RESIDENT MAGISTRATE’S COURT.

New Zealander, Volume XVIII, Issue 1727, 27 September 1862, Page 4

RESIDENT MAGISTRATE’S COURT.

WEDNESDAY, SEPTEMBER 24th LARCENY,

Thomas Mulvancy, a private in the 65th rcgt., was charged with stealing a pair of watertight boots, the property of Joseph Ingram, valued at Ids., from the Cornish Arms Hotel.

It appeared from the evidence that prosecutor and prisoner slept in the same room at the Cornish Arms, on Monday night last, and prisoner leaving before the prosecutor took the boots away with him, and was arrested with them on.

Ordered to he imprisoned for three months with hard labour.

Thomas Mulvancy was also convicted of stealing a pair of Wellington boots, value 165., the property of William Sadgrovc, the proprietor of the Cornish Anns, from the kitchen of which he took them on the same night as the others, and when arrested had them under his arm.

Ordered to he imprisoned for four months with hard labour, to commence at the expiration of the former sentence.

Samuel Hodgson, a private in the 65th regt., was brought it]) on a charge of stealing a quantity of wearing apparel, the property of one John Williams, residing at the Cornish Arms, Albert-street, on Tuesday last.

John Williams, being sworn, stated: I am a labourer, residing at present at the Cornish Arms Hotel. On Monday evening last, my things were there: I saw them there about eight o’clock that evening. I left the bag produced there with the things in it. The bag is worth 25,, the coat 155., blanket ds., two shirts 3s. each, rag Is., pair of trousers 155., corduroy trousers Is., vest (id., and the sheet Is. 6d. Those articles enumerated are all my property, and arc the same that 1 left at the Cornish Arms. When I went back next next morning, I found the bag removed. Cross-examined by prisoner: I did not see the bag in your possession. Joseph Ingram, sworn, stated : I am a labourer, living iu Auckland. Last Monday 1 slept at the Cornish Arms Hotel. I know the prisoner, he slept in the same room with mo on Monday night last; about a quarter past ei* o’clock neat morning I got up, mid the door

was not unlocked. I saw the prisoner pulling the j clothes bag now produced out of the kitchen window; ho was trying to pull it through the window, andll pulled it away from him, and took the bag away. The prisoner then went away, and I did not see him for an hour afterwards, when he was in the same public-house. Cross-examined by prisoner; I saw yon pulling the bag out of the window. You were outside, standing in the lane.

John Williams re-examined, stated: I left my bag in the kitchen ; there is a bed-room over it. The bag was on the top of my box, about two or three yards from the window ; my box was partly broken open, and thrown on its back. Joseph Ingram re-examined, stated : It was the kitchen-window which was undcrour bed-room, through which the prisoner was pulling the bag. When I got up in the morning I found the doors locked, and the prisoner must have got out through the window, as there was no other way for him to get out. Prisoner was here remanded till next day (Thursday). DRUNKENNESS. Catherine Macdonald summoned to answer to the charge of being a common drunkard did not appear, aqd a warrant was issued for her apprehension. Ann Shields and Thomas Evans were each fined ss. and costs, for a first offence within three months, or to be imprisoned for 24 hours with hard labour.

THURSDAY, SEPTEMBER 25th. CLAIMS FOR DEBT. Rioo v. Balneavis.—This case was adjourned from last Thursday for judgment. His worship declared a nonsuit. Grace v. Taylor.—This case was also adjourned from last Thursday, for the production of another witness. Judgment was declared for 155.; the money paid into Court. W. Ross v. C. J. Stone, —This was a claim for £4 4s, for acting as interpreter between Captain Barra, of the French barque Eugene, and Mr. Stone. Judgment for plaintiff, £4 4s. and costs. Tweedale v. Campbell.—This was a suit to claim damage done to a dray, by defendant’s coming in contact with plaintiff’s. Judgment for plaintiff, £4. Deeks v. Young.—Claim for £5 14s. for work done. Judgment for plaintiff, £2 45., including money paid in. Barry v. Matthtws. — ln this case £\ 15s. 3d. was paid in, and accepted by the plaintiff. Graham and others v. Oakes. —By consent of the solicitors for the parties, judgment was declared for the plaintiffs: plaintiffs agreeing to a re-hearing on application of defendant within one month. Sayer v. Worms. —This case was referred to the Clerk of the Court: reference to include all matters in dispute, with regard to the accounts, O’Hara v. Coyle.—This case was adjourned till next Thursday. Grey v. Hambs.—Adjourned for one month. Franklyn v. Woollams. —Adjourned till Monday next. Grace v. Hudson.—Claim for money due for butcher’s meat supplied. Adjourned till Saturday. Several other cases were settled out of Court, and otherwise disposed of. larceny. Samuel Hodgson, remanded from the previous day, was again brought up on the above charge. John Nelson sworn, stated: —I am a labourer residing at the “Cornish Arms.” I know the prisoner. On Monday night last I slept there (the “ Cornish Arms,”) in a room over the kitchen. About six o’clock on Tuesday morning I saw the prisoner pulling the bag of clothes through the kitchen window. Ingram took the bag from the prisoner and gave it to me, and I put it in the chimney place. Cross-examined by prisoner:—Nothing happened between you and mo on the night previous. I did not offer you a suit of clothes to come away with me; and I did not go to any place with you. Corporal Smith, of the police, stated:—On Tuesday last, about 3 o’clock in the afternoon, I apprehended prisoner, under warrant. I also received the bag of clothes now produced from the prosecutor. '.The prisoner was then ivsked whether he had anything to say in answer to the charge, and cautioned that it would be used against him at his trial. The prisoner said, on Monday night last I went to bed in a public house with the witnesses Nelson and Ingram, and sometime in the night one of the men took a pair of boots, and in the morning Ingram charged me with taking the boots. Nelson told mo he would give me a suit of clothes if I would desert and go with him, and I would not. When he found 1 would not go he said he would swear robbery against mo. The other man, Ingram, also wanted me to go with him. Ho was then committed to take bis trial at the next Criminal Sessions of the Supreme Court.

