RESIDENT MAGISTRATE'S COURT.

West Coast Times, Issue 260, 24 July 1866, Page 3

RESIDENT MAGISTRATE'S COURT.

(Before G-. Gh Fitzgerald, Esq., E.M.) Satcbdat, July 21. Labcint fkom a. Dwelling. — Sampson Jacobs, Samuel Jacobs, and Lawrence Jacobs, on remand from the 14th instant, were charged with stealing a gold pin, the property of Mary O'Malley, from her premises, in Revell street. Messrs Oakes, Button, and Harvey, appeared for the prisoners. Robert Nicholl sworn, deposed — that he was the master of the paddle-steamer Yarra, and knew the prosecutrix in this case (Mary O'Malley). Witness was in the prosecutrix's house on the same evening as the things were lost. He was there about two hours afterwards, and witness now identified the pin as one he had several times seen in the possession of the prosecutrix. He had seen Mrs O'Malley wearing the pin on the sixth of July, th« evening before it was missed ; in fact, he had seen the pin in the proßecutrix's possession for the last five months. Cross-examined Ly Mr Harvey— The witness identified the pin from the peculiarity of its make. This closed the case for the prosecution. On the application of Mr Harvey the prisoner, Samuel Jacobs, was discharged. The prisoner, Laurence Jacobs, was also discharged, on the application of Mr Button. Mr Harvey here

rose to address the Bench, and contended that there was no case against the prisoner Sampson Jacobs to send to a jury ; that the pin had not been identified by the proseruti ix tot by Captain Nichol by any particular mark' oh it, but merely by the pattern. The learned counsel then called Francis Hyam, who, on being sw^prn, deposed that as. he was walking up the rijriit. of way between the Club Hotel and Moffat'a, last Friday week, in company with the prisoner, he (witness) picked up a pin, when the prisoner immediately called out " halves." They then went into the Jockey Club Hotel,' where they showed it to several people in the room, amongst whom wero Laurence and Samuel Jacobs. Witness subsequently gold his interest in the pin to the prisoner for five shillings. The prisoner was here discharged. Larckny prom a Dwelling. — John Acheson Carr, George Chamberlain, and William Aldridge, on remand, were chargid with feloniously stealing, taking, and carrying away, on the 10th of May last, from the Police Camp, Hokitika, two ■ pairs of riding pant 9, one cross-belt and pouch, and four revolvers, the prope.ty of the Provincial Government < f Canterbury. The evidence of Edward Bridgman Boltou and Isaac Charles, two constables in the police force, were taken. It appeared that on the 10th of May last they were both in the gold escort from Ross, and on their return to the police camp, Hokitika, about half-past eight, they proceeded to their respective bedrooms and hung np their accoutrements, consisting of revolvers, cross-belts, &c. The witness Bolton on going into his bedroom about an hour afterwards, missed his sword-sling, which contained his revolver. Witness immediately went into the next room, where prisoner Carr (then a constable in the force) and another constable were sleeping, and enquired of them if they had removed his accoutrements. They both answered in the negative, and prisoner Carr advised the witness to give information at once to the Sergeant in charge. Witness was present when a pair of sword-slings were found in a swamp at the back of his bedroom. The witness t.vo or three days afterwards also missed a pair of ridingpants. Constable Charles left the barracks again about half an hour after his arrival from Ross, and on his return the following day missed from the peg where he had hung it up, in his bedroom, his revolver. The prisoners were then remanded for the production of further evidence, until Monday, the 30th instant, at the request of the police. The prisoner Chamberlain was also remanded until the 30th instant on a charge of perjury.