COURTS.

Thames Guardian and Mining Record, Volume I, Issue 244, 20 July 1872, Page 3

COURTS.

POLICE COURT.— Thursday. [Before W. FJtASEK, Esq., R.M.] STEALING A BOILER. Peter Mack, charged with stealing from the premises of William Knight, Pollenstreet, Shortland, a boiler of the value of £2, on the lGtli instant, the property of the said William Knight, pleaded not guilty. William Knight, butcher, Pollen-street, deposed that his premises were burnt down on the lGth. At that time he had a large boiler, capable of boiling ..ourteen or fifteen gallons. It was iron and had been enamelled. After the fire he had the boiler in his hand on the site of the fire. It was uninjured. It was worth £2. Never sold the boiler nor gave any one permission to remove if- from the allotment. In consequence of certain information he went with Constable Furlong after a cart to a foundry in Grahamstown. The prisoner was in charge of the cart. In the foundry yard portions

of his boiler, evidently newly broken up, were found. Agnes Bond, a married woman, residing on the beach, Shortland, stated that she remembered the day of the fire, and saw the large boiler ou Mr Knight’s premises. The prisoner was there. He picked up a driving pick and smashed the boiler in pieces, saying he had purchased all the old iron there. Margaret Ritchie, a married woman, residing in Pollen-stieet, deposed that on the day of the fire she had a quantity of bones on her premises. Saw the prisoner on that day, and sold him the bones. Did not sell to him any old iron, nor a boiler. There was no conversation about old iron. Constable Furlong, sworn, deposed that in company with Mr Knight he yesterday followed a cart containing old iron to Judd’s foundry, and found prisoner there selliug old iron. Mr Knight picked out the portions of the boiler produced from the iron, and claimed them as his boiler. Witness then charged prisoner with stealing the boiler, and arrested him. Prisoner said lie had bought the boiler with some bones from Mrs Ritchie, the last witness. The R.M. sentenced prisoner to two months’ imprisonment with hard labour. USING PROFANE LANGUAGE. Daniel Deale was charged with using profane language, in Albert-street, on the 13th instant. Defendant pleaded not guilty. Robert Bullen deposed—that he is SubInspector of Armed Constabulary. Defendant was driver of a vehicle running between Shortland aud Grahamstowu. Witness got into the vehicle in Albertstreet to proceed to Shortland. Did not think defendant was quite sober, and in

course of conversation with some one sitting beside him, prisoner frequently swore by God. (Witness further described the language used by the defendant). There were two ladies and another passenger in the cab at the time. Witness took defendant’s name, and told him. that an information would be laid. It was about 10 o’clock. Between Grahamstown and Shortlaud defendant frequently swore by God. (J. Warmoll, Esq., J.P. here took a seat on the Bench). Defendant denied having made use of the language charged against him, and called Charles King, who deposed that he saw defendant in charge of a cab on the night in question.- Witness was a passenger and there were four other passengers, two of them ladies. All witness could remember the driver saying was “Oh you dry up, you have too much gab.” The R.M. said that under the circumstance he would give the defendant the benefit of any little doubt he might have (which was very small) and would discharge him. Yesterday. DRUNKENNESS. Peter MeEvoy, Joseph Chiplan, and Mary Ann Steele were fined in the customary amounts, with the usual alternative in case of non-payment, for being drunk.

RESIDENT MAGISTRATE’S COURT— Yesterday.

(Refore W. FRASER, Esij., R.M.) FLAGSHIP GOLDEN ANCHOR G.M.C. V. \V. ADAMS. Mr Tyler for plaintiff. This was a judgment summons case for £9 Os 9d. The defendant did not appear. Mr J. Lloyd, assistant bailiff, deposed to leaving a distress warrant at the house of plaintiff, who said his property was all made over to his wife, and there was nothing to levy upon. The 11. M. ordered a warrant to be issued for his apprehension. Defendant subsequently appeared, and said lie had filed his schedule in Bankruptcy. The case was not proceeded with. CONROY AND FOSS V. F. HOWARD. This was a judgment summons case for £3 15? Gd. Defendant was examined as to his means and abilty to pay. Defendant said he was steward on board the Lalla Kookh. The bill was for goods supplied three years ago. When he sot the summons lie put the matter into the hands of Mr Dodd, who was ill at the time, and witness was absent at the Bay of Islands. He was unaware that judgment had gone against

