RESIDENT MAGISTRATE'S COURT.

West Coast Times, Issue 54, 7 October 1865, Page 2

RESIDENT MAGISTRATE'S COURT.

(Boforo G. G. FitzGerald, Esq., E.M.) Thubsday, Oct. 4th. The Bank Robbery. — Jonathan Smith, a powerful looking man, was brought up by Detective Howard, charged with being concerned in the recent case of "sticking up" at the Grey River. The arrest of the prisoner was effected on board the Ballarat steamer, whilst engaged in conveying passengers from the wharf to the s.s. llangatira, by which vessel Smith had intended proceeding to Melbourne. The usual formal request for a remand was made by the detective, in order to enable Mr Walmsley, who is stationed at the Grey, to appear. No evidence was, therefoie, taken, the remand being granted for seven days A splendid sample of coarse gold, found upon the person of the prjsonery. was submitted to our inspection, for the possession of which' Smith will doubtless bo called upon to give an explanation. ' McLeod v. Clappy. — This was an action to recover the sum of £90, as compensation for the loss accruing >from the neglect of the defendant in delivering a billiard table at the Grey Mouth. In consequence of the interest displayed in this case and its unfortunate termination for the counsel for the defence, we shall depart from our usual course of withholding tho jnrticulars of civil disputes, and shall givo a detailed account of tho proceedings. Tho plaintiff was represented by Mr Oakes, and tho defendant by Mr O'Loughlin. The plaintiff, Charles McLeod,' on being sworn, deposed — I remember the- 12th August, on which day I was in Hokitika, and saw Galvin, the servant of Clappy, standing near the Empire jlotel. He agreed to take a "billiard table to the Grey for L 25. I gave, him delivery of the table at the Empire Hotel, about 3 o'clock in the afternoon of the 12th of August, and on the 15th I saw it lying in the road at the Teremakau opposite the defendant s house. I again saw it in the s&me place on the 25th of August, exposed^ to tho weather. I waited 14 days at the Grey, anticipating the arrival of the table, and' l then engaged a man named Smith to take it on to the Grey. I bought the table from Charles Iloyt for Ll6O, it was a second hand table, but everything connected with it was in good order. On the 27th inst. I helped to unpack the table ; tho cushions, body of he table, cues, &c., wero damaged to tho extent of about LlO. I offered Smith LlO to carry it to the Grey from tho perilous position in which I saw it at the Teremakau. I had a place at the Grey ready for thie reception of the table, and I estimate my loss in conse* 1 quenco of its non-delivery at L 5 per diem. To Mr O'Loughlin. — My place could havo been ready in twelve hours. The table was better than Bracken and Middleton's, and I should, therefore, bo likely to tako moro ready money than they. I was not going to have any other business in conjunction with tho billiard table. Messrs Amer and Bracken, billiard table proprietors, were called to give evidence as to the receipts from their respective tables, which averaged from L 3 to Ll3perday. For tho defence it was argued by Mr O'Loughlin that it was necessary to prove negligence on the part of Galvin, who could not bo held liable for damages sustained by an accident to the polo of his dray, an accident which he (Mr O'Loughlin) might say was an act of God. In cor sequence of tho breakage Galvin was compelled to return to Hokitika, nnd when ho returned tho waters had risen and delayed his arrival at the Grey. Ho, Mr O Loughlin, would prove that no accidont occurred until the fording of tho rivor, up to which time tho dray was in good order. Several witnesses wero examined for the defenoo, but tho oross-oxamiuation by Mr Oakes made it appear that tho plaintiff waa entitled to redress. Both counsel eventually admitted that they had nothing more to advanco, whereupon the Magistrate proceeded to annlyse tho evidence preparatory to. recording hie verdiot, but

O'LougMin seemed to recollect that he |liad something more to say., ,aml accordingly interrupted the Court, the result of which was that the following scene 'ensued : — The Magistrate'— MrO'Loughlin, you have made .your defence, and now .will you sit down ? Mr O'Loughlin^— l won't sit down, sir, I have as much right to The Magistrate — Will yoti. hold your tongue and sit down ? Mr O'Loughlin — I will not. ' The Magistrate — If you do not hold your tongue I shall forbid your practising in this Court. Mr O'Loughlin — I will not. II — — ! The Magistrate — Leave tho Court, \ Mr O'Loughlin. Mr O'Loughlin — I will not, unless I am placed under arrest. The Magistrate (to the orderly) — Put that man put qf the Court. Mr O'Loughlin — I won't go unless I am arrested. The Magistrate — Arrest hi-n. Mr O'Loughlin Avas 'then removed 'from Court amid the amazement of the bystanders. On the removal of the prisoner the Magistrate -proceeded to adjudge the case upon which he was engaged, and returned a verdict for the plaintiff for £2 2s per diem for 14 days' loss sustnined by the rion-delivery of the table, and £10 damages. Several other cases of minor importance occupied the Court for some hours. At the adjournment of the Court Mr O'Loughlin was brought up in custody of the orderly, aud we presume was discharged with a caution, as ho subsequently appeared in his professional capacity at the bar.

deposed— l am a publican. I recollect the sth of September. I was then the signal-man at the mouth of tho Hokitika rivor. I recollect tho Leonidas lying at anchor on that day. High water was between eight and nine o'clock. I put up the red flag about half an hour before high water to give vessels time to get under weigh. The usual high water signal is a, ball and the red flag at the mast-head, which I hoisted. To Mr Patten — That signal denotes that the bar is fit to take.

