RESIDENT MAGISTRATE'S COURT.

West Coast Times, Issue 79, 5 December 1865, Page 2

RESIDENT MAGISTRATE'S COURT.

[Boforo G. a. FitzGerald, Esq., It.M. FitnuY, Duo. Ist. A considerable number of coses camo before tho Resident Magistrate's court on Friday, for judgment. Business was commonced with Andrew Jackson and Patrick Maloney, who were summoned for having committed u.broaoh of the peace by fighting in the stroets of the Kaniori township. In spite of the defonce mado by the prisoners, the evidence of Scrgoant Oloments was considered as conclusive, and they wore accordingly fined 10s each; Maloney 10s in addition, for using violent and threatening languago. — Joseph M'Lauohlin was indicted for having written v threntoning letter to Raohel Solomons thereby putting her to the extreme of bodily fear. Tho lotter was read in court, and Its absurdity was only equalled by its unmanly threatening tenor. Ho had been before tho court boforo on a chavge of having violontly assaulted tho prosecutrix, but through writing a mosthumblo nnd apologotio lotter to her husband (which was also before the court) Iho caso was dismissed lacking ovidenco. Ho, however, aftorwards wrototho letter complained of, whioh was certainly of a nature calculated to both alarm and annoy. Phiuens Solomon tho husbulid, doposed to having received the lotter, nnd also, that the prisonor had on a foruiei; occasion struck lv|s wife in tho face. Tho piosecutrix stated inaimwor to a quostion from tho prisonor that the origin of the dkigceincnt botwoen thorn was eomo monetary transaction botweon hor

husband and him, in which tho former had been a heavy loser, nnd she had therefore set her face against any further connection with tho prisoner. The case was a clear ono, anything but to his credit, and so thought his Worship, who in giving judgment said he was undeoided whethor he should commit the prisoner or not, as he had acted in a most unmanly brutal manner, and had evidently by his questions (whioh were objeoted to by the bench) attempted to cast a slur upon the character of the prosecutrix. Ho should, therefore, bind him over to keep the peace for twelve months —himself in LIOO and two sureties in LSO each, in default thereof to bo sent to gaol. — James M'Kenna was charged with larceny of a saucepan, bolonging to Mrs Cole, from tho tent of a Mrs Gamble, situate at the back of Revell street. The procsecutrix deposed to lending the article to tho latter lady, recognising the one produced in court as the same. Detective Howard stated ho found the saucepan in the prisoner's tent, partly concealed under some bags ; also that be was an old offender — producing a polico gazette wherein it was shown the prisoner had been sentenced to eighteen months hard labor for stealing from tho person. Tho prisoner in defonco declared he knew nothing about the matter, and had nover boon seen at the tent in question. Tho caso was remanded for twenty-four hours, for further evidence — George Harris was oharged with misappropriating a watch and sundry moneys on tho night of the 20th ult., the property of Henry Riloy, chief mate of schoonor J. M'Douall Stewart. Tho prosecutor deposed that on tho ovening in question, he retired to his berth at ten o'clock, on board the said vessel, hanging his olothes up to the bulk head, in the pockets of which were a watoh, and a purse containing L 6 lCs Cd. Whon he got up in the morning he missed his watch, and afterwards his purse 5 the Captain, also, missed L 25 in sovereigns out of a private locker whero ho had deposited them the previous night. They made every search and enquiry on board without success, and finally proceeded to tho Polico Camp to give information. On their way there they fell in with the prisoner, who had como down from Melbourne in the schooner, working his passage as cook and steward. Observed him trying to avoid them, which excited their suspicions, especially as he had twice been on board the previous evening in direct disobedience to tho commands of tho captain, who, on discharging him, forbad him tho ship. On giving information they made known thoir suspicions to Dotective Howard, who thereupon accompanied them down the streot towards the vessel, when, on arriving at Gibson's Quay, they fell in with tho prisoner. Howard immediately addressed him, making known the loss sustained, insisting upon searching Kirn, which he objeoted to. The dotective then arrested him, and conveyod him to the Camp, when, on searching his person, two LI notes and 16s in silver was found, besides sundry papers and a piok-lock. Amongst the papers a small memorandum wa3 discovered whioh tho prosecutor immediately he saw it claimed as his ; identifying it as a cash account sent to him from England by his mother, and which he always kept in his, purse, swearing it was in the middle compartment of his portmonnaie the previous night at eight o'clock This was clear evidence, besides whioh W. Williams one of the crew, deposed to finding tho key of I tho missing watch alongside the galley, It was ! moreover shown that the prisoner was penniless when he arrived hero, nnd to obtain the common necessaries of life he was seen to hawk a tin dish about for sale. Not boing able to give a satisfactory account of how he becamo poaeossoc] of tlio L 2 10s., nnd quite unable to refute tho charge laid against him save by a general denial, — he was committed to tako his trial at the next' oriiniual sessions of the supreme court.

