RESIDENT MAGISTRATE'S COURT,

West Coast Times, Issue 241, 30 June 1866, Page 2

RESIDENT MAGISTRATE'S COURT,

(Before G. G. F" itsJGerald, R ( M.)

Friday, June 29.

Assault.-— Martin Ryder, charged with assuaulting William Kinsella,attheWaimea township, on the 24th instant, was fined ss. A similar charge was brought by the prosecutor in the last case against Patrick Carey, who was fined £1, the magistrate being of opinion that Carey was tho originator of the disturbance.

Breach op Canterbury Police Ordinance. — John C. Adams was charged with obstructing the public thoroughfare in Revell-street on the 23th instant, by leaving an iron chimney in front of his houso. The defendant failed to appear, and was fined £1.

Larceny from a Dwelllng!,— James Burton was charged by John Duncan with stealing eight pounds in money, a policy of insurance, somo receipts for registered letters, a waterman's license, a second bill of exchange for ten pounds, and a deposit receipt for twenty pounds. Prosecutor, being sworn, said lie was a licensed waterman, residing on the South Spit. On Wednesday, the 27th, he met the prisoner about ten o'clock in the morning, standing outside a public-house door on the South Spit. Witness asked if he had had any breakfast, and on prisoner replying *♦ no," asked him up to his tent, where they breakfasted together. Witness remained about a hour in the tcntj with the prisoner, and then left him thero. On his return he found the prisoner still there, and noticed that his bed had been turned over. Ho saw this from the straw lying about. Witness then searched the bed in the presence of tho prisoner, and found that the articles mentioned in the charge had been removed. They previously were between the mattress and the stretcher. Witness asked prisoner if he had removed them, but he denied it and went away. Witness again searched the bed, assisted by another boatman, but found nothing. There was a large rug belonging to the prisoner in tho tent, and the prisoner himself was standing at the door. Witness took up the.rug ana and threw it to the prisoner, when some papers dropped out. They proVed to be the waterman's license, the second bill of exchange for ten pounds, and some receipts for registered letters. Witness then sent information to the police This morning (the 29th), on going into an old hut near his tent, to search for some firewood, witness moved a bag, and found the five-pound note, two one pound notes, two half-sovereigns, deposit receipt for L2O, nnd the letters addressed to himself, which were now produced. He identified them, with the exception of tho money, as a part of the property that ho charged the prisoner with stealing. He believed the money to be the same taken from his tent, but declined to swear to its identity. Constable Isaac Chapman proved the arrest of the prisoner, but gaye 1 no.evidenco in support of the charge. The prisoner was fully committed to tako his trial at the ensuing Criminal Sessions of the Supreme Court.

Larceny from tub Person.— Jane Sinclair was charged by Claus Japp with -stealing a ten pound note from him on the 26th instant, at her house in Revell-street. Mr Rees appeared for the prisoner. ClausJnpp sworn, stated that he was a carpenter residing on Gibson's Quay. On the evening of tho 26th instant, between nine and ten, ho and Frederick Reshein went to prisoner's house. The witness had then 0 ton pound note, numbered "0530," which he had received from William Ruhe, and had had it in his possession over three mouths. He had also a five pound note, a one pound note, a sovereign, and some silver. The witness paid away the five pound note for drinks to tho prisoner, and finally got drunk in her house. Cardplaying had been going on previously. The witness could remember, nothing after this, but next morning found himself at the Dunedin Bruce Hotel. On' looking for his money he found in his purse a £5 note, and in his pocket half-a-crown. In the afternoon witness went to prisoner's house and asked her what money he had paid her the previous night. Prisoner replied that witness gave her a £5 note, and she had returned him ono pound ten shillings change, adding he had tho ten-pound note on his person when he left her house. Witness then gave information to the police, and told them the number of the note. The note produced in Court was identified by witness. Cross-examined by Mr Rees : Witness admitted having been so drunk that any person might have taken hia purse from him without his knowledge. Witness was as unable to account for the presence of the five-pound note which he had given to the prisoner as for the absenco of the ten-pound note which ho had not. Frederick Risheiu, being duly sworn, said he was a miner, residing at Hokitika, and had accompanied Japp on the evening of the 26 th to the prisoner's house ; witness saw Japp pay the prisoner for some drinks with a note, which the prisoner went away \o change ; prisoner brought the change back with her, but did not give it to Japp. Japp afterwards lost a bottle of wine to the prisoner at cards, and on being asked for the money ho took out of his purse a five pound note, a ten pound note, and some silver ; paid to the prisoner a five pound note, and left the ten pound note laying on the table, but at witness' request, afterwards put it into his purae. Prisoner then asked him (Japp) to let her look at the purse, but he, declined and put it into his pocket. The prisoner not having returned to Japp the change for the five pound note, I desired him to ask for it, when prisoner said that Japp was going to sleep with her that night, and proposed that they should have another bottle of wine. The .witness shortly afterwards asked Japp if he was going home with him, and tola him to get his change, but the prisoner replied that he intended to remain there. Witness then left, and up to the time of his leaving prisoner had not returned to Japp the change from either of the notes he had given her. Witness saw her with the change in her hand, but she did not giye it to Japp. , Cross-examined by Mr Rees — Prosecutor was sufficiently sensible to give a reasonable answer when witness asked him to come home he replied, " he was going to sleep with the prisoner." The next day the witness advised Japp to ask the prisoner about .the money, and to give information to the police. Sergeant Dyer, sworn, said he went to the prisoner's house about 11 o'clock a.m., on tho 28th instant: she was then out but shortly afterwards returned. The Sergeant told her who' he wns, aud that a man had accused her of robbing him on the night of . the 27th, IJe also told her that he was ,

in search of three five pound notea. Prisoner threw down a" toll of notes on the table, and on the witnoas looking oref • them he found the ten pound note now produced, numbered "0580." He took charge of this note because the number was that given him. by Japp in his information to tho police. Witness had not seen Japp up to this time, he had obtained his information from Sergeant Hiclcson. The same evening Japp laid tho information against the prisoner, and the witness arrested her on a warrant. TheMagis** trate remarked that the prosecutor had evidently become so intoxicated as to render his evidence comparatively valueless, and discharged the prisoner. There were two small debt cases for scamens' wages of no interest or importance whatever, in which the plaintiffs were non-suited.

The court was adjourned until eleven o'clock this day.