RESIDENT MAGISTRATE'S COURT.

Westport Times, Volume II, Issue 249, 19 May 1868, Page 2

RESIDENT MAGISTRATE'S COURT.

Monday, May 18. (Before J. Giles, Esq., R.M.) Chabge of Vagbancy.—A charge of vagrancy, preferred against a man named Lloyd was dismissed HIGHWAY BOBBERY. | Thomas Cain was charged on suspicion of attempting highway robbery on the 15th inst., on Edward Tomlins. A second charge charged him with vagrancy.

Edward Tomlins said—l am a stocks <driver, and remember the evening -of the 15th. On that evening I left the Caledonian about half-past five o'clock on and at the time it was dark. "When I got past Long's place, about three-quarters of a mile on this side, I met a man who stopped me. I ■could not tell what kind of man, nor could I see his figure, but I could see that he was a taller man thau myself. I could not swear whether he was the samp figure as the prisoner of not. On the man stopping me told me to deliver my money or my life, at the same time stepping to the horse's head. I then hit him with my whip, and when I was lifting my hand again he struck me with a knife in the arm. At the same time that he did se I stuck toy spurs in the horse, and got away from him. I never saw Cain since I saw him in irons. I did not see him at the Caledonian that day, and I have not spoken to him lately^ By the prisoner—When I met the tman it must have been near eight •o'clock, and it was about three miles •from the Caledonian. It took me ■about an hour to get there from the Caledonian. J. Burgess said—l know the prisoner by his stopping at my house on Thursday last. He told me on Friday morning that he Was going to the Caledonian and took his swag with him •about the middle of the day. Detective arrested the prisoner on Friday night in the street •of the Caledonian, and charged him with suspicion, of having this man. I told him that Tomlins had been stuck-up on the night before. He told me that he had arrived at the Caledonian between three and four •o'clock on the preceding day, and that it could not have been him, as he had not been away from there since he had arrived; Constable Brury was with me at the time. We slept at the Caledonian that night, and came down next morning. On searching the prisoner we found a knife, a small one>, =and an empty purse. The knife was a •pocket one with one blade. The magistrate said there was no 'evidence whatever to connect the prisoner with the attempted robbery, and •dismissed the information. The charge of vagrancy was then iproceeded with, Sergeant Williams proved that prisoner was sentenced to six months' imprisonment on a charge of larceny in July last. On the 25th of July prisoner escaped from gaol and Was recaptured on the 4th of August, and .got three months more. Witness mentioned the names of several men who had been prisoner's companions. He never knew Cain engaged in any lawful occupation. By the Bench —Prisoner had been in the Buller this time something she rt of a week. By the prisoner—l never knew you to be sawing. I knew you take a miner's right out at Charleston. Constable Rooke, formerly warder of the Hokitika gaol, was about to give evidence, when the magistrate remarked that these old offences could not be brought against prisoner. He had only been in the district for a week, and that was rather a shorter time than would induce him (the magistrate) to convict him as a vagrant. Inspector Franklyn would not offer any further evidence if this was his worship's opinion. The prisoner was, however a notorious thief and dangerous to be at large, and hence his arrest.

Prisoner said that he only landed on Wednesday, went to the Caledonian on Thursday, and got a job to cut firewood for Mr M'Farlane, the storekeeper, at the Caledonian. The magistrate remarked that old offences were not to be brought up against a man unless he committed something fresh. On that ground he should dismiss this case, but prisoner had better be careful whilst in the district, as the police would keep a sharp ©ye on him.

The prisoner was then discharged* CIVIL CASES.

Duffy v. Spring and Lord —Verdict by default for £25 14s, goods supplied.