RESIDENT MAGISTRATE'S COURT.

West Coast Times, Issue 127, 13 February 1866, Page 2

RESIDENT MAGISTRATE'S COURT.

Monday, Femiuary 12. (Before G. G. FitzGerald, Esq, R.M.) DntrNK and Disorderly.— John Nolis, Garrett Byrnos, and William Ryan woro brought up on this charge, and each fined £1 : ov, in dofault, to bo imprisoned for fortyeight hours. . Destruction of Property.— William Ryan was charged with tho wilful destruction of property ,of the valuo of £3, but as tho case was not pressed, ho was discharged. Larceny.— Peter Gray was charged with stealing a hat, of tho valuo of 155., from the shop of Mossrs. M'Bcath and Co. John Flygor doposod that ho had charge of M' ( Beath and Oo.'s shop. On Saturday night, botwoon eight and nino o'clock, when looking round tho place, bo missed a hat that had been in tho front of tho shop in tho afternoon, and on looking into tho strcot saw the prisoner woaving tho hat in question, whoroupon witness sent Jj]\o shopman to bring tho prisoner to the shop. This was done, nnd ho then > acknowledged that ho had taken tho hat, but said ho bad done so in a lark. Tho witness identified the hat produced by tho private marks inside it. He had seen tho prisoner in the shop about three days beforo, but ho did not purchase anything.— Hugh Callaghan, the shopman to M'Beath and Co., said that betwoon eight and nino o'clock on Saturday evening ho was told by the previous witness to bring tho prisonor, whom ho pointed out standing in tho street, to the shop, and when ho went up to tho prisoner, ho Baid he had only taken tho hat in fun.— Sergeant Dixon deposed that ho took tho pvisonov into custody at Mr. M'Bcath's shop, when prisoner said he bad not takon tho hat with a felouious intent, and had Mr. M'Beath been at homo, tho charge would not have beon pressed.—Prisoner, in defenco, said that whilst standing at . tho door of the shop he took tho hat up and put it on, and then walked a littlo way up the street, but bo never intended to do anything wrong. Sentenced to fourteen days' imprisonment -with hard labour. Thh Poi/IOE v. W, Bea.— Tlio Police on the behalf of Messrs. Henderson and Bonar, preferred the charge- of obtaining a passage from Nelson to Hokitika without paying for the same against William Bea.— Frank Hill, steward on tho Gothenburg stated, that when , collecting the tickets from the passengers this morning the prisoner had not one to produce, and on being questioned stated that he bad not taken a ticket, because he had but five shillings, and he would trust to .the mercy of the Captain to let him go. Prisoner when! addressed by His Worship said, that ho had no money, having been siok and not able to work for some time, and he hoped he would be dealt leniently with. Sentenced to. seven days' imprisonment with hard labor. Obtaining Goops by means op a Vamjbmss Cheque. — Joseph Jackson was brought up on thie charge. -^-Charles Veitch deposed that ho was a butcher and restaurant keeper, and said the^risoner had been boarding,and lodging at his place for about a week previous to Friday the 9th instant. Three or four days after tho . prisoner's coming he shewed him a loiter, which he had received from tho Grey, stating that 41 ozs of gold were coming to his share, and would be sent down in a day or two. Witness would have gave him credit without having seen this letter because tho prisoner had stopped at , his place hofore,' and paid him. On Thursday last, in the evening, prisoner said the money amounting to Ll ßl, had come from the Grey, and was then in the Bank ; nnd offered to give a' cheque for what he owed witness, who told him the amount was L 3 15s Prisoner then wrote a ohequo for L 4, and said witness could give him credit for 6s. This took place at about six o'clock in the evening, in the restaurant. Witness did not examine the cheque until the next morning, when his wife gave it to him to pay into the bank, and he then saw that it was not properly filled in. He then asked prisoner to write another cheque, which request was complied with, he filling up the cheque* in witness's presence. Witness recognised the two cheques produced as being those written by the prisoner and given to him in payment of account. Prisoner then went out, saying he was going to meet a friend. The next time witness saw him he was in custody of the police. Witness presented the cheque at tho Bank of New Zealand at about half-past ten o'clock on Friday morning, and was told that the prisoner had no account there.' In reply to questions put by the prisoner to witness, the latter said he would nave trnsted him, had no cheque or promise of payment been given. — David Herbert Parsons deposed that h,e was ledgerkeoper at the Bank of x New Zealand. He remembered Friday last, , and knew that a cheque for L 4 was presented on that' day, payable to, Mr Charles Veitoh. The cheque was signed J. Jackson . He examined the books and could not find any account in favor of the drawer. He' endorsed the cheque,' 11 No account." The cheque produced in xjourt was tho sAtne he had endorsed.— Constable O'Brion said he arrested tho prisoner on Gibson's Quay at about five o'clock last Saturday afternoon, told him the charge, and gave the' usual -caution. Prisoners said he had given oheques to Smith and Veitch only, aud had • signed 'his own name to them.— The prisoner, on being asked by the Magistrate what he had to- v say, -stated, that the oheque was not uttered by^ .. him with a fraudulent intent. A friend from' the Grey had called and told him that some money would be down from there for him the next day, and lent him. aLI note. He had had ' too much liquor, and scarcely knew what he was about, and said Mr Smith and Mr Veitch would hnvo trusted him without receiving any cheque, so that he did n6t . &et anything on the strength ofigiving the cheque. — Tho prisoner was then committed for trial. Obstkuotino a Thoroughfare. — Phinoaa Solomon was summoned on this charge. — Constable Stokes deposed that he \vas on duty in ' Beach-street on Friday evening, and saw ' a quantity of straw and rubbish at thq hack-gate of the defendant's premises. There was a large heap of it, nud water was running from the fowl-houso. — The defendant stated that ns soon as ho was acquainted with the fact, he caused, tho inbbish to bo removed, and the man whoso work it was to keep the place clean, dismissed.--Tho Magistrate said he would inflict the lowest ftne > this time, namely, 10s, but in future would inflict a heavier one. Joseph Jackson was again brought up on a • charge of obtaining liquor by means of a valueless cheque.— T. B. Smith, hotelkegper, deposed that he knew the prisoner, and recollected his, ordering drinks to the amount of 25s ov 26s during tho two or three days before the Bth instant, when prisoner stated that ho had monoy coming to him from tho Grey, and said his mato would be down in a - day or two with it. He said ho had a good claim thore, but had beon sick latoly. On Thursday evening, when tho prisonor oalled for two orthreo more drinks, witness told his barman not to , trusty the prisoner any more. Shortly afterwards prisonor camo into tho parlor, whoro witness was Bitting with a lady and several gontlomen, and said, " Givo mo a bottlo of champagne" Tlio waiter attended to tho ordor, and prisonor said it was all right, but witness said ho must have the nionoy, as about L 2 5s was already duo, nnd ho could not allow tho account to bo inoroased, ' unless a choquo woro given for the amount duo. Prisoner said ho did not owe L 2 6s, and would" give a ohequo for L 2 only. Witness said, "All right." Prisoner then wrote out a ohoquo, and asked what dato ho should put to it. Witness told him tho Bth, which ho thought was then inserted. Tho next morning ho sent the cheque to tho bank, and it was returned as being post dated, boaring the dato of tho 28tH February, In roply to a question put by pvl«