RESIDENT MAGISTRATE'S

West Coast Times, Issue 70, 14 November 1865, Page 1 (Supplement)

RESIDENT MAGISTRATE'S

COURT. Monday, Nov., 13th. [Before G. G. FitzGebald, Esq., R.M.] Drunk and Disorderly. — G. Fitzpatrick, John Dunn and James Wright, •were for the above offence each fined £1, or forty hours' imprisonment. Nicholas Punch, for being drunk and incapable, was fined 10s. Elizabeth Brookes, was charged with stealing from the person of one Andrew Munson, a miner. Inspector Broham conducted the prosecution, and Mr O'Longhlin defended the prisoner. From the evidence of the prosecutor, it appeared that he met the prisoner nt the Old House at Home public house, in Revell street, on Thursday night; he was standing at the bar when the prisoner came in. Ho afterwards went into a sitting room at tho back and the prisoner immediately followed him in.; he had previously spoken to her in the bar ; was quite sober at tho time ; when they got into theroom he "called" for himself and her, and took out his pocket book to pay for them, which contained two £5 notes, three £1 notes, and a half sovereign. He tendered the latter to the landlady, Mrs Russel, in payment for the drinks, and on receiving the change returned the book to his pocket. Mrs. Russel then left the room. After sitting there a little time the prosecutor wished to go away ; when Mrs. Hussel returned, and lie then called for more liquor, which lie again paid for out of the pocketbook, taking care not to flash the notes ; again returning the book to his pocket. Mrs. Russell leaving the room, the prisoner sat down besido him, and after talking afew minutes, during which time the prisoner had her arras round his waist, she rose and said she should go, and left the room, saying she would return and fetch two parcels she left on the table. He sat waiting for five or six minutes, when tho barmaid came in and told him she wanted the room. He prepared to leave, and put his hand in his pocket to sco if his money was right, when he found it gone. No one but the prisoner camo near him during the time he was in the room. He searched the room carefully, but could not discover it, and at once went to the Camp and gavo information to the police. A cross-examination elicited nothing further, save that prosecutor had known the prisoner before in Dunedin. Hannah Russell, the landlady of the Old House at Homo, being* sworn, deposed, that she remembered seeing the prosecutor and prisoner in a back parlor of her house on Thursday night, between nine and ten o'clock, and that she Berved them with drinks, there being no ono else in the room save themselves. She remarked the prosecutor paying for the drinks, but did not see what he did with tho pocket-book. She returned Mm the change from a half sovereign he gave her, and when she came back with more liquor saw the change lying on tho table, out of wliich he paid her again. It might have been ten minutes after she served the second drink that prisoner left the house, and before she went gave her, the landlady, two parcels to keep for her, saying she should return for them shortly. After the prisoner loft the prosecutor came out of the room and went into another room, where there were five gentlemen. Ho made no complaint of having lost his pocket-book ; but a few minutes after, when, he came out again, he said that it was gone. She saw the prosecutor talking to two of the men who were in the second sitting room ; they appeared to be friends of Ms, and were sitting close to Mm on one side tho table, the other people sitting on the •other. As it was getting late she told them she wanted to close the house, when the prosecutor immediately came out, and then asked for a candlo, as he wanted to search for his pocket-book, which he had lost. He searched for it everywhere but could not find it. John D. Smith deposed — I am a miner residing in Hokitika. Between 1) and 10 on that night I was with an old mate at the Old House at Home, in a room off tho bar. There were five men in the room altogether. Two wore on one side of the tablo, and myself and mate were on tho other, playing cards. Tho fifth man was sitting at tho upper end of the table. During tho time we were playing cards threo women came into the room and the prisoner was one o'. them. She left tho room immediately after having a drink. Tho prosecutor came into the room a short timo after the prisoner loft — in, say, from five to eight minutes' time. Ho called me, and I went to tho door of the room, when ho told me that he had lost Ms pockot-book in the other room. Mrs Russell, the prosecutor, and myself subsequently searched for it, but did not find it. Tho prosecutor could not have been absent from the room wo were sitting in but a very short time when he said he had lost Ms pocket-book, and during tho time he was there ho did not sit down. Cross-examined by Mr O'Loughlin — I left about twenty minutes past 9 o'clock to tho best of my belief, and the prosecutor at tho time came along with mo as well as my mate. In reply to tho Bench, tho witness said ho would swear it was not near 1 1 o'clock when ho camo out of tho house, for he was at the Camp before 10 o'clock. By Mr O'Loughlin — Mrs Russell, on tho pocket-book being minted, said that go one had been in the room but tho

