RESIDENT MAGISTRATE'S COURT.

Tuapeka Times, Volume II, Issue 55, 27 February 1869, Page 3

RESIDENT MAGISTRATE'S COURT.

(Before W. L. Simpson, Esq., TIM). Monday, February 22. "William Hurley and John "Wilson were charged with being drunk and disorderly. Fined 20s. and costs, or 48 hours' imprisonment. Fines were paid. Wednesday, February 24>. Syme y. H.Boulton. — Syme charged Boulton with having stolen one halfsovereign from the table of his bedroom, in his hotel, Tapanui, on Monday, 22nd inst. Syme deposed : I know the prisoner. I remember last Monday. I left home about eleven o'clock. Before I left I put £78 away — £74 in a chamois bag, and tho balance was lying exposed on the table. The room Avas strictly private. Kept the money in the room for safety. "When I came home, I saw the prisoner sitting in front of the bar. I was called away to tea. I left the prisoner in front of tho bar. "Whilst at tea I heard the dice-box rattle on the counter. I went to the bar to see what was the matter. I did not see the prisoner at the bar. I went to the door and looked up and down the street, but could not see him. I then looked into the bed-room, where I saw the prisoner. "When I saw him he was in the act of putting his hand in his pocket. I asked him what he was doing there, as I did not allow any one in that room.. I asked him if he intended to rob me. He said that was best known to himself. I asked himif he had taken any money. He said " Yes, one half-sovereign off the look-ing-glass." He gave me the money. I gave the same to the constable. I told him I would give him in charge. He commenced crying, and said, " I'll give you £5 if you don't send for the police." I never gave prisoner authority to take the money. No one has access to that room except myself and servant. Cross-examined by Mr. Keen (who appeared for the prisoner) : He came to my house some short time ago. I have known him for" four or five weeks. He has been drinking a good deal lately. He was drinking on Monday. Ho was well on that day. "When I found him in the bed-room he was in a maudlin state. He commenced crying. He spent some money in my house. He was in my house on Saturday. I was aware that he was not hard up. When he took the 10s. he had it in his power to take more. I missed no more from that room. I missed 2s. from another room through which the prisoner went. He acknowledged to taking the 10a. He gave it back. I told him he was a paltry thief. He is not void of sense : he has as much as auy of us. By the Bench : He had money in his pocket when he took the 10s. Constable Purdue deposed: I arrested the prisoner" last Monday. Previous to arrestment I heard the prisoner say to prosecutor, " I took the half-sovereign to look at it, and then I gave it back to you." On his way to the lock-up he said it was the first money he ever stole, and tho first time he was in the lock-up. I searched him and found on his person £2 15s. 6d. He was under the influence of liquor. ~ At this stage the prisoner, through his agent, admitted having taken the money ; that he was drunk at the time, and that he did it without any felonious intent. The prisoner was sentenced to gaol for one month, with hard labour.

Thursday, February 25. Police y. Fitzgerald, for carrying on business without a license. Fined Is. and costs. Same v. Ueid. — Reid was similarly charged. Case adjourned for one week. Same v. Roberts, for allowing five head of cattle to stray within the municipality. Fined 12s. 6d. and costs. Same v. Anderson, for allowing one head of catfcle to stray. Fined 2s. 6d. and costs. Tucket t. Henet, for having in front of his hotel (the Camp) a verandah on the footpath, contrary to the Municipal Bye-laws. Mr. Henry stated that the verandah was in course of removal. Upon his promising to have the same removed within three weeks, the case was withdrawn. Same t. Halley, for allowing a horse to stray within the municipality. The summons not having been served personally, and there being no appearance of defendant, fresh summons to be issued. Same t. Donovan. — Same offence, and similarly dealt with. "Wilson V. Forbes. — Claim, £]0. There being no appearance of defendant, and plaintiff being unwell, Mr. Keen asked for an adjournment for one week, which was granted. O'Niel r. Spiers.-— Claim, £5, damages done by defendant's pigs. The plaintiff failed in proving ownership. Verdict for defendant. ASSAULT. Ah Wan and Ah Fan were cbarged with having violently assaulted Ah Toe at Tuapeka Mouth on Saturday, the 20th curt. Mr. Blewitt was interpreter. Ah Toe was taken into Court assisted by some friends, and not being able to stand, a chair was provided for him.

Ah /Toe, being sworn o/>- a match, deposed: I remember last; Saturday

morning. I was near my claim on that day. I saw the two prisoners on "that morning. I met them about half way between my house and the digging. This was about five o'clock in the morning. I said " Good morning, countrymen," on which one of them — Ah Wan — struck me a blow on the eye with his fist. I said* " Why do you strike me, my countrymen ? " They made no answer. Ah Wan closed on me, and we had a struggle. The other man had a driving pick with him, and struck me with the flat of it. I was beaten until I could not stand. One of them had still hold of me. I was so weak I could not stand. I fell, being still held by the tail. I was beaten whilst on the ground. One of them put his foot on my back. I cannot say how many wounds there are on my body ; the Doctor knows. I am bruised all over. I was crying out for help all the time. After some time I could not speak. The beating continued about as long as it would take a Chinaman to eat a rice dinner — not much less than half-an-hour. [The Interpreter said that seven or eight minutes would be about the time a Chinaman would take to eat his rice dinner.] Although I could not speak I was still conscious. They felt outside my pockets before they left. I had nothing in my pockets. Some time after they left I got up and crawled up the hill on my hands and knees. I could not walk on my feet. I never gave them any provocation. I do not know them personally ; but my mates told me where they lived. Never had any previous quarrels or fights with them. Tho assault took place about half a mile from the claim. Cross-examined by Mr. Mouat : There were none present at any time during the assault but ourselves. When I was assaulted I was going to my work. Ah Sep was sworn and examined, but as he was not present during the assault his evidence was of no importance. His behaviour in Court was such that he was taken into enstody until the case terminated. Dr. Halley deposed: After duly examining Ah Toe, he found he was suffering from general bruises over the whole body. One wound under the left knee was the worst. It might have been produced by a pick. For the defence, Ang G-one deposed to his bein^ present during the whole of the assault ; that Ah Toe had first attempted to strike the prisoners with a shovel. [Here one of the prisoners barecfthis arm and exhibited a wound, which he said was caused- by complainant.] That the affray had arisen in consequence of complainant endeavouring to take possession of part of the' prisoners' claim. No such beating as stated did take place. He was only a few yards off during the whole time. The Magistrate, after summing up the whole of the evidence, fined Ah Wan in the sum of £5. The other was discharged. The friends of the prisoner immediately paid the money. Ah Sep was then called before the Bunch, and after a severe reprimand was asked to apologise to the Interpreter, towards whom he made use of words which he (the Interpreter) felt a delicacy in mentioning ; but he wrote the words with the translation. The prisoner having amply apologised, at the request of the Interpreter he was discharged.