him. Mr Dodd said when he received instretions he was ill in bed, and asked Mr Macdonald to attend to it, but Mr Macdonald forgot it, and the consequence was that a judgment went against Howard. The R.M. made an ordei for payment by instalments of £1 per month, and in default of payment a month’s imprisonment. F. W. CULLIMORE V. J. M. PERRIER. This was a claim for £2, for services rendered. The defandant paid 15s into Court, and pleaded not guilty as to the remainder. Plaintiff deposed that he is a pianist, and was engaged by defendant to play at two rehearsals and at a hall after the performance of Rob Roy (on the 2rd May) was concluded. There was no agreement as to price, but defendant told him to put on a good price, as there was plently of money coining in, and we are “ going in lemons,” but witness only charged what was a fair and reasonable price. By Plaintiff : You engaged me. Collins, Carroll, and Bent paid me for playing at these rehearsals. I belonged to the troupe. J. T. Morris deposed that plaintiff said there was to be extra pay for playing at rehearsals, and that the playing at the ball was a separate affair. By Plaintiff: 30s was tendered by you in payment. It was half-past 11 o’clock p.m. to the best of my belief when we began playing for the ball, and left off between 3 and 4 o’clock a.m. I will not swear positively. We had a kind of a supper, the same as you and others had We had some beer. We did not pay for it. John M. Perrier deposed : Before the “ Rob Roy” performance. I was desirous of securing Mr Cullimore’s services, but Collins and Bent said Cullimore was their paid servant, and 1 paid them. Never made an engagement with Mr Cullimore, nor Morris. It is unusual to pay for extra rehearsals. To make it up to them he engaged them to play at the ball. They had supper, and they played from a quarter to one a.m. to a quarter to three a.m. Told them to make a good charge, but did not expect a demand of £4, which was made.

Mr J. Mitchell deposed that he and Mrs Mitchell were paid £3 for services. It was not usual to pay for rehearsals unless there were many of them. Plaintiff was recalled, and said he was under engagement with Collins and Bent at the time of the rehearsals. The gave judgment for 15s, the amount paid into Court. JUDGMENT FOR PLAINTIFFS. Macdonald ana Miller v. E. Levland, £l4 2s Gd, for money lent ; W. Ascott v. T. Bell, £6 17s 9d, for goods sold and delivered.

J. BRUCE V. JACOB JUNG. Mr Macdonald for plaintiff ; Mr Dodd for defendant. This was an action to recover the sum of £2O damages for wrongfully breaking , and entering plaintiff’s tent at Tararu, on : the 9th July, and creating a disturbance ■ there. Defendant stated : That on the day in question plaintiff and others came to his hotel, and as he suspected having lostsome jeweller , and one or two others ! went to Bruces’s place, did not go in. ■ Looked in at the teut door,'which was ; partly open, and I saw plaintiff lying drunk in his bunk. Roused him up, and asked him if he knew anything about the watch, and he said he knew nothing about it. The watch was afterwards found near the hotel. The next morning Bruce came and complained of the visit to his teat, and witness apologised for troubling himJohn Bruce deposed : I am a miner,, living in a tent near Mr Jung’s. lie came to my tent on the 9th July. Another man ■ was with him, and said, “There’s a watch and chain lost, and you’ve got it, and if you don’t give it up, you’ll have to go toShortland.” I replied, “ You go to and be off out of this.” I threw down my coat, and said, “ If there’s anything belonging to you, take it,” and he and the others who were outside went away,. The next morning I went to Mr Jung’s to ask about the man that came into my tent, but he would not give me the name. He apologised for coming to the tent, and said he had found the watch. I told him I would make him tell me who the man. was.

John Chute deposed to being present when Mr Jung apologised to Mr Bruce for going to the latter’s tent. By Mr Dodd : I was not drunk,but was under the influence of liquor to some extent. Mr Dodd submitted that there was no evidence whatever that any damage had been sustained, or even a prima facie case made out, and asked for a non-suit. The R.M. concurred, and non-suited the plaintiff with costs, £2 Tls. JOSEIMI AUDEN V. r. F. MARTINSON. Mr Dodd for plaintiff. Tin’s was a claim for £4, for services in attending Court as a witness for 8 days in the case of Pace v. Martinson. £2 15s was paid into Court, and not indebted pleaded as to the rest. The amount was not tendered to plaintiff prior to the issue of the summons. Judgment for plaintiff for the amount paid into Court.