RESIDENT MAGISTRATE'S COURT.

West Coast Times, Issue 86, 21 December 1865, Page 2

RESIDENT MAGISTRATE'S COURT.

Monday, Deo. 18. [Boforo G, Gr. FitzGeraid, Esq., R.M.] Obstiujotino a TnoßouanPAUE. — Richard Itcoves was charged with obstructing a thoroughfaro by leaving a lot of goods on tho footpath opposito to his promises in Wharf-strcot. Tho dofenco wa3 that Mr Reeves was constantly receiving nnd delivering goods, and that it was impossiblo to avoid' obstructing tho footpath in somo degree, unless all business were put a stop to. Tho Bench aOppted this view, and dismissed tho case. — Samuel M* Death, drapor in ltovellstrcot, was charged with tho samo offence, by allowing two lamps to overhang tho footpath only between five and six feet from tho ground, As tho obstruction had bcon romoved sinco the polico complained of it, this caso was also dismissed. — Jamos Olark was also summoned for obstructing tho footway by allowing goods to remain on it. The Magistrate remarked that in all cases tho polico must mako suro that tho goods in question remained tbero sorao time, othcrwiso every tradesman in tho town might bo constantly summoned. In this instanco it appeared'that the goods had only been on tho footway for about twenty minutcq, and the case shared tho fato of the former ones. IIonPB Stbauno. — James Murphy was brought up, on romand, charged with this offence, but was further remanded to the 26th instant, at tho request of tho polico. Lauobhv.— Francis Bowler was brought up on remand, charged with stealing a brooch, the property of a hawker named Happere. Tho caso had been adjourned for the purposo of procuring tho cvidenco of tho person to whom tho brooch had boon offered for sale, prior to its boing found, where the prisoner had lain down, This witness, Margaret Ilorea, was now called, and partially identified tho brooch, stating that the prisonor had asked hor LI for it. At tho timo prisoner offered the brooch for sale he appeared to bo drunk, but knew what ho was doing. Tho other evidenco givon by this witness merely corroborated tho previous testimony. Another witness, in tho employ of Mr Procter, jewellor, was called by the prisoner, but failed to prove Anything favourable to hit) caso. The prisoner was then committed for trial atthenextsossions. In reply to tho usual questions he merely said ho was not guilty. Stealing from TnE Person ,~Mary Anne Bambcr was charged with stealing from tho person of Geargo Douglas a gold ring and money to tho valuo of about L2l, Mr South appeared for tho defoncy. The prosecutor, a sailor recently bolonging to tho Maid of tho Yarra, said that, on tho 14th instant he saw tho prisoner about nine o'clook in tho ovoning at tho London Hotel. Subsequently, about half-past olovon o'clock, tbo same night, he again met hor at tho sarao placo, whero dancing was going on. Eventually witness loft the hotel in prisoner's dornpany, and went to her houso with another man. On arriving thero witness found anotherman thero that ho knew by tho nanio of Bob. 110 hud a drink thero at the invitation of tho prisoner. It was brandy, or supposed to be brandy ; and Hob also had a glass, but whether ho had it out of tho samo bottle or not witness could not say. This waa tho only drink ho. had in tho houso, 110 had had threo drinks beforo on that night, but ho was not at all drunk. lie had ono glass of ale and two nobblers of brandy ; ono of theso ho had in the company of prisoner at tho hotel. After n time tho two mon who were in the houso loft, but prosecutor stopped till noxt morning, Aftor taking tho drink in prisonor's house prosecutor folt sick and holplcss, and though ho folt tho prisoner rummaging his pookots he was unable to offer any opposition. This was about twenty minutes aftor ho had taken the drink. He also was quito conBciouc of hor taking a ring off his finger at tho samo time. It had the word "Otago" ongraved upon it. and also a pick, shovel, and oradlo. A looket, whioh ho had in his waistcoat pocket, was also taken, but ho did not romomber her taking it, After a short time prosecutor became ivBensible,rocollccling ntf moro till morning. When prisoner was searching his pockets, prosecutor could not move, but could speak, and told hor to knock off. In tho morning when ho woke about six o'clook, ho discovered that his money, ko. } was gono. 110 was then lying on a settle when he woko. At the timo of going into the houso he had a LIC noto, a L 5 note, nnd tho romaindor in LI notes amounting in all, to betweon L2l nnd L 25. /Ho could not swear to tho notes, but he drow them in Dunedin. He had tho monoy in his left trousers' pocket, and it was in a bag, Ho was suro that tho monoy was in his pocket when ho went into tho prisoner's houso, for ho folt it thoro. There was no ono in tho houso after ho went thero but tho prisoner, boforo lio found his money was gone. A woman did como to tho door, but did not come inside. On waking, witness told prisoner that he had lost his monoy, and also, tho ring andlockot. At that timeshohad tho ringon her finger. Sho denied all knowledge of tho monoy or tho looket, but did not deny having tho ring though»she refused to givo it up unless tho prosecutor gave hor L 3 10s. Ho loft tho honso about 9 o'clook in ,tho morning, nnd roported tho robbery about 2 o'clock tho same day, (Friday). He, and a constable, wont to prisoner's houso, about 7 o'olock that evening, but sho was not at home then, nnd she was arrested the next day with tho ring on her finger. As tho magistrate" had to hold a wreck enquiry on tho Maid of tho Yarra, tho caso was remanded at this stage, and tho prisoner was allowed bail. Tho court thon adjourned, Tuesday, Di:o. 10. Usma TnnKATENiNa Language. — Edward Slater, for using thrcatsnlng langungo to a constable at tho Kaniori, was fmed 20s or 48 hours' imprisonment. Stbamno FnoM thu rwifioN. — Many Anne Bamber was brought up, on remand, ohargodwith stealing a ring ami money from tho person of Qeo. Douglas.— Mr South appeared for tho dor'ence, and cross-examined the piosecutor. — The latter said that ho waa in company with other persons on tho night that ho lost tho ihoney. Ho fust ki^ tho pilsoner, about seven o'clock that mghb, in ad.uieo house, that ho thought was called the Union. Beforo ho saw hor ho had only taken two glasses of groj from tho middlo of tho day. At this dapciog houso ho had another drink,