Satuitday. Deoembeh 2. Phineas Solomon, landlord of tho Cuf6 de Paris, was charged by M. A. Kelly, landlord of the Hibernian Hotel, in Revell street, with having stolen six geese and a turkey from his premises on Thursday last. Mr M'Gregor appeared for the defence. Ann Kelly, wife of tho prosecutor, deposed that she missed the geese from her baok yard on Thursday last. On Friday she was shown four geese and one turkey by Deteotivo Forrester, which she immediately recognised as the missing birds. Identified thorn by a mark under the eye, out by herself with a pair of scissors ; Mrs Hackctt held the birds whilst she did it. She swore they were never sold by lier to any one, and the last time she saw the geese was on Wednesday evening, at about six o'clock, when she put them into a fowlhouse in tho back yard, shutting tho door and securing it with a padlock which (having no key) she did not louk. Tho turkey had been missing for three weeks. A cross-examintion by Mr M'Gregor failed to elicit any lung further from tho witness, or to cause her to contradiot herself. The evidence of Bridget Hackett confirmed the testimony of the last witness ; she recognised the mark under tho cyo, swearing to having out a piece of flesh out with a pair of soissors. M. A. Kelly hoing sworn, stated that he recognised the turkey by the mark under the eyo, but was not present when tho mark was made. On Wednesday last, he was sure ho possessed at least five geese, three hen turkeys nnd a cook tuikey, and was present when pome of them wero marked. There is a fowl house in his back yard, tho door of which is seourcd by a padlock and hasp Thero is also a gate to his back pard, which on Wednesday night he locked, hanging the key up in its usual place in the kitchen. When the loss of the poultry was discovered, ho applied for a search warrant against Solomon, and accompanied Doteotivo Forrester, on Friday, to tho baok yard of tho accused. The deteotivo demanded admission, and there he found tho missing property in Mr. Solomon's fowl house. The birds produced in court he identified as the same by the before mentioned mark, During his oross examination by Mr. Macgregor the witness admitted that the poultry was let out to feed every morning, and that tho gate of the yard was often opou. Ho had several times found them straying. Thero was no animosity on his part against Mr. Solomon, although thero had been a law suit between them lately. He considered tho mark on tho geese as uncommon, never having seen it boforo on others. • On several occasions he had missed fowls, had made enquiries of Mr Solomon concerning them, and had been ordered by him out of his yard, Doteotive Forrestor deposed— That by vlrtuo of a search warrant he procoeded to the back of Mr Solomon's, accompanied by Mr Kolly. Thoy went through tho cafo into tho yard. On their arrival at the yr,rd the fowls were . running about. To enable the prosecutor to examine thorn they wero driven into the fowl liouko. The yard is enclosed by a close fonco. Mr Kolly and himself went into the fowl house, and ho (Mr Kelly) identified one of tho turkeys as his property. The geese, also, ono after tho othor, wore identified iv tho same manner, viz , by a mark nndor the eye. The poultry produced in Court were tho same. Previous to thoir onloring the fowl house he [asked tho accused if tho geese bolongecl to him, to which ho replied, " Oyes, I suppose so." He at onco arrested him, and they prooeoded to tho camp, carrying tho geeso with thorn. When cross-examined by counsol for accused, ho stated Mr Solomon admitted he knew nothing about tho number of poultry ho had, and on their way to tho camp he also said ho had bought tho eight couples of geese for L 6 from some one bolonging to the Bruce steamor. At tho request of tho prosecutor the caso was adjourned until Friday, tho Bth inst., for tho produo tion of f arthor evidence

Monday, Dkobmiieti 4, To-day. Iho timo of the Resident Magistrate was chiefly occupied in hearing a case of cattle stoaling. Some minor charges, howover, were first diaposod of. Georgo Richards and George Maokie, for buing found drunk and disorderly, paid tho usual penalty ; whilst Georgo Bubkhani,

for a breach of tho Dog Nuisance Aot, was fined LI . .Heiiry Korr, charged with having conducted himself in a manner calculated to cause a breach 6f the peace, was discharged, /the evidence against him hot, beiug sufficiently conclusive. Joseph and John Cooper and Peter Keller, miners, charged with cattle stealing, were committed to tako their trial at tho next criminal sessions of the Supreme Court. Wo shall give full particulars in our next.