RESIDENT MAGISTRATE'S COURT

Thames Star, Volume VII, Issue 2069, 21 August 1875, Page 2

RESIDENT MAGISTRATE'S COURT

THIS DAT.

(Before W. Fraser, Esq., K.M.) DBUNK AND DIBOEDEBLY. John Kassell alias Bosser was charged with being drunk and disorderly in Pollen street, and further charged with being an habitual drunkard baring been conrio, ted tkreo times within the preceding twelve months. , ... Constable Hanley having proved tiie first charge, accused was fined 10s JB^ costs or twenty-four hours' imprison'me^^ With respect to the second charge W appeared that the prisoner hadbeen before the Court only a day on two previously, and had, then made promises of amendment of which the present charge was the fruits. His Worship sentenced him to . three months' imprisonment. Michael Burrett was chafed t w.itU being drunk in Brown street. ' Fined Ids' and costs or 24 hours' imprisonment. ABUSIVE LANGUAGE. Thoma3 Hanley was charged" with using abusive language towards Peter Peterson, whereby a breach of. the-peace, might have been occasioned. .■ V, There being no appearance of Peterson! the case was struck out.

OBTAINING GOODS ON FALSE PBBTBNCJES. Henry Smith was brought up on a warrant charging him with unlawfully obtaining goods to the value of £110s 4d from Benjamin Greenwood on April 23rd, IS7/5 ' Mr Tyler, on behalf of the defendant, applied for all witnesses to be ordered out of Court. . :> Mr Macdonald, for the prosecution; applied for leave to amend the charge, which lie did by reducing, the value of the goods, some having been obtained on the 22nd. Mr Macdonald opened the case, from which it appeared that.the accused obtained goods from Mr Green-. wood's store in his absence by representing to Mrs Greenwood that he had arranged with her husband for payment, no such arrangement having been : made. His Worship said he regarded all these cases with grave suspicion, as it appeared to him that people used the criminal law

to further^"their own purposes instead of suing for debt in' tlie ordinary way—by civil process. ~. "• • / The amended charge was here read to the defendant who pleaded not guilty. Ann Greenwood, wife of B. Greenwood, deposed tctthß^efendan^sicoming to the door and asking for a bag of oats and a bag of chaff, and saying that he Lad arranged for them. The goods were accordingly sent. They would not have been sent unless Smith had said he had made; arrangements jrith^her ftusband.;; Cross-examined by Mr Tyler: This was very early in the morning at my house, the store not, Joeing opened. I was not dressed at the time defendant came. I told my husband when he re ■ turned it:; ::hefTetu?necL abpjit j a couple of daysifter this. His Worship here said that as far as he could sfe at present,.there was not one particle of evidence against accused, but as Mr Macdonald wished it he would go on pith.the'jca^e* .\ '?.*"£ -''\:l '■ ; GSprgeJittoxsini! inii;the; serjric.e/of I Mi. Greenwood, deposed £o taking goods down to the wharf on April 23rd. He had seen Smith on the 22nd, sand; in the course of conversation Smith said to him he wanted a bag of oats and a bag of chaff to go. tofthe steampi; tfreioextlcjay-Smith-also'akfcesdi him if*JM* Gfre'enwobd had not i told him to attend to the orders. Mr Greenwood on leaving had called out something to him (witness) about attending to.the day book or order book, he did not know which.

Cros^ex^minLed! by M*r ,Tyj|r4-I have seen f Smith slveiral s firtfes - since': "Mr Greenwood, told me I was responsible for the money. I hare only delivered goods on tyro occasions ttis"Smith, on 22nd and 23rd of April. I only delivered goods at the stable onee.ihe other,, time J delivered themiaifc the arharf.. Smith did not- offer me £2 in payment; and Scott and Smith ■were not present when I delivered the goods. Benjamin Greenwood, said—l have several times.asked fop the r money > {which ii still unpaid. -I xwerit to Mckfand'bn April 22nd, and as I went I told the boy at the store to., attend, to,-the daybook. Smith was close fby af the time. Smith had made no arrangement with me regarding goods or anything else. Smith offered me £1 the other morning on account. I told him it was too late then.

Cross-examined.: I haye.had no .consultation with'Smithes'cHdffors, except that I may have told Mr Adlam that T wanted my money. I TielieveySmith did soy he would pay-me as soon'iis'he could gejt the money,. . ■.-■.--■■.- -.- r ■.-■■ •..■■:*<-■-.■'--" jaines'Thompson said He had received the goods for which Bloxam had produced the receipt. r ■"'.'■' Samuel Brennan . said he.. arrested the prisoner and read the charge. Prisoner said: ■•■l never saw" Mrs: Greenwood. I don't know her. I never spoke ,her. „I had two., bags :of chaff from the boy, and I owe Mr Greenwood £116s. I saw Mr Greenwood before he went' to Auckland, and made arrangements .that-I should have thetn.",; ; Mr Tyler submitted to the Court that ther.ejfjwas, nq> necessity.for him to go on with the case, as the prosecution had fkjled tOj■ prore that ; the pretences alleged were false. He had witnesses to upset the; prosecution, but he. submitted; there was no necessity to call them. His Worship considered that there was no proof of the pretences as alleged, and dismissed the case refusing costs. ]' tTohnlViurphy was charged with stealing nine,;^hillings,from the counter of the: Occidental Hotel, in Brown street.

Accused pleaded not guilty. ,r ; Mr Bullen stated the facts of the case, frgm which ifc appeared that the prisoner arid two others went into the Occidental Hotel: and tendered;,a. half sovereign in payment of liquors had to the amount of one shilling, refusing ak the isame. time .to. trust the barmaid with the money. She "br.ou.ght:j9.s, which tl\e,prisoner .took away as well as his own half sovereign. •;W. ■■ Swindells,; ; residing.. at the Occidental Hotel, said accused and. two others came:jatO;the; hotel? at;, 7 o'clock,[ordered three drinks, aud pulled out half-a-sovereign, ;and;>told the barinaid^to give him the change and he would give her the half-sovereign. She did^thisi J; He put. the change in his pocket, and. kept possession ..of the' Halfrsovbreign>'rwhich he: (witness) saw'in his hand. The accused op being asked why.nhe did ndt give 'the'girl the half-sovereign, said he had done bo; ,'^Witness' told^'h'iin^he hadrseeri:him jut it into his pocket and threatened, to report I'the matter- toptlie' police/ He': could swear apcused, did pot give the money to the girl^'but put it in his pocket He subsequently, refused to give up the money, so the'present charge was brought. t.. . . : Gross-examined "by' pLy Macdonald-—I saw. the.whole transaction. .... , r Mary Southwell said — I supplied liquors to the amount .of one.shilling to accused. He put down asixpence: fir3t and half a sovereign, which I picked up.. He made me put it down agiiin, and he put it in his pocket. He said he wouldn't trust me with it.' I counted out nine shillings, and he put them as well as the half aovereign in his pocket. I asked him for the half sovereign.' He said he had given it; I swear he never did so.

John.smith>, constable, deposed taking prisoner into custody on the charge. ■.■•'■iSft i '^acdon&\d.,:i&id:'-he would not call any evidence, but urged there was no felonious intent, it being merely a rough and uncouth joke, as was proved by his coming again to the house and joking about what he had done.

His Worship said -there was just' a shadow of a doubt, and he would dismiss the case, though defendant was as near getting three months as* ever he was in his life. It;was a most disgusting joke. Court adjourned. „."*.