughter-houses." Adjourned till Friday next. PETER GRACE V. J. P. HYDE. Tl is was a claim for £-'5 for carriage hire. Judgment for plaintiff, £3 and costs. ' TUESDAY, SEPTEMBER 2nd. DRUNKENNESS. Four drunkards were brought up and two fined ss. and costs, and the other two 20s. and costs, or in default of payment imprisonment with hard labour. WEDNESDAY, SEPTEMBER 3rd. Charles Nash, Cook on board the " Queen of the North," was charged by Alexander Crombie, with being absent without leave or reasonable cause. Prisoner pleaded guilty. The charge was not pressed, and by desire of the Captain the prisoner was discharged, on his promise in open Court not to transgress again. Costs ro be deducted from his pay. DRUNKENNESS. Two drunkards (one a Native) were then brought up and charged with the above offence and fined ss. and costs each or 24 hours' hard labour. claim for wages. William Williams v. Adam Chisholm. This was an action to recover £3 10d., balance due for wages from Ist June to 29th July, 1862. William Williams, sworn, stated: I was employed by defendant. I began on 7th June and left off on June 29th; 10s. per week were my wages and my food. Defendant told me to buy the groceries and he would pay me. I gave them to defendant. He gave me £1 and I got no more from him. On Sale, Ex " African."'" ™f TI JPERfOR CHILDREN'S PERAMBULA- Tl t TORS merican Smoothing Irons 4 Wheat Mills. At S. HAGUE SMITH. on 4 Six 0} )r Lease, for a term of Ten Years, Ti<i " Nei j O ACRES OF LAND, situated 12 miles Soma tO from Auckland, on the Great South Road. VietcS lers will be received by Wood & Barer, y c «j lam-street, Auckland, for a Ten Years' Lease of I ovc Property, on or before noon of the Ist day rcmber, 1862, subject to the approval of the iter, C. W. Ligah, Esq. ProDcrtv..js wf;U l ana told him when he was better to como down, and upon his doing so I gave him .£1 10s.. When I gave him the £1 I do not recollect how long he was with me perhaps three weeks. I never put him out; he went himself by the vessel. No person was present when 1 paid him the 30s. I paid him it the day he left me. The groceries arc there still, he can send for them. Judgment for plaintiff £\ 4s. and costs.

THURSDAY, SEPTEMBER 4th CLAIMS FOR DEIIT.

Hill p. Crombie,—This was a claim for the price of a drum of methlegated spirit, purposed to be delivered in good order as per bill of lading; but it appeared that leakage had occurred from an old sore which had parted and allowed leakage. Plaintiff - was non-suited by his own desire.

Dokan o. Foi.KT.-~This was a claim for £4 14s. Bd. for bread delivered, being 308 loaves at 4d. a loaf, which plaintiff said was made out of his own flour, and which defendant claimed as his. Judgment for defendant.

Douglas v. Done.—This was adjourned till next Thursday for judgment.

Deank v. Sayer.—This was also adjourned till next Thursday for judgment. Brown t». Foley.—This was a claim for the payment of 14 tons firewood, at 10s. a ton, supplied to defendant. Non-suited.

Possuniskie & Co. v. Bbiqos.—No appearance. J. C. Bond stated he was one of the plaintifis, and the goods were supplied and the charges were reasonable. Judgment for plaintiff £9 Gs. C>d. Six other eases were settled out of Court.

DRUNKENNESS. Two drunkards were then fined ss. and costs or u hours' hard labour for being drunk and disorderly i the public streets. y m

The only business before the Court yesterday «• two petty cases, one of which was dismissed, and in & other there was no appearance. There was not ev strange to say, a single case of drunkenness. eDj