s Jrvant girl must havo taken it. I cannot say whether the prosecutor said at first that the pocket book had been lost, or had been taken away ; but I believo ho said that it was lost, before Mrs Russell said that tho girl must have taken it. There was a bed in the room wo searched, and I am sure that tho book was not there. Constable Forester said that information was received on Thnrsday last that a man named Munson had beon robbed of his pocket book, and witness subsequently arrested the prisoner about 1 1 o'clock, on Gibson's Quay, for this offence. He cautioned her in the usual manner, and she said she knew nothing about it, and nono of the stolen property was found on her. Tho robbery was reported about 10 o'clock. Mr O'Loughlin, for the defence, pointed out several discrepancies in the evidence for tho prosecution, and contended that under the circumstances it was a case in which the Bench was fully justified in discharging the prisoner. In l'oply to the Bench, J. D. Smith, recalled, said that the three women alluded to in his evidence were, the prisoner, Mrs Russell, and the barmaid. After they, had their drinks they went away and did not stop in the room but a very few minutes. The Bench considered that there was not sufficient evidence to justify the pending the prisoner for trial, and she was therefore discharged. INDECENT ASSAULT. Patrick Ryan was charged with having indecently assaulted MnrianMillnr, a little girl of about 7 years of age. The Court was cleared when tho case was gone into. The girl, before being sworn, was examined as to her knowledge of the obligation of an oath, and her answers reatisfied the Bench. The prosecutrix then deposed as follows : — On Sunday last I and another little girl, and my sister, were playing on the beach. Th« prisoner was there, and said that he would give me a gold brooch and a belt if I would go up to his tent. I had seen him the day before round at my father's. After being promised these things I went home and washed the dishes, and at the same timo told my father what the man had said, and asked if I might go to his tent. My father let mo go. Tho tent is only about fifty yards from my father's. On going to the prisoner's tent prisoner was there and told me to come in and sit down. I did go in, and he then put the brooch in my dress and the belt round my waist. The belt and brooch produced aro the same that he gave me. (The witness proceeded to give details as to tho prisoner's conduct, which if correct clearly proved the offeuce with which ho was charged, but the evidence, of course, is unfit for publication). After giving this testimony, the witness said — The prisoner for some time prevented mo from crying out, though I tried to do so, by putting his hand on my mouth and threatening me, but at last I was ablo to get his hand away and cried for assistance. My father passed by, and on getting away I told him what the prisoner had done to me. The tent was partially open, one side of tho entrance being up during this time, but on my father coming by prisoner put down the sido that was open. My father camo to the tent and threw up both tho flaps of the entrance when ho came in. When my father came in prisoner lay flat clown on Ms back, but his clothes were then disordered. Tho Magistrate asked tho prisoner if ho had any question to ask tho witness, but he did not ask any, contenting himself with saying that he was totally'innocent of the charge brought against him, and that it was a gob-up affair to do him injury. John Millar, the father of tho child, corroborated her evidence asto her being permitted to go to the prisoner's tent, which was near to witness's, but sho was to return directly. Sho stopped away about twenty minutes, and beginning to bo alarmed ho went in search of her, and found her in the prisoner's tent as previously described. At this timo tho prisoner was lying on his back on the floor of tho tent with tho child lying on him. He could not say whether tho child was struggling beforo he went, but on seeing him she bounded off him, and tho prisoner then turned on ono side as though to hide his clothes. At this time the front of his trousers was open. On taxing prisoner with indecently assaulting tho child, he told witness to bo quiet as no harm was done. Witness then went home, when the child told him what tho prisoner had done, and on going to the tent prisoner had left it. Information was then given to tho police, and prisoner was subsequently arrested. Tho child was close on seven years of ago, and would bo seven next month. In reply to tho prisoner tho witness said that sinco the assault tho child had been examined by a medical man. Constablo Forester proved tho arrest of tho prisoner in a tent just off llevcll street, about half-past eight on Sunday evening. Tho prisoner was very violent, and did all ho could to escape, but he made no statement whatever. Mr Inspector Brohan said that was tho case. The prisoner was then fully committed to take his trial at the next sittings of the Supreme Court in Hokitika, Mr Fitzgerald remarking that ho sincerely hoped the jury would give the prisoucr hrn deaortß.