RESIDENT MAGISTRATE'S COURT.

Southland Times, Volume I, Issue 15, 5 July 1864, Page 3

RESIDENT MAGISTRATE'S COURT.

Sattteday, 2kd IFitXiY, 1564. (Before M. Price, Esq., KM.)■Thomas Bobinspn was. charged v.-ith clrun-ktii-laess. He did not appear, and forfeited 40s. left ia .security /with the police.- , . : '. ' ■ ' ' ROBBERY, . ! Semes Davics, alms Briiimny, was brought up , on tevo. charges of theft. . Jaincs Caldwell deposed that he- -was staying in Hick£' New York Dining Rooms, on 29th June. He left lus opossum skiu rug in tke bar at six o'clock, and missed it between eight and nine o'clock at night. He next saw it in prisoner's pos-session-next morning; at tlie Commercial Hotel. I saw biin take it from the hotel door to the stable. I went and examined it after he was gone. It was lashed to a saddle on a horse. (Rug produced). Before being opened out, witness said he would identify it by a patch of moleskin, and two holes in it. 'The rug was then opened, and the marks were seen, as the witness had pointed out. Mr. Button, who defended the prisoner, crossexamined the witness, who further deposed Pi-r---soner was hi she bar at Hicks' house when I 'V was there. I did not see hini come in. I don't <C know. him. V James Eoy, cook at the Albion Hotel, deposed : On Wednesday evening, about twenty minutes to seven o'clock, Davies came into the bar, and asked me if I would" take charge of bis swag uiitilniornhig. The swag consisted of an opossum rug. I took it and left it behind the kitchen door till morning. He came next morning before the kitchen was open, and asked for it. I gave it to him and lie went away. " Cross-e'xainined.— l did not examine the rag. 1 did not tell the prisoner I was going out. I was not out all night, : I am suve the rug was not exchanged. lam sure ; thc rug is the same, as there -eras no one in the kitchen except myself. Henry Hicks, of the iSTew York Dining Rooms, deposed* that the prisoner resided in his place on 2Sth aucl 29th June. I saw him come to the house,' -and he had no swag or anything with him. He left ©a. the morning of. the 30th, about seven o'clock. A little after that time, I. saw him coming from the Albion with a. swag, going up Taystreet. The swag consisted of a rug. I noticed the lashings of the swag. He came back to tho bar at twenty minutes, to eight, without a swag. He then left', and returned with -a horse without a saddle. He had his breakfast, went- up stairs for a saddle,' 'which he put on liis horse and then left. I folio wed; him, and saw him turn into the Commercial Hotel. Cross-examined.— He might .have brought -things into my house without my knoAvledge. I did not see all that was brought in or was taken . out of the house. .• T. Oonnell gave some unimportant evidence. Detective Thompson deposed that he met pi-i-; soner in Tay-street, on the Tnoming of the 30th. -I arrested liim on the charge of stealing an opossum rug from the ISTeiv York Dining Booms, on the previous evening. He made no remark. I ■ went with prosecutor to the Commercial' Hotel stables, found the swag strapped on to a saddle on a horse there; The prosecutor identified- the rug and contents. ' . . "' The Bench told the prisoner that he was now at liberty to make any remarks in his defence. The prisoner pled that he was innoceut of the • charge. • The second charge was for the theft of a saddle of the value of £10. r . . . . : W. A. Lind, of 'the^lbiQnHotel, deposed that from information-, lie received", that he: -had lost a J saddle he went' 4o Detective Thompson, who! showed him a saddle.. I know it to be mine from having had it in constant use for the last twelve , months 9 and from two -.patches' on the side of the, flaps., I value the saddle , at £10;, < J- /never : gave any one permission to use or take it away. ; Cross-examined.— The saddle produced is worth. £10 to me. I believe a .saddle like it. could be; bought for 2s ■ 6d. '■ 2s T o in-in wodld give £10 for it, although &p the sanTe.time I .should nob .sell.it for that sum. ' '' : ' "'"". , , • '.. -■ D Elliot, ostler at the Albion stables, proved havinrr missed 'the saddle, and "identified the article as Mr.-Erid's.' Tlie prisoner 'brought* a horse to the stable on the 29th without .a saddle .and was put close to where the saddle now -produced was. '■"■'' '■'• '.-'. . . :; . &oss-examined.— He toot away the horse next •mornmg without a-saddleV the saddle ; abbut eleven o'clock. '.'''".•/ l . ' Thomas Conjicll identified' the saddle as the one which he had ordered liis-'groom .to 'take oil the prisoners horsie^hi Detective _ Thoiilpspn s presence. ■■■■••• . ■■'"-'"■'■_ ■ ■•.■',.-■■. '"-..* .• ■' .- „.-..• Cross-examined:^l ' don't know' - who r broua; it the horse' to my stables. ' I kiiow it : .bclongs to tJie jMsoner, i liivTin«' been" present when lie: bought it WbnvMri Powell; at tlio'Triucs'of Waies ,. stables. -It ; was bought piivafelV. ' ' ' ' - „ , ' ' V - : / - : ' The Commissiorier " of Police asked, for ' a ■ re : inand, for the proauction of further evidence.' . : Tlier case was adjoiirhed till -Monday, . at ten O'clock";.: '; : "' ' .-.',....:,„-, The-Berich'then 1 jcrnnniittea ;'tlie prisoner tor tiitfbh J the"eharge. pf.-'sMlmg'-'tlie ' opossum -rug, a^tbe^eiisuiijg sittmgl'of ffie;Sri]Dre%i, Court. ' V" _. : - Tiie f Cburl:thenrosfe/' i: i"''- i! 'r 1 " : ' 1 ' J 'l^ i .:^ ; i.

