RESIDENT MAGISTRATES' COURT CAMPBELLTOWN.
(Beiore I. N. Watt, Esq., R.M.) Eeh»at, 23b,d Eebetjabt. THE QUEEN T. JOHN SHETTBSAIiE. In this ease the plaintiff, Christopher Erancis de Sallis O'Toole, sub-collector of Customs at Campbellton, sought to recover the sum of £45 from John Shrubsall, steward of ship England, for illegally landing dutiable ships stores from .the ship England now lying at ! Bluff Harbor. Mr. O'Toole having proved the seizure of" the goods, consisting of one barrel pork, one barrel oatmeal, one barrel peas, and one bag of rice, on the 13th inst. about noon was then cross-examined by defendant. I told' you it was very foolish of you to land the goods without a permit. I did not state that I had no ill-will against you, nor that I had an ill-will against Captain Houston. Ships stores have been landed here by steamboats from Melbourne without a permit, but it was with my knowledge. I cannot say that I have ever granted a permit for ships stores landed here. I will not get any part of the fine imposed. I consider my verbal permission quite sufficient authority to land ships stores on. I did state that the more noise made about this seizure the better for me, as I would never get promotion unless I let them know I was here. I said Mr. Longuet was not a man to put a pound in my way if he could, and that he might have put hundreds in my way if he liked, from information he possessed. Thomas Houston, commander of the " England," examined— -I know the goods landed. I knew they were to be landed. I did not take out a permit, as Mr. O'Toole informed me a few days previously that there would be no trouble in landing the stores so long as I had informed him of it. The value of the stores as invoiced, is about £8. Mr. Tanton examined — I am in the habit of getting coals off steamers calling at this port without getting a permit. I may have got coals from a Melbourne steamer. You may have been present at the time. Mr. "Waddell — I often get fruit from Bteamers without taking out a permit. Mr. Nichol gave evidence to the same effect as Mr. Waddell. Captain Houston recalled, stated that the "England" cleared coastwise from Dunedin. The Magistrate in summing up remarded that from the evidence it appeared to be customary to land stores before applying for a permit, and that in this case there appeared no wish to evade the regulations of the Customs. He would mitigate the fine* to the lowest penalty. Verdict for plaintiff for £6, and costs.
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Southland Times, Volume III, Issue 222, 28 February 1866, Page 3
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447RESIDENT MAGISTRATES' COURT CAMPBELLTOWN. Southland Times, Volume III, Issue 222, 28 February 1866, Page 3
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