RESIDENT MAGISTRATE’S COURT.

New Zealand Times, Volume XXXIII, Issue 5489, 30 October 1878, Page 3

RESIDENT MAGISTRATE’S COURT.

Tuesday, Octodek 29. (Before T. A- AJansford, Esq., 3R.A1.) SMUGGLING. Joseph Stcnnett, on bail, was charged with knowingly being concerned in unshipping and in evading tho duty on lOOlba. weight of tobacco with intent to defraud H.M. Customs, whereby ho had incurred a penalty of £SO. Mr. McKellar conducted the prosecution, antFAlr. Ollivicr defended the accused. The first witness called was Charles Chamberlin, who deposed that he was a landing waiter in the Customs. On the 25th instant ho was on duty at tho wharf. He noticed a butcher’s cart standing by tho steamer Biogarooma, The butcher belonging to tho st amer put some sheepskins in the cart. Witness thought from tho way in which they were pub in the cart that all was not right, and gave instructions to have tho cart searched. Three packages of tobacco, weighing about lOOlbs., were found wrapped up insido tho sheepskins. Tho defendant was in charge of the cart. Cross-examined by Mr. Ollivcr. Tho vehicle was an express. Ho did not arrest tho butcher of tho steamer. Two policemen and a waterman searched tho steamer, but wepe unable to find him. Prisoner said that lie had no idea bow tho tobacco got into the sheepskins. He had been in, the habit of taking sheepskins to Mr. Barber. * 1 Mr. Ollivicr submitted that there was no evidence to show that tho prisoner was avraro of what was in tho skins. Ho considered that | the butcher of tho steamer was an adopt at evading tho Customs, and that he intended to

have got round to Mr, Barber’s shop as soon aa the cart, and secure the tobacco. Mr. James Barber stated it was a common thing to receive skin?< from the steamers. He knew nothing at all about the tobacco. His Worship observed that the word “ knowingly” should n»>t have been in tho information. He, however, considered that the accused did know what was in tho c\rt, and fined him £25, with costs, and ordered him to be imprisoned until the amount was paid. Mr. Ollivier asked his Worship to suspend, the operation of tho sentence pending an appeal, bufc’his Worship declined to do so, WIFE DESERTION. Thomas Ford did not appear on a charge of deserting his wife. Tho case was adjourned for a week. William Barnes was charged with deserting his wife Catherine Barnes. Defendant did not appear, and was ordered to pay 6s. a week towards his wife’s support. LARCENY FROM THE PERSON. Charles Schmidt, oa remand, was charged with stealing ten bank-notes of the value of £2OO, the property of Robert Cooper. The Hon. Mr. Buckley defended tho prisoner. Jacob Lichtscheindl, proprietor of the Empire Hotel, deposed that the prisoner was night-watchman at his hotel. He had been in witness's employ for four months. Last Saturday week prisoner complained to witness that Mr. Cooper had come home drunk, and bad been making a noise. Tho same morning Cooper made a complaint, in consequence of which the police were communicated with. Robert Cooper said he was a resident* afc Hawke’s Bay, bub was afc present staying afc the Empire Hotel. On the ISthinsfc. he cashed a cheque for £2OO in tho Union Bank. Before going to bed on tho nighfc in question ho examined the notes and found they were all safe. He put the notes in his trousers pocket. In tho morning he missed his trousers and waistcoat. The trousers were subsequently handed to him by Mr. Philips, a commercial traveller, and found the money was gone. Ou going down stairs he saw prisoner, who seemed excited and confused. Witness subsequently informed the police, Alfred Wakeford, proprietor of tho Bank Hotel, deposed that on Sunday week he changed a £2O note for tho prisoner. He seemed very confused. Sergeant Smith deposed that he found £4O on the prisoner, and in his box thirty-one £1 notes and one £5 note. Prisoner, who reserved bis defence, was committed for trial, Bail was allowed, prisoner in £2OO aud two sureties of £IOO each. BREACH OF THE IMPOUNDING' ACT. Robert Bould wa& summoned by J. H. Yaldwin for unlawfully taking sheep from out a pound. Defendant was fined 20s. and costs.