COURTS.

Thames Guardian and Mining Record, Volume I, Issue 147, 29 March 1872, Page 3

COURTS.

POLICE COURT.— Yesterday Before W. Phaser, Esq., lt.M.

Music and Dancing. —Abraham Jacobs, of the Scotia Hotel, Grahamstown, applied for permission to have music and dancing in a building at the rear of tlio Scotia Hotel from 8 p.m. on the Ist April til G a.m. on the 2nd April.—The application was granted.—R. E. Tellers of the Salutation Hotel, Mary-strcet, applied for permission for music and dancing at the above hotel on the evening of Thursday, the 28th inst. The application was granted.

_ Assault.—Rival Om.nibusses. —Thomas Godkin was charged with unlawfully assaulting William Ilaywood by striking him on the face with clenched fist on the 2Gth inst.—Mr Macdonald appeared for complainant, and Mr 'Tyler for tlie defendant.—William Ilaywood, omnibus driver, stated that oti the day above mentioned he was at Grahamstown, and had taken

his place with his vehicle on the rank. There was another omnibus there, also— God kin’s “ Galatea.” Witness took up his position next to it in the rear. Godkin then came up from Shortland with another omnibus, and went to the rear, but left his place in order to look up Mr Onion and got between the Galatea and witness’ vehicle, and witness drove on a few yards and the pole of his vehicle came into contact with the door of defendant’s“ Faugli-a-Baliagli,” but did no damage. Defendant then got off his omnibus, seized hold of witness’ horse, saying, “ what did you do that for?” Both then went on to Shortland, and defendant then began singing out, “ P'arawai for threepence.” Witness was going there. The regular trip the fare is sixpence. At defendant’s request witness got down and some altercation took place about what occurred at Grahanißtow», and defendant struck witness with his fist and gave it him properly.—Complainant was examined by Mr Tyler as to tlie existence of professional rivalry among omnibus drivers, and I stated that complainant had been very nasty of late, and kept on “ Duck shoving,” an unfair mode of obtaining precedence in the rank. —Frederick Sutcr stated that he saw the occurrence, and that Hayward’s

version of it was substantially correct. — Mr Tyler addressed tlie Court for the defence, admitting that an assault bad been committed by Godkin who, liowevei, had received great provocation.—There was a cross-information charging Haywood with wilfully damaging the door of an omnibus belonging to Thomas Godkin to

tlie amount of 2s. The R.M. said lie would hear this before giving judgment

in the assault case.—Thomas Godkin stated that as lie was driving slowly round

he corner of Albert and Brown-street the

defendant ran the pole of his ’bus into the door of the complainant’s vehicle, doing damage to tlie extent, of 2s, and drove in the panel the eight of an inch. —Thomas Fryer stated that lie heard Haywood say he had driven into Godkiu’s 'lms, and would do so again if Godkin kept “ duckshoving” about. —John Duncan gave similar evidence. —The R.M. fined Godkin 20s and costs for the assault, and dismissed the other case. Breach of Customs Regulations.— Hector Urquhart and Peter L. Corston were brought up on remand from the previous day charged with evading the duty on 12Glbs of tobacco with intent to defraud lI.M. customs authorities whereby the defendants had rendered themselves liable to a penalty of £loo.—Mr Tyler and Mr Dodd appeared for Urquhart. Botii defendants pleaded not guilty.—Mr Tyler raised a preliminary objection to the information, that it disclosed two offences, whereas one only could he contained in the one information, and lie would ask the prosecution to elect upon which they should proceed.—Mr Billion said the information was laid according to the section, but if the objection were held good he would with consent of the collector of Customs proceed with the charge of fraudulently dealing with dutiable goods. —'The R.M. said the information charged only one offence, and the case was proceeded with.—John Earnest Hanson deposed, I am a general storekeeper living in Pollen-street, Shortlan !, and know tlie defendants. On the 25th inst Corston came to my shop about 9 o’clock in the morning and offered soum tobacco for sale, ac the same time showing a sample, lie said he had about 12(Jlbs weight in a box. He wanted 2s 8d per lb for it. I agreed to pay it. He came again in tlie evening and brought the tobacco. Urquhart was then with him. They came from a cab in the street. They brought the tobacco between them, and left it. It was in a box of (lie usual description. Corston said : “ Here’s the tobacco,” and it was then deposited on tlie floor. I then told them I would pay them if they went to my other simp across the creek. They then went away. I took the tobacco out of tlie box and weighed it. It weighed 12Gibs. without tlie box. The tobacco now produced is the same. I went to the other shop and saw the defendants. Urquhart was a little the worst for liquor. I paid Corston £IG IG. Urquhart asked me if I could “do with some brandy?” I said I did not deal in it. Urquhart then said lie would call again in about a month. Urquhart said it it. would bo better to get cash than a cheque in payment. I gave £5 in cash, and a cheque for £ll. Corston took the money'. I only dealt with him. lGs discount was allowed to me for cash. Received the cheque produced for £IG lGs from Corston. Tlie tobacco was subsequently taken by Mr Luudon. The duty on tobacco is 2s Gd per lb.—By Corston : I objected to allowing discount; Urquhart said, “ Yes, allow it.”—Thomas Godkin, cab proprietor, stated Corston—and to tlio best of his belief, Urquhart also—got into his cab at the Shortland stand on the day in question, ami were taken towards Grahamstown. Corston asked witness if he would go round the corner for a box and bag to be delivered in Shortland. Corston directed witness to drive on to the beach, near the Gasworks. Urquhart Avent to look for a house from which to get the luggage, and witness went on according to Corston’s instructions, until they came to a square ease lying on the edge of the side walk. It was lifted into the cab ; itapperrod heavy. Witness then drove towards Shortland, and took up his wife, who was going along the road. Drove to the stand at Shortland, and then over to Hanson’s store. The case was then lifted out of the cab by the the two defendants. Did not see where it went to. Corston asked what the fare was. Witness told him 3s, which was reduced to 2s ; thinks Corston paid it. Don’t remember Urquhart saying anything. Corston said the other man (Urquhart) said he was indebted 10s, but that it was all fudge. —Detective Murphy deposed that he accompanied Mr Lundon, the subcollector of customs, to Hanson’s store on Monday, and in answer to a question from him Hanson pointed out the tobacco now produced. It was then and there seized. Witness arrested Corston the same night and told him the charge. He said lie knew nothing about it. Urquhart was arrested the same night and said, “You’ve arrested me on a wrong charge ; I do not know anything about tlie tobacco.”—ByMr Dodd: Urquhart was sober, and evidently knew wliat he was about at the time.—David Lundon, sub-collecter of Customt, deposed that lie instituted tiiese proceedings, and elected to sue for £IOO : penalty against both tlie defendants.— j Mr Tyler then addressed the Court on 1 behalf of Urquhart, saying that there was ; no evidence to show that lie was know- | ingly concerned in evading duties with a view to defraud Her Majesty. He did not j contend that the duties had been paid in i fliis ease, but urged that there was not evi- j donee of guilty knowledge or fraudulent in- j ient. Corston said he got the tobacco to sell j on commission and had no knowledge I of there being anything wrong in the j matter. —The R. M. said on the evidence he must adjudge both defendants guilty, ami line them £IOO each.—Hector Urquwns next charged with a like offence in respect of 2361b5. tobacco. To this charge

j lie pleaded guilty*, and was fined £loo. , The money was not paid, and the defendants will have to go to gaol in default.