RESIDENT MAGISTRATES' COURT, WESTPORT.

Westport Times, Volume II, Issue 209, 1 April 1868, Page 2

RESIDENT MAGISTRATES' COURT, WESTPORT.

(Before J. Giles, Esq., M.D., R.M.) Tuesday, Mabch 31. embezzlement. Win. Henry Tyler was brought up in custody, remanded from Friday, charged by John Duff with embezzling certain monies on the 21st March from John Duff. The prisoner pleaded not guilty. John Duff, deposed—l am a produce merchant residing at "Westport. The prisoner has been in my employ as a servant. I engaged him about three weeks ago at a salary of £2 per week and found. On 20th March I entrusted him with 114 dozen eggs, of the value of £l4< ss. I told him that unless he sold the eggs on the Caledonian Terrace he was to return to town, as I wished to go to Pox's. I next saw him four days afterwards. I demanded the amount of the sale of the eggs

from him, when he said "he had no money, as he had spent it," and could give me no account of it. I know prisoner's handwriting, and I identify the receipt produced as his. I gave him in charge a few hours after the beftxre-mentioned conversation occurred.

By Prisoner —When I saw you after you had sold the eggs, and asked you for the monoy, you were very drunk. I searched your pockets, and they were empty. I found no money. By the Court—l had no other con* versation with prisoner. I do not know of my own knowledge that he sold the eggs. The cases were empty. Bobert publican and storekeeper residing at the Caledonian Terrace, (tyn the 21st March prisoner sold me some eggs at 2s Gd per dozen, and gave me a receipt for the payment ot the money. Th# receipt produced is the one given me. The amount is £2 15s. I did not ask prisoner on whose account he sold the eggs. Joseph Kelly deposed—l am a storekeeper, residing at the Caledonian Terrace. On the 21st March, I saw the prisoner, and purchased 19 dozen of eggs from him. I paid him at the rate of 2s 9d per dozen, and he gave me a receipt. The receipt produced I identify as the one he gave me. He did not state to whom the eg~s belonged. John Braithwaite, a storekeeper, residing at the Caledonian Terrace. I know the prisoner. On the 21st March, I purchased some eggs from him. I paid him 2s 6d per doz. He gave me a receipt for the money £2 16s 3d. The receipt produced is the one he gave me. He stated that he was on wages, selling the eggs for some one else. John Lambert, a detective, in the Nelson G-oldfields Police Force,deposed —I arrested the prisoner at the Caledonian Terrace on the 25th instant, on a charge of embezzlement. I cautioned him in the usual way. He said he was sorry for spending the money he had received for the eggs, but he would work it out with Mr Duff, if he woull allow him.

By the Court—He admitted, on my taking him, that he had spent the money. On the road down, he said he had lost one £5 note out of his pocket, but had spent the remainder. He had no eggs in his charge when I took him. He was not quite sober at the time. The prisoner in defence, fstated that when prosecutor and detective Lambert came to the Caledonian, they were shewn into the room where I was lying down. The detective told Duff to look after me until he came back, and not let me have any more drink, during his absence. Duff took my hand out of my left hand trousers pocket, where I kept the money, and took all the money I had out of it, the amount of which I do not know; I was just beginning to recover from drunkenness, he then kicked me in the ribs, and pulled my hair. The Magistrate stated that the evidence was quite clear, that prisoner had spent the and he therefore committed him to take his trial at the next criminal sittings of the District Court.

BREACH OF THE LICENSING ORDINANCE

Mrs M'Culloch was charged for keeping for sale, and selling certain spirituous liquors, without being duly licensed under the act.

Detective Lambert deposed—On the 25th March, I went round to several houses, and amongst others, to Mrs M'Culloch's. The door was open at the time, and five or six people were inside. A bottle of gin was on table, and several porter bottles ; also, a case of porter on the ground half full. I asked Mrs M'Culloch if she had a business license—she said she had. I asked her if she had a publican's license. She said she had not. 1 told her if she would pay for a license, it should be forwarded to her the same as the other resident publicans. I seized the liquor and told her I should summons her. By defendant—The gin appeared to be exposed for sale. The men in the house were drinking. ... Joseph Henry William sworn—l am a publican residing at the Caledonian. I have seen Mrs M'Culloch, and have known her as living there for the last three weeks. She lives nearly opposite my hotel. The defendant goes by the name of " Mother Hawkins," and appears to be the owner of the house. Constable Pringle deposed—l know the defendant. I went into her premises whilst they were building. She could not show me a business license then. The defendant stated that—On the 14th of March she owned the house, she had since sold it to a digger—Henry Timm. The place was being built at the time, and told her to supply the carpenters with liquor, when they wanted it; it was for the purpose of "wetting the roof," a practice the carpenters said, was usual, that I bought