DESERTION. Edward Wallace was brought up on charge of deserting from the ship “ Blundell," on the information of Captain Richard May Lean. Prisoner pleaded guilty. Richard May Lean, sworn, stated. —I am master of the ship “ Blundell.” The prisoner is an able seaman on board the ship. In the early part of last month the prisoner and others of the crew were sent to the Hospital. Yesterday I met him in Parnell and asked him why ho had not joined the ship. The man ho was working with came forward and stated in prisoners’s presence that he had employed him in spar making at 4s. a day, the prisoner having told him he came out in the Robert Small,” and had served four years tit the trade. I made an entry of it in the log book. He had not been on board since Tuesday, 6th August, when he was sent to hospital. I have entered in the log that he was discharged from hospital on or about the Bth September. [The witness here read the entrys in the log book.] Prisoner was remanded till next day (Friday.) a common drunkard. Catherine McDonald was brought up on charge of being convicted for the third time as a common drunkard. Corporal Smith and Alexander McDonald (her husband) both gave evidence of her having been twice before convicted of this offence and bound over in sureties; and also that she was an habitual drunkard. Ordered to find two sureties for three months in £25 each. DRUNKENNESS. John Murphy, Alexanderßoswell, and Ellen McLean were then brought up on the above charge and summarily dealt with. FRIDAY, SEPTEMBER 26th. DESERTION. Edward Wallace, remanded from the previous day, was again brought up on the above charge. T. M. Philson, sworn, stated:—l am Provincial Surgeon. 1 know' the prisoner AVallace. He was an inmate of the Provincial Hospital, and was discharged on the sth instant, as fit for duty. Cross-examined by prisoner:—l do not know that I told you that you were fit for duty; but I considered you fit and discharged you. Benjamin Blakay, sworn, stated:—l am a block and spar-maker, residing in Fort-street. I was working in Nicholl’s yard, and prisoner came to the yard about a w'cek ago and asked for work. 1 gave him work; and he commenced in my service last Tuesday week and continued so until the Captain took him aw r ay. His wages were 4s. a-day. He stated that he came out in the “ Robert Small,” and had been working in the bush. Prisoner was found guilty and ordered to be imprisoned for 12 weeks, with hard labour. ARSCONDINO APPRENTICE. Michael Ryan was brought up on a charge of absconding from his master’s service; he being bound to Thomas Cotter. He was discharged on promising to return to his master. AIISENT WITHOUT LEAVE. John Carey was charged by Edward Wheeler, master of the s.s. “Lord Ashley,” with being absent without leave. Prisoner pleaded not guilty. Edward Wheeler, sworn, stated:—l am master of the “ Lord Ashley,” Prisoner is fireman on board. On Tuesday afternoon 1 was coming along the wharf and met the prisoner drunk. Ho was then absent without leave and without sufficient reason. I do not know when he left the ship. The working hours are from 7 to 5 o’clock; and none of the men arc allowed to leave the ship without permission at any hour. The firemen arc particularly required on board. [Captain then read the entry in the log.] The chief officer and head engineer also gave corroborative evidence of his being absent without leave. Ordered to he imprisoned for seven days, with hard labour. CHIMNEY ON FIRE. Charles Lawson was charged with a breach of the Municipal Police Act, by allowing the chimney of his house to bo on fire in Wynyarcl-strect on the 22nd instant. The charge was admitted, and he was fined 10s. and costs.

DISTRICT COURT (Adjourned). (Before T. Beckham, Esq., Judge.) THURSDAY, SEPT. 25th. Maiiston v. Vickuuy.—The arbitration award in this case was brought up, ordering a nonsuit, and each party to pay his own costs. Posseniskie and Co. v. Solomon. —On the application of Mr. Merrimnu, who appeared for the plaintiffs, this case was adjourned until the Ist October, Court adjourned to the came date,