RESIDENT MAGISTRATE’S COURT.

New Zealand Times, Volume XXXIII, Issue 5370, 13 June 1878, Page 3

RESIDENT MAGISTRATE’S COURT.

■Wednesday, June 12. (Before J. O. Crawford, Esq., R.M.I OBTAINING MONEY BY FALSE PRETENCES. . frank James Smith, the absconding Melbourne accountant, was brought up on a charge of larceny as a bailee. Mr. Gordon Allan appeared for the prisoner.—Sergeant Smith deposed that, [from information received, he arrested the prisoner on board the Albion on the 24th of last month. Prisoner said his name was frank James Smith. Prisoner asked on what charge he was arrested, and witness replied “ larceny as a bailee.” Since then witness had seen prisoner sign himself frank James Smith. He was identical with the party described as leaving Melbourne in the Police Gazette. —Joseph McCormick, a senior member of the Melbourne Police force (Richmond Depot), deposed that he was present on May 2D when the depositions produced were taken in the Police Court at Melbourne. Saw R. A. forbes sign the depositions. The depositions were taken before Mr. Panton, Police Magistrate. Was present when Sneddon’s depositions were taken and signed by him. Was present when John McDonald, bank clerk, gave evidence and signed the depositions. The depositions were all taken on the same day. Saw the Police Magistrate sign the warrant produced for the arrest of the prisoner. The warrant was dated May 29. By Mr. Allan : I have not had the warrant endorsed by the Chief Justice. Inspector Atcheson proposed to put in the depositions. Mr. Allan objected to the admission of the depositions. Under the Constitution Act of New Zealand the Legislature had only power to make Acts that were not repugnant to the laws of Great Britain. His Honor Mr. Justice Johnston had expressed doubts as to whether the foreign Offenders Act was not ultra vires. Before the prisoner could be removed from one colony to another, the endorsement of the warrant by the Chief Justice or some other Judge was necessary; and, secondly, before this could bo done, it must be shown to be an offence which amounted to a felony. His Worship said he was not prepared, of bis own single motion, to declare that the foreign Offenders Act was ultra vires. It might be ultra vires, but it had not been so asserted by the Court of Appeal. Mr. Allan ; I shall ask you to remand the prisoner for a week. Inspector Atcheson : I ask for a remand to Melbourne. ‘ His Worship : I shall not remand him further in this colony. Mr. Allan ; I ask that he be remanded, in order that the question I have raised may be decided. Inspector Atcheson ; I shall ask for a remand to Melbourne. Armed with this warrant the constable can take the prisoner to Melbourne without bringing him before your Worship at all, and I shall instruct him to do so. His Worship: I shall receive the depositions. The depositions were then read over. His Worship (to the Melbourne constable) : How long have you been in the police force of "Victoria? Constable McCormick : Twenty-one years. His Worship : Are you aware that obtaining money by false pretences is a statutable offence in that colony ? Constable McCormick: I am, your Worship. The prisoner was then remanded to Melbourne. Mr. Allan (to Inspector Atcheson and Constable McCormick) : Recollect, you remove that man on your peril. Inspector Atcheson : Very well. The prisoner was then removed. DRUNKENNESS. Two persons charged with this offence were dealt with in the usual manner. (Before Messrs. R. J. Duncan and 0. O'Neill, J.P’s.) DESERTION. H. F. Gorringe and James Hansen, two seamen belonging to the ship Chaudiere, were charged with deserting from their vessel, and were sentenced to three weeks’ hard labor; prisoners to be sent on board at the expiration of that time.