RESIDENT MAGISTRATE’S COURT.

New Zealand Times, Volume XXIX, Issue 4160, 21 July 1874, Page 3

RESIDENT MAGISTRATE’S COURT.

Monday, July 20. (Before J. C. Crawford, Esq., R.M.) ' Vaoliancy. —The man Wheeler, charged with vagrancy, was further remanded to enable the police to prosecute inquiries respecting his previous career. BBEAKXNO BULK. Albert Blake and George Bromley, immigrants by the ship Waikato, were charged with broaching the cargo of that vessel and stealing certain bottles of ginger wine. Mr. Ollivier conducted tho prosecution, which was at the instigation of Captain Hoddcr, of the Waikato ; and Mr. Allan appeared for the prisoner Blake. Bromley was undefended. The following evidence was given to prove the case : W. Worster stated : I am chief officer of tho ship Waikato, In the early part of May last a report wag made to mo about the cargo having been broached. I wont down the fore hold, and found four cases of ginger wine and one case of hats broken. Three of the wine cases were empty, and tho fourth contained only four bottles. The cases in question were part of the ordinary freight. Cross-examined by Mr. Allan : The cases were kept in the lower fore hold. The immiSta slept in the fore ’tween decks. The was opened every day, and was supposed to be locked every night. No one was there to watch it whilst open, and anyone could get access to tho things.

Re-examined : Constables were appointed from among the passengers by the doctor. George Potter stated: I was one of the passengers by the Waikato. I remember the cargo being broached. One day in the latterpart of May last I was in my bunk, and saw Blake and Bromley come out of the hold. Blake had something concealed in his breast, under his guernsey. I could not see what it was. He went to the corner of another mair’s bunk, and deposited it there. I also saw the prisoners conceal something in a box they had made. I heard afterwards that the cargo had been broached.

Cross-examined by Mr. Allan; There were eighteen men sleeping near the hold. I said nothing about what I had seen until 1 was called on, and then the captain asked me it I had seen the men come out of the hold, I was in my bunk when the hold was opened. I did not see the men go down the hold. I never looked to see what it was Blake deposited in the trunk. I never saw any one else coming out of the hold. , George Saxby, a passenger, stated : On the Monday that the cargo was broached Blake came, to me, and asked me if I’d have a drink of tea. I said yes, and took it, and found it was ginger wine. I afterwards saw him come up from the hold with bottles of wine, and put them in the bunk. He told mo he had broken open the cases of wine and hats. The prisoner gave wine to other passengers, and some was Cross-examined: I am a blacksmith by trade, and had some of my tools on board ; they were in a box in the main hatch, and I had it up once or twice. I first gave information a week after the occurrence. I did not complain to the constable. The bold was generally kept open for two hours a day.^ ” Edward Kemp gave corroborative evidence as to tasting the wine offered by Blake. John McMahon, a constable of the ship, gave evidence as to finding the cases broken, and also stated that he saw Blake on one occasion talcing bottles wrapped in paper out of a box, and handing them to Bromley, and that they were then put through the port hole. This closed the case for the prosecution. Mr. Allan then asked that Potter might be recalled. On this being done, the witness admitted that he had had a quarrel with Blake. For the defence, Mr. Allan submitted that there was no evjdonco to show that the New Zealand Shipping Company was an incorporated one, and again that there was no proof given that the cargo belonged to the company, whereas the prisoners were charged with steal ing the property of the New Zealand Shipping Company; neither was there any evidence as to the value of the goods. He then addressed the Bench at some length, contending that the evidence was not sufficiently strong to convict the prisoners. His Worship said that in his opinion the evidence convicted the prisoners, and it was with great regret that he felt bound to pass a sentence on them. They had a respectable appearance, were new arrivals in the country, and the case was not of so aggravated a character as many of a similar nature that had lately been before him. The evidence showed a great amount of negligence in the matter of the cargo, the hold being continually left open, with no one appointed to watch the place. If proper care bad been taken, the theft could not have taken place as it did in daylight. The prisoners were then each sentenced to four weeks’ imprisonment with hard labor. In the case against the three men for receiving, Mr. Ollivier said he was instructed that the Captain did not wish to press the charge, and he therefore applied that they might be discharged. His Worship allowed the information to be withdrawn. CIVIL CASES. Barber v. Howard, £1 9s.—Claim for damages caused by defendant’s horses bolting and running against plaintiff’s cart. The defendant did not appear, and as evidence was given on behalf of plaintiff as to the accident, and the damage done, an order was made for the amount and costs, Regina v. Banka, £26.—This was an action brought by the Immigration authorities for recovery of passage money. The plaintiff in this instance asked for an order for payment of one pound per month. The defendant stated that he could not pay ao much. His Worship, however, on hearing that he earned 7s, a day, thought that he was able to make the suggested payment, and made an order for it. As defendant would not sign consent to judgment, costs were added. Same v. Anderson, £2o.—Judgment for one pound per month and costs. A number of other immigrants were sued for their passage money, and signed consent to judgment. LICENSING BENCH. (Before J. C. Crawford, Esq., R.M., chairman; Major Paul, Captain Sharp, and T. Kebble, Esq., J.s P.) TRANSFER OF LICENSES. Transfers were granted to the following, none of which were opposed : John Brady, Thistle Inn. John McMillan, Lady Bowen Hotel. Geo. H. White, White Swan Hotel. H. C. Lansden, Whitewood’s Hotel. J. H. Corbett, Albion Hotel. W. S. Grant, Waterloo Hotel. The application of G. P. Campion, Globe Hotel, for a license, was refused, owing to the application being made at the wrong time, the proper date having passed. Phillip Stephens applied for a transfer of license from Nelson, whose license had on a previous occasion been refused. ..Application refused. WHOLESALE LICENSES. Wholesale licenses were granted to John Edmondson and Thomas Mullins.