RESIDENT MAGISTRAIES COURT.

Colonist, Volume IV, Issue 426, 22 November 1861, Page 2

RESIDENT MAGISTRAIES COURT.

[Before J. Poynteb, Esq., Resident Magistrate ] Wednesday, November 20. Christina BecJcman was placed in the dock charged, under the information of Edward Mills, of the Wakatu Hotel, Bridge-street, with having, on the 19th instant, feloniously stolen certain goods from the said premises. The prisoner, who had been employed as a domestic by the prosecutor, was defended by Mr. Kingdon. Mr. Mills swore to the articles produced, consisting of three shirts, two pair socks, a knife, fork, and silver spoon, as being partly his own and partly in his care, the value of the whole being no greater than twenty shillings and of little importance to other things which had been taken away previously, and from the fact that since she had left his employment nothing had been missed he was led to conclude that she could tell where the others had been taken ito.

Mr. Kingdon said the accused admitted the offence. It was a foolish act that had grown out of certain palliating circumstances rather than from any deliberate attempt to rob. The fact was that a person of the name of Read, who had married the sister of the accused, had come up to Nelson quite unprovided for, and she had supplied him with a shirt and other necessaries,, under the impression that she would be enabled to replace them. It was one of those unfortunate cases where the recejver was worse than the taker; the accused, to oblige her brother-in-law, had thoughtlessly placed herself in this position, and there was no doubt that she was under the impression that the things, which she in a measure borrowed for his use, would be replaced by him. The prisoner was asked if she desired to make any statement, but she only reiterated that she took the things under the impression that her brother-in-law would replace them. The Magistrate said he was sorry to see her in such a position. The act of theft by those who were entrusted largely, as household servants vyere, was one that judges generally visited with tlie utmost severity. He could deal summarily with the present case, and would sentence her to six weeks'imprisonment; but if the things referred to by Mr. Mills were found, and proved to be beyond the value of £5, she would have to take her trial for that also. J. M'Kay v. HX. Handyside, for 10s.—Judgment for plaintiff. W. Osman v. G. Adam. This was a claim of £3 for ploughing an acre of ground, the defendant pleading a set off for assistance rendered by himself, and paying £2 into Court. After the examination of three witnesses and occupying an hour and a-half, judgment was j given for £2, plaintiff paying 435. costs. G. Clark v. Carter for £6. G.Clark sworn: In March went to the Dun Mountain, in the employment of Carter. Lent him a tent, which was about there a month when a tree which he had undermined fell down on it and damaged it. What remained of it was returned about two months afterwards. I wrote him a note to return the tent, and occasionally sent him a bill of the value; he never answered this note, but on one occasion he said he could not pay because the Company owed him £40. He said he would pay for it; there was no agreement about hiring it. He had the tent for the men he employed on the line. The defendant repeatedly promised to pay for it. Cross-examined by Mr. Kingdon : Left of my own accord. Made no bargain about tlie tent. Said nothing when I left his employ. Had nothing to^ do with the undermining of the tree. A man cut away the roots at Carter's directions. The tent was made of 8-4 grey calico^ and perfectly free from letting water through. Richard Julian sworn : Knew the tent referred to. It was about 20 by H feet, and made of calico,

which was pretty rottea and old. Good drop of rain came through the tent. Saw it after the accident. Carter put a couple of men for two or* three days to repair it. Part had to be cut out, and it was made smaller. Should consider it was worth about £2 before the accident occurred. We bought a new tent, 12 by 8 feet, for about 10s. Cross-examined by Clark: The tent was used by some of Carter's men after the accident. The rain came in a little. We had our meals there. R. Carter sworn: Plaintiff gave me an account one day. He ran out of the Trafalgar and put it in my hand. Asked him if he thought he would get it. Mr. Wright said he thought £2 would be about the value, and 1 offered Clark that. The tent cost me £3 before it could be put up. Judgment for £2 10s. Costs 13s. [In the case of Shepherd v. Coombs, which appeared in our last issue, we made an error iv stating that Mrs. Coombs was stopping at Mr. Shepherd's. Mrs. Coombs is residing in Hardy-street.l