and subsequently drank 0110 glo/w at Kebblo'a, aud ano'her at her house. Ho did not tell any man that ho had lost his recollection from the time he had landed from the Maid of tho Yarra, but ho did aay that ho. had lost bis money after taking tho drink in prisoner's house, and that he had bcon the worse for liquor. He did not nay how ho had lost his monoy. Did not know where he had lost it, but believed that ho had lost it at tho house of Mary Anno Bambor. He did tell a sailor, of thp name, .of; Jack, that he had no money. . It was about 12 o'clock when ho went to prisoner's house. 1. He drank two glassos in tho London Hotel that night, and he only drank threo in nil during the night. He did not hand her a ring in the London Hotel, but ho did 800 anothor girl with the prisoner. There was no conversation held botweon him, #nd tho prisoner as to money, and he never said she could keep the ring till he gave her money. It was about 0 o'clook in tho morning when he told tho prisoner he had lost his money. Ho last saw it at, the London Hotel, when he was paying forßonio liquors, and tlie. notes, were then safo. Ho would also swear that tho note 3 woro in his pocket when ho wpnt to tho prisonor's house, for ho felt them there. At the time prisoner gavo him a drink, a man named Robert Ecoleson was present, Thfs was .the man ho had previously re f 01 red to as 80b... Ho could not say whether Hob drank out of tho same bottle, but he did have a drink at the samo time, „and loft about ton minutes after, Ite did not go lo bed lat all that night* but lay on the sofa. At the timo the prisonor searched hia pockets,* he was quito sensible, but powerless to move. He could not swear that sUo took tho money from his pookots, for he becatno insensible during the time, but he. could swear that sho took the ring from his fingor. He did not go out of tho house early in tho morning nnd go baok again,— The cross-examination . was prolonged to a great length, but did liot.elitfit anything moro favorable to tho prisoner.— Tho apprehending con* stable proved the arrest of tho prisoner, and that nt the time she had a ring on \xhioh the prisoner claimed na his. She said she knew nothing whatever about tho robbery of the money, but acknowledged that the ring was the prosecutor's , property, , nnd >said that he had given it to her. On searching her at the watch-house a Lo note, 12s Cd in silver, and sovoral other rings were found upon hor. — The. ring identified by tho prisoner was lost by the witness subsequently, and ho could not therefore produce it.— For the defenco JMr .South called ' Robert Ecclcoon, who proved that oniho ovening in question ho saw the prosecutor, who was rather tho, worse for liquor, and could scarcely walk. Tliis was about 7 o'clook ; and witness saw prosecutor again about \d o'clock, at this timo he (prosecutor) was very drunk. ■ , Prosecutor asked witness to have, a drink, but when they went to the bar .ho had no money to pay for it, and witness therefore rofused to drink. Witness waa quito certain .that proa.ecutor.did not pull out any bag, or, tnko <rat any silver to .pay for tho driuks. Witness saw hjm drink at least five times during the evening, other^ people paying for tho liquor. Witness was in prosecutor's company in prisoner's houso, and they had some brandy. Prisoner went out nnd fetched it. It was a whole bottle, and bad not been opened whon sho brought it in. It was opened thon, and the threo had n drink, the prisoner wipipg the glasses fiißt. He was quite sure there was nothing in the glassos but the brandy. Witness left about ten minutes afterwards, and at that tirao prosecutor was speechlessly drunk, lying down on tbo form. Witness was quite sober at tho time. He saw prosecutor the next morning, and he told him that ho had lost his money, but ho did not know where. Frosccutoi also to]d witness that ever since he had been on shore ho had been drinking, and had not had his senses properly about him. On the night stated, prosecutor could not have , pulled out his purse and pay for drinks, without witness seeing him,Jaud be wa3 sure ho did not do so. — Sarah Kilhy, also proved that sho saw thoprisoner drunk in tho London Hotel on tho evoning in question. Sho saw him the next day, and heard him ask prisoner to givo him up tho ring, and sho said sho would when ho paid her L 3 that he owed hor. 110 did not deny owing tho money, and said sho could keep the ring till ho paid. — Mr South addressed the magistrate, contending that tho ovidehco of the prosecutor had been contradicted in all its matorinl points, and that thore was not tho least ground for committal. Tho court adjourned for an hour at 2 o'clock, and on being re-opened, tho magistrate said that he had looked very carefully into the cvidonco, and it was clear that the proseoutor had made bo many contradictory statements in roferonce to the money in bis possession, at tho timo of tho alleged robbory, that he could place no dependenco on his evidence In reference to the ring there appeared to havebeen no concealment, and ho did not consider that a jury would convict nnder the circumstances. Tho prisoner was then disoharged. In order to allow the enquiry on tho wreck of tho Maid of tho Yarra to proceed^ tho court was adjourned till next day, tbo civil cases on tho list boing placed first for hearing.