the gin. The carpenters were drinking part of this gin when Detective Lambert 'came in. The defendant said there was no porter in the house. The case contained staaw with which to make a mattrass.

"William Todd, a carpenter on the '€aledonian, stated that the gin in the house was for the purpose of "wetting the roof." I paid for none of it, neither did I see any oneelae do so. By Inspector Franklyn. —I was enfaged by Mrs M'Oulloch to put up the ouse. I have never seen any'drink Bold in her house. I do not know whether any one else fives in the house besides Mrs M'Culloch.

Henry Timm, deposed —1 have never seen defendant selling drink. By the Inspector-—The house in •which Mrs M'Oulloch lives belongs to me. I bought it off her on the 14th March for £2O. I gave defendant money to purchase one bottle of gin for the carpenters. She may have supplied them with more, which I shall ultimately have to pay for. The Magistrate said there was not sufficient evidence in this case to sustain a conviction. If the offence had been proved he should have inflicted the highest penalty allowed by law, as •great complaints had reached him from the Caledonian relative to sly grog ■selling. He, therefore, dismissed the case. BURGLARY. -Robert Stevenson, quite a youth, was 'charged, that he did on the night of the 27th March, at 11 o'clock, break •open and enter the dwelling-house of Robert Millen, and did feloniously and burglariously take away four £5 notes and five £1 notes. Detective Lambert, deposed —I am a detective in the Nelson Goldfields Police Force. I arrested him at 11 o'clock of the morning of the 30th instant, on the above charge. _ The night before I met the prisoner in the street, and asked him to account to me for some money he had been spending. He accounted for £3 3s or £3 4s, including 7s that was then in his possession. He told me he had kept this money out of £4 that Mr Millen had paid him some time before, and that he had kept it for the purpose of going «to Hokitika; at the same time he told Tne that the 7s then in his possession was the only money he possessed. Mr Millen was with me during the time this conversation took place. I made Bome remark to prisoner about his so foolishly spending so much money in one night. He then went away. On Monday morning when I arrested him I cautioned him in the usual manner, and in Mr Millen's presence asked him whether anyone had been lending him any money since I had seen him before. He said —no, and took 6s 6d =out of his pocket, and said this was part of the money he had in possession when I had met him before. I searched him and found in a watch-pocket in his vest two half sovereigns, and on my asking him to account for the possession of this money, he made no remark.

By the Prisoner —The conversation I had with you was exactly as I have given it. I remember no other remark of yours. The Magistrate remanded prisoner until Friday next, to enable further evidence to be got together, allowing bail—prisoner in £6O, and two sureties of £3O each.

G. CIAItKE V. G. NICHOLAS. Plaintiff sued defendant (for whom Mr Pitt appeared), for the value of certain goods supplied to Crawford, late a publican on the Caledonian Terrace, which goods were got by Crawford for the firm of Crawford and Nicholls.

The defendant, Ot. Mcholls, denied any partnership transactions with Crawford, and was no party to the goods having been got from Clarke. By the Court —Crawford was not in my house at the time these goods were delivered. They were sent over to Corr's to be packed up with other goods. Mr Kynnesley remarked that plaintiff had not proved his case, but he would grant a nonsuit if plaintiff could produce further evidence, as he thought it was a case that should be brought on again. HASKINS V. M'CARTHY.

This was a claim for three empty hhds. taken by defendant from Jones' Hotel, and for which plaintiff had not received payment. The defendant admitted having received one cask from Dando belonging to plaintiff, but proved purchasing the other two of Jones' representative.

The Magistrate gave judgment for amount claimed and costs.

The Court was occupied for some time longer in several civil cases, but want of space will not permit of our reporting them. The Court was adjourned until 10 a.m. this day.