RESIDENT MAGISTRATES COURT.

West Coast Times, Issue 105, 18 January 1866, Page 2

RESIDENT MAGISTRATES COURT.

Tuesday, JANiuay IG, 18G(5. (Before G. G. Filzgornld, Esq., R.M.)

Peter MacMahon was charged by A. M'Crae, with feloniously stealing a swag and other articles from a tent 13 miles from town. Mr South dofonded tho prisoner. Prosecutor on being sworn, stated that on Saturday last ho s.iw the prisoner in town with the swag and other things that he claimed as his, and that ho had at onco given him in chargo for' stealing same. He admitted on crossexamination that prisoner was a mnto of his, and also a man of the nnmo of M 'Cloud. That hehad left prisoners in their tent, and not returned. v The Resident Magistrate interposed, and said that they woo not only mates, but that prosecutor had loft swag and articles in prisoner's possession, and that he had left them there, and did not make his appearance again, and it was not to bo supposed that he (prisoner) would havo left tho articles to perish in tho bush, and his return for taking euro of them, and bringing them down was, that tin piosecutor gave him iv charge . There was no felonious intuition, and tho prisoner must be discharged. Mr South stated that tho prisoner had been in gaol sinco Saturday, and made some remarks to prosocucor about tho courao ho intended to take with him for his unjustifiable conduct towards his mato.

Wednesday, jANi/Anv 17 (Befovo G. G. FitzGorald, Esq., R.M.) William H. Martin was, charged with having, on the 11th January, stolen four kegs of butter from the schoonor Alma, the pioporty cf Mr.