Wednesday, Dko. 20. BunaiiAßY iw a Pomoe Camp.— Qoorgo Widdicombe, Arthur Leal, Robert Liddell, and James Quaig, wero charged with committing a burglary in the Police Camp at * the Kanieri, and taking away somo'L6o in monoy, with other articles. At tho request of the police, tho cose was remanded for eight days. Entering a DwEfcuwa-HousH.— John Iliggins was clmrgcd with entering the premises of Morris Sklaark, in Itovell street, with intent to comraif a' felony. Tho prosecutor, a general dealer, said that on the previous ■ night he went to bed about 11 o'clook, and prior to doing so fastened the door of tho houso. Whilst undressing, he saw some persons in tho front of his house, under tho vorandah . They were sitting down and looking inuido the houso through, tho chinks ia the boards. Prosecutor went to bed and lay there for about two hours, when ho was woko by fooling a hand passed over him, and a foot at tho samo time camo in collision with his. Ho jumped up immediately, and asked who was thore, when prisoner replied that it was him. Thoro was no light in' the place at the timo. Witness asked him what ho was doing thore, nnd ho said he was drunk, and thinking it was an empty liouso ho had got in through n bolo in tho roof. Witness struck a light, and prisoner bogged vory hard to be lot go ; but this was not allowed, and other assistance coining ho was given into tho custody of tho watchman, who handed him over to tho polico. . When prisoner was looking into the house, witness was undressing, and tho formor could havo seen a watch and chain'that ho had. Prisoner was perfectly sober and oflbred no resistance to tho arrest. In reply to the prisonor, prosecutor said tho houso was finished, but had no door or window in front. Tho front was temporarily boarded up, but tho gablo was open. John Davis, night watohniar, corroborated the previous evidence ns to finding tho prisoner in prosecutor's store, and to having taken him into oustody about half-past one o'clock in tho morniug. Ho had previously scon him loitoriug about the prosecutor's premises, but no ono olso wa"» with him. Witness know prisoner before, having frequently seen him knocking about. In defence, prisoner said ho was drunk and did not know what he was about. He thought it was an ompty houso, nnd ho went thero (o He down. Ho was then fully committed to take his trial at tho noxt sessions. Civil Casks*. Craddock v Fano. — A claim for LS, a business license said to bo illegally detained by plaintiff. It wa;i a partnership dispute it appeared. A verdict \vi\y given for tho plaintiff. Wilmore v diaries— A 13s Cd washing bill, which defendant refused to pay, becauso ho alleged plaintiff had douo tho work for some of his boarders, nud not for himself. Verdict for nmoiuiti Sijmo v Charles and Isaacs. — A claim for L 9, three weok'a Nyagoa at L 3 por week. The defence wav that plftintin* was not ongaged at all, bub

was allowed t) live on defendants' premises till her own placo was nut up. Verdict for plaintiff for L 3., . , . , Power and Co. v Sklaark Mr South for tho defence. Tin's was an action to recover Lll 16a paid for eggs, which defendant guaranteed to bp good, but which, it.was alleged turned out hwl,. The case lasted about an hour, and resulted in a verdict for tho defendant. . There were several other cases, but none of any public interest.

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