RESIDENT MAGISTRATE'S COURT

West Coast Times, Issue 255, 17 July 1866, Page 3

RESIDENT MAGISTRATE'S COURT

(Before G-. G-. FitzG-erald, Esq., E.M.) Saturday, 14tii July.

Committing a Breach or the Peace. — Walter Lennox and Edward Walsh were both fined £1 for fighting in the streets, or in default 48 hours imprisonment with hard labor.

Breach or Police Ordinance. — Joshua Bartar, on remand from the 12th instant charged with assaulting the police, was sentenced to imprisonment with hard labor for one week.

Lahceny fhom a Dwelling. — Sampson Marks, Samuel Jacobs, and Lawrence Jacobs were charged with this offence. Mr Harvey appeared for the prisoners. Richard Dyer, Sergeant of Police, was called and deposed that he accompanied by Sergeants Hickson and Clements proceeded to the premises occupied by the prisoners, situate at the back of the Jockey Club Hotel, about 3 o'clock yesterday afternoon, and searched the premises Dy virtue of a search warraat now produced. On searching a box owned by the prisoner Lawrence Jacobs, he found the pin now produced in Court, which had since been identified by a person of the name of Mary O'Alalley as her pro • perty. On being called upon by the witness to account how the pin came into his poss - ession, Lawrence Jacobs replied that it belonged to his brother Sampson, who was sent for and informed the witness that he had purchased it that morning, but he did not know who from. Sampson Jacobs afterwards told the witness that he and a friend had been strolling on the beach, and that as they were walking up a right-of-way they both at the same time noticed the pin on the ground and rushed to pick it up, but his friend being first got possession of it. He further stated that he had subsequently bought the pin from his friend for five snillings. Cross-examined by Mr Harvey — The witness found the pin in a large clothes box, not exposed to view, but wrapped up in a piece of flannel. The witness on searching the house had found some other articles of jewelry ; but they did not corresp >nd with those described in the search warrant. Mary O'Malley sworn— stated she left her house in s,evell -street about three o'clock on the afternoon of the 7th, and went to the Post Office. She was away about three-quarters of an hour. On her return she took her dress off, and put her watch and chain which she had been wearing into the drawer of her looking-glass. The witness put on another dress, and went up to the chemist, three or four doors off, leaving the back and front doors of her house open. On her return she found the drawers in the looking-glass hod been drawn out, and the watch and chain, a gold pin, and three gold lockets, had beeu taken away. Witness also missed twentyfive shillings in silver, and some nuggets,, about twelve in number. The whole of the property was valued at from L 25 to L3O. The witness found a crown picco on the floor, close to the doorstep. There was no one left in the house in the witness' absence. On the discovery of the robbery information was at once given to the police. The pin, which the witness had had in her possession for the last six months,

was identified by her as her property, and the one stolen from her premises on the 7th instant. Cresfs-examined by Mr Harvey — Witness had worn the pin frequently, but was quite certain she had not got it on her person when she went to the Post Office. She identified the pair from the pattern. There were no marks whatever upon it by which she could identify it. Mr Broham here applied for a remand, to enable him to ascertain the owners of the other property found in the possession of the prisoners, and also to make further inquiries about the property that had been identified. Mr ' Harvey opposed the remand, on the ground that the witness O'Malley had not clearly identified the pin as her property ; and further, that the jewellery found in the possession of the prisoners was such as would be in the possession of men pursuing their calling, and raising the presumption that it was their property, as no evidence whatever was given relating to it. The Magistrate overruled the objection. Mr Harvey then applied that the prisoners Lawrence and Samuel Jacobsbe discharged, as they were in nd way connected with the charge. This application was refused, and the prisoners remanded until the 21st inst. We are informed that they have, since the [ rising of the Court, been admitted to bail — themselves in LIOO each, and two sureties in LSO each. CIVIL CASKS. In Hewitt and Shea v. Bartlett, which was heard yesterday and judgment reserved until to-day, the plaintiff obtained a judgment for £40 Is 6d and costs. Monday, July 16th, 1866. Drunkenness And Disorderly Conduct. — George Bald, John Brown, Stephen Roberts, and William Norton, charged with this offence were fined, the two former 5s for drunkenness and 15s for disorderly conduct, or in default 48 hours' imprisonment with hard labor. Tbe two latter being old offenders wert fined 5s for drunkenness and L 2 for disorderly conduct, or in default four days' imprisonment. Wilful Destruction of Government Property. — John Brown was fined Ll, and ordered to pay Ll 12s 6d for the damaged property, or in default four days' ! imprisonment. ' Breach of the Merchant Shipping Act. — Robert Prest and Banke Villenga, seamen on board the Lizzie Coleson, were brought up on a charge of refusing to obey the orders of the master of that vessel, John Dunn. It appeared they refused to go to work this morning until they had had their coffee, for which they were both sentenced to seven days' imprisonment with hard labor. Conspiracy to Murder. — William de Lacy, on remand from the 7th instant, was further remanded until the 25th, at the request of the police. Wilful Murder. — James Wilson, on remand from Greymouth, was also remanded until the 25th, at the request of the police. Larceny from the Person. — William Devoy was charged with this offence. Leah Marks, barmaid at the Melbourne Hotel, stated that the barman from the next hotel came in for change of a pound note yesterday evening. The witness seeing that a corner of the note was torn off, took it into a back room to shew it to her mistress, and as she was, handing it to her the prisoner snatched it from her and 1 put it in his pocket. The prisoner left ; the house about two hours afterwards, when the witness gave information to the police. Mr Worrall corroborated the last witness's evidence, and identified the note. Sergeant Slattery proved the arrest of the prisoner, and stated that when Mr Worrall asked him for the pound in his presence the prisoner denied all knowledge of it; but on the sergeant's accusing him of larceny, prisoner offered to • give up the pound. Devoy stated that he had only done it in a lark, aud that he was at the time under the influence of liquor. The prisoner was discharged with a caution. The Court adjourned until eleven o'clock to-morrow.