James Spence. Tho evidence of James Spenoc, who was first examined, was to tho eft'eot that ho did. on the Oth instant, ship on board tho schooner Alma sixty-four kegs of butter, of which six wero stolen botween that date and tho 11th instant. Four of the kegs woro produced in Court, and sworn to as tho property of witness, and part of thote ho had so shipped. The prisoner was known to hint ns tho master of the schooner Tambo, which vessel, on tho 10th instant, was lying alongside Gibson's Quay, closo to tho Almn. Botweon noon and 1 p.m. of tho llili, prisoner onllctl upon witness at his storo to mako some inquiries about tho lading of tho Tambo, when nftev a littlo conversation witno3s told him somo bnttor had been stolon from tho Almn. Tho prisoner then said that from what ho hud heard on tho previous evening ho boliovod tho butter was on board tho Trtmbo, in tho foreeastlo, covered with sails, and that thoro woro four kega altogether. Witness then went down to tho Tambo and saw the kegs in quostion in tho foro part of tho vessel on deck. Ho oxaminod and identified them by tho marks as a portion of tho sixty-four kegs beforo alluded to. Win Williamson, tho chief ofllccv of tho Alma, deposed to having received sixty-four kegs of butter on tho Oth instant, anil stowing them away in tho after hold, and that, ho boliovod they wero all seenro where ho had them placed until the 11th, when Mr Spence came on board and in-formed-him that some of tho It eg? bad been stolen, and on examining the hold found such to bo the case, as there wore only fifty-eight left out of the original number shippod. Tho kegs produced in court ho recognised ns part of them by tho marks they bore. He stated that on tho 10th the Tambo schooner was lying alongside tho hulk Ruby, ahead of the Alma, tho distanco between the two vessels being about twenty yards. He had known the prisoner ns master of the Tambo for about ten days. — Philip Moore, master of the Alma, being sworn, stated that on the 11 th instant he met the prisoner in Mr Spence's storo, Revell-strcot, and that afier some conversation about tho lost butter, prisonor statod lie know whoro it waa, and when questioned said tho kegs woro on board his vorscl, stowed away undoi* tho jib, nnd this ho was awavo of from a conversation he had heard. Ho did not say what that was ov when ho had heard it. Witness then said thoy had bettor go down and got thorn, and, accompanied by prisouor, procoodod on board tho Tambo. On thoir way down Iho lattor romarked ho would rather go on bourd by himself, upon which witneßS re- • turnod to tho store. Shortly after ho loft to go on board tho Almn-, and on his way was called by a man who said ho w«3 wanted on board tho Tambo. Ho went on board and thoro saw tho prisoner iv tho forecastle, who, looking up, said — " Horo aro tho four kegs." Prisoner did not give any information as to how they camo there. i When thp butter was found on board tho Tambo, she had been removed from her origiual posi ion alongside the hulk to a point some two or threo hundred yards further down the river. MrKerley, the pilot, had given orders such should be done. Witness was of opinion it was the duty of the prisoner, on finding the butter on board his schooner, to have at once reported it to his owners.' — Charles O'Donnel, a sergeant of police, stated on oath, that during tho afternoon of the lllh January ho had on information received, boarded the Tambo, nud then in tho fore hold discovered four kegs of butter, and on examining tho marks, found them to correspond with the marks of kegs alleged to havo been stolen from the Alma. ' A fow minutes after, the prisoner came on board, and witness at once questioned him concerning tho butter, cautioning him not to criminate himsolf as he might have to arrest him. Prisoner declared ho knew not how the kegs got on board except from a conversation ho had heard tho previous night. lie did not explain what that was, nor mention any names. Witness left a constable, who was with him, in chargo of the butter and told him to look after, the men and then went on shore for a short time, nnd on his return found the prisoner had left. Went to tho Post Office Hotel, there found him, and at onco apprehended him. This being the case for the prosecution, tho prisonor on being asked if had anything to say, mado tho following statestatement; that on tho night of the 10th instant, between 11 and 12 o'clock, he, when just abreast of tho Diggers' Arms, on his way to the Tambo, saw two men ahead of him, and beard them say, - "We will go down and placo these four, and thon go back a-id look after tho other two." Witnoss then turned off, . and the men wont another way. Ou reaching the Tambo ho weht to bed, but had not been nsleop above two hours when ho was aroused by a noise either on boavd his vesel or the Ruby. He called one of the crew, named Connol, to sco what it was, who went on dock, and on his return said there was nothing Tno next morning ho saw a man promised him somo cargo., upon which be shifted bis vessel alongside tho Lapwing, cutter, afterwards going up to Mr Spence's store, where he met Captain Moore of the Alma, who complained of tho detention his vessel was suffering through some butter having been stolen from her, and which would necessitate his stayiug and giving cvi- 1 ■ douco. Moore also said two of tho disks had been found. Prisonov then said he'd bet ho know whoro tho others wero, nnd that they would be found on board tho Tambo. lie was' induced to think so from tho uoiso ho had heard last night, and proposed the vessel should bo searched. On going on board, and searching tho fore-hold, the four kogs of butter wero found thero. 110 had tho ket<s romoved on deck. His Worship considered tho caso should bo sent to a jury, nnd committed tho prisoner to tako his trial at tho Supreme Court now sit. ting.

John Breeze, a bellman, wns ,charged by W. H. Braokon, landlord of tho Que'onstown Hotel, with having, on Now Year's night, wilfully dostroyod property belonging to him. W 11. Braokon being sworn, deposed that on tho night in question a mob assembled round his door, and amidst hideous outcries demanded admission, which not being granted tho door was burst opon, and tho (irst poison who tumbled in headlong, being foiced forward by the pressure from bohind^was tho prisoner, with his bollin hand. The door was much injured, hoing indented with marks corresponding to those which 1 the edge of a bell would mako upon wood. lie,, tho witness, demanded of piisonen compensation fov the damage, which, being refused, resulted in tho present oharge. My Brftoken oajlod upon (witness >yljQ substantiated hi* Htiitotuoub,

Tho jirlsonbv, In ilofniiop, Hinted, that l»o w»t»

tho ciowf", took i\o active part in their prooed!?S S > save that lie endeavored to restrain them. He 1 nought forward two witnesses who gave immaterial evidence, quite failing in convin.-ing vj-he Bpiieli of the prisoner's innocence. ~ *Jusu s Worship, in giving judgment, decided pie w.1.4 guilty, and tlint tho riot in the street that night was most disgraceful. For the future he should take c.iro and put a stop to mich procecdiugs, as no season, however festive, warranted such disoiderly conduct. Ho should, therefore, inflict a fine of L 5 avid LI costs. This the dofendant at first objected to pay, luit on a warv.mt of committal being mado out, ho moderated Jus tone and paid the fine.