To the Court — Very shortly after, I hoisted tho red flag. I saw the Leonidas getting under weigh and stand towards the bar. When uno started, there was a fresh breeze from the W.N.W., as well at I can recollect, which died away as she approached the bar. When I saw tho wind was dying away, I lowered the ball, which would denote that the bar was fit for steamers only. The Leonidas was at this time about half a mile outside of the break. When she approached closer, I hauled the red flag down, • which denotes "Do not attempt the bar." Tho Leonidas was about 200 or 300 yards distant from the break when I hauled down the red flag. She still continued her course, and got over the breakers into the channel. The wind was getting lighter every minute. The vessel lost her steerage way and went on to tho beach. They tried then to get her off by running out warps and heaving on them. They tried twice, I believe. The lines broke both times, and the vessel was hovo up farther by the sea. I believe that every effort was made to save the vessel. When I hauled the ball down, the Leonidas had plenty of time to haul off, but when I hauled down the red flag I do not like to say whether it was too late or not, because I could not exactly guess the distance. . To Mr. Patten — It was possible for a vessel to drop anchor in the channel, but I don't tli|^k that she would have held. The eriamry here closed.

Fbiday, Octobee 6. The Adjourned Enquiry into the Wreck op the Leonidas. Charles Marshall Poole, sworn : I am h master mariner. Ido not hold a certificate of competency from the Hoard of "Trade. Ido not hold any certificate. I am master of the Leonidas, a brigantine. I was master on the 10th September, the day on which she was wrecked. The port of registry of the Leoaklas is Melbourne. Her tonnage is 1 1 1 tons register. She is insured in the Derwent and Tamar Company for £1200, through James Henty and Co., of Melbourne. I recollect the sth of September 1865. The Leonidas anohored . outside the bar on that day, waiting for : an opportunity to get into Hokitika. High water, was at about half past 8 on that morning, As soon as I saw «the red flag up, I weighed anchor, and 'stood in for the bar, a strong N.N.W. •wind blowing at the time, and I considered it a suitable wind to go in with. I knew nothing about the bar but from the flag at the mast-head, which is the "usual signal that the bar ia fit to take ; it is also a signal of high-water. There is generally a ball as well as the flag. I •did not observe it on that occasion. I stood in for the bar, and crossed it in teafety until about half-way up. I was under full canvas at the time. I crossed the bar in safety. The wind died away ■when the ship was half-way up the •channel leading into the lagoon. . She then drifted on to the north spit. I was •unable to do anything when the wind failed. It was close upon high-water when the wind failed, — the tide was still making; At low water I commenced discharging. The vessel was uninjured.

By Mr Patten.— l was drawing 7 feet D inches. I suppose there was about 9 feet of water on the bar. I did not touch. The anchors were all ready to let go. I did not let them go when I found I was drifting on the shore. My reason for not doing so was because there was not sufficient drift for them to hold. There was a strong breeze blowing at the time I started. The harbor-master had not been on board my vessel previous to my attempting to bring her in. Robert Shealer, deposed — I am mato of the Leonidas, and hold a certificate of competency. I was mate of the Leonidas on the sth of September, 1865. I- believe high-water was at about nine o'clock in the forenoon of that day. About eight o'clock of that day we •weighed anchor and stood in for the bar. There was a moderate breeze from the N.N.W., which is a good wind to go in with. We had all sail set. We got over the bar in safety, and after wo arrived about half way up the channel the wind died away. The harbor-boat came alongside and took a lino from the vessel to the shore. The people on the shore commenced to pull upon it fcr the purpose of getting the ship up the channel, but they could not make any headway as the sea drifted her on towards the north spit. When we wero on the spit we could do no more. After ■we drifted we threw out our last warp to keep the vessel where she first took the gTound, to prevent her going farther to the northward, and becoming a complete wreck. At low water wo commenced to discharge cargo. The ship was not then injured anywhere. It took two tides to get the cargo out, and whilst we were discharging the cargo two boats were employed to run a wa.ip to the wreck of the Titania on the south spit. After they had run the warp out they hauled it ta"ut, and at the next flcod-tidc there were six men employed besides the boat's crew to heave "the vessel off' She worked tho length of herself along the beach, and then tho tvarp parted; sho afterwards drifted higher up. In tho morning I found that a great deal of her copper was ■washed off her side. She ?mstnined no other injury to the best of my knowledge.* I believe that everything was done to save the ship both before and after aho went ashore pcorgo Lowrio' was next tfworn, and