• MdifixTT, 4th; Jttx-t/ 1864. Sm^-'STtETyoSST^-- £10 fj?m ! A^? Btables^as fidly committed for trial. ' ; '•" ...... $

Erancis Jones, John Foley, and' Peter Campbell, vw^^Tfch^i^m'anded"^^ : r©bberyirriW 'u^zJZ -Ij.e.« sfeieE ' .f" : '-' •■/: Civil Cases. : .. „.-■■ ;,,.. CJahiiii t. IP. .Xievanet.—^tSaim for £9 lls. 'Befcndant ftia-noi appear.' JuSgnient for amouKfe, TCiQy costs. Cahiil t. WJ Ford . — Defendant did not : appear. Judgment for sum claiined; (£B 9s.),;tegcflher with, costs. ■„■.-.>,'{ v,.,..\.\ ; '■■'.-. •■CLiEK v. . Eobinson.— Mr. Sutton appeared for pie plainti^and Mi\ Harvey for the defciida^t. This -was a" claim for rest, due by one .Chaiies Wentwirtli,Cfor wlipni.i&e defendant be-----i came surety. ,/3&ie. defence .was, ifeat the plaintiff-; ' iiad already' iiSsMited proceedings against Went- ; | warfe, and thatTfris goods and chattels, .had beenj i distrained. Md'-tlie property iaJate possession 1 of, j reutedundersaidguavantee, and liie lease ann ailed ;| amd^hese proeeeflings~weve considered of them-; : sel*es ! sa-suiticient' bar to any action against the! d-efcmdant uporiisiiclr gauranteb. ' *The ; plea of the j plamiaff set iortltfliat the 'premises nvei-e leased at; £lOoa-yoar by 'Wentworth, and !£hat Robinson f: became, guarantee^,, the payment of, ithe rent ; that ;two quart ers';Tent3y ere in arrears, amounting to £sp, '.and this" awiount ,jyas sought to be recovered! ; Tlie plaiifriff being examined stated, that he iiacl not disfrainerT, but "that lie kftd sent for thirteen fowls -vvhich he had sold to Wentwortn, but -which Had nbtbteii paicl'for.' ' Heliad^aken tbcmaJKay: ' Spine iminateri^' evidence ■was .addu<?ed. The Benclt found that ia&fcliins had been predjicecVbydefadidant to show that plaintiff had distvained'upon liis -goods or property, and found judgment for plaintiff, ivith costs. , Claim :£<xc s£62 35., for . work and labor^d*^ | i£r, Button appeared ; £br plaintiff/anct Mr .;S.M. South, for defendants. ■ , --. The defendants were t^isfees pit the assigned , estate of Me^rs. Ct'mpbeil and Homer, and .had employed .the plaintiff in siu-reying : after the estpft-e had come inte^tlieir hands, but claimed that they were not pei'SKaally l-'espon^ble, and thattlie funds , of the. estate w.eve not in a position to liqmdate the ! debt. . . ■ , . ! The plaintiflf sras eiamineff in support of liis ■ ■claim. He stated that all the items, of Ms -account had -been acknowledged by tl*e defendants, with the exception' of one, i.e., that of a large auction plan, which was fsfii'ly charged At £26 ss. The . accounts were sent in to : Mr. "Weston, Avho was acting for the trustees. In Cross-ex-miiiKiiion, plaintiff stated that he was not aware that the large plan sras repudiated by the trustees until the last three or four days since. , Mr. Weston deposed that he had been employed to act generally as agent for the trustees on the* estate of Campbell and Homer. -He instructed Mr. Richardson te : prepare the large aiicHon plan referred to. He produced the minute book, sliotving that the ti-ustees had authorised the preparation of the plan?, .'and the advertising' of the estate forthwith. Cross?exammed. — The trustees did not authorize any specific- plans, but that the necessary tones were authorised, , and. the expense was not spoken of. By the, Sench.: — My instructions from the trustees were of a general nature. This was the,- ease for the, plaintiff. Mr. M'Donuld deposed that general instructions, given, and 'that as ! tlie estate was a most-.un-fortunate one, the-utmost econojiy was to be observed. Two or three days before the sale, I had not seen or heard of the large plan. ' I s:tw it for the first time or. the morning of the auction day. I considered it a piece of folly. * . Mr. Whitton gave corroboratire evidence. Counsel oil both sides having briefly addressed the Court, the Magistrate requested Mr. W. H. Caltler to state what was the usual custom as to preparing plans for auction sales of estates. He was of opinion that large plans were only got iip in very exceptional cases. " The Bench considered that the point rested on the instructions given by Mr. Weston, who had stated that they were general. On the other hand Mr. M'Donald insisted on the economical management of the estate. Tak'ng into consideration all I Hie eTidenca adduced, he found he could not come to any other verdict than for the plaintiffs, with cost?. The Coras* tSten rose.