RESIDENT MAGISTRATE'S COURT.

Westport Times, Volume II, Issue 271, 13 June 1868, Page 2

RESIDENT MAGISTRATE'S COURT.

Saturday Mat G, 18G8. (Before J. Giles, Esq., R.M.) OBTAINING MONEY BY FALSE PRETENCES. T. W. Melville was charged with obtaining money by false pretences, from Alice Trafford, on the 27th of April last. Mr. W. Pitt appeared for the prosecution ; Mr. Campbell for the defence. Alice Trafford deposed : —I am the wife of John Trafford, and keep the Q.C.E. Hotel in Freeman Street. In April last prisoner transferred the licence of that house to me, and I took the house of him. He asked me £3 rent in the first instance, nothing was mentioned for goodwill, but I promised to pay him £2O for two months rent in advance, the terms being that all ground rent waa paid. Prisoner said that all ground rent was paid up, and that I should have no other expenses whatever. On that, the agreement produced was prepared, and I paid the £2O, and entered into possession. I carried on busineas till Wednesday last, the 13th instant., when the bailiffs came in to execute a distress warrant, for ground rent due by Mr Melville. I believe the amount was £37. They distrained upon my property, and they are in possession now. If I had been told that there was ground rent due I would not have thought of paying the =£2o. The statement that there was no ground rent due induced me to part with my money. By Mr Campbell : —I paid nothing for the goodwill or furniture. There was a little furniture in the house and it is there still and is seized by the bailiff. All kinds of drink belonging to me is seized, but I cannot tell how much. The value, if I sold it all would be about £3O. Ido not know the quantity, and I do not know its cost. Mr Melville said all ground rent was paid before I paid the money. Nobody else but Mr White was present at the time. Melville did not then or at any other time say he was acting as agent for it; he said he could let it or sell it as he liked. I have not enquired whether the claim was a correct claim or not. I have not been near him nor seen him since the bailiff has been in the place. Re-examined by Mr. Pitt: —l was to have possession of the house and furniture for three months for £3O, £2O of which I paid in advance. By the Bench : —I had the conversation with Melville about the ground rent on the day the agreement was signed; I asked him if the expenses were paid up, and he said they were. He mentioned the word ground rent.

Thomas White proved that he drew out the agreement between Melville and the prosecutrix. Witness asked Melville in her presence if the ground rent was paid up and he replied that every thing was paid up, and that there was not a penny due on the property. The agreement was then prepared and the money paid. By Mr Campbell: —l live close to the Q.C.E., and I was called by Mrs. Trafford to prepare this agreement, and see the arrangement. Mrs Trafford at that time made no enquiry of Melville as to the ground rent, but I did. The conversation took place in the front parlour of the Q.C.E. The licence was included in the bargain and had three months to run. I cannot say whether the licence was in Miller or Melville's name. I never thought the house was Miller's, though Melville said it \ belonged to Miller. I have heard him say so previous to the transaction. I have complained to the police about the shooting gallery put up by Melville. Melville is insolvent and owes me money. Re-examined by Mr Pitt: —Mrs. Trafford might have asked about the ground rent, without my hearing. B. Balmer, proved the execution of a lease, by Melville for ground at £6O per annum, payable quarterly in advance. Mr Tyler proved that the Q.C.E. Hotel, was erected on that ground and that on behalf of Mr Johnston, he had demanded rent due. On the 7th of April, notice was given that if the rent was not paid a distraint would be put in, and £5 was then paid on account, and about a fortnight after that another £5 on account of the rent. Both payments, were made in April. At that time £45 rent was due. In consequence of instructions received, witness put in an execution on the 3rd instant, for £35 arrears of rent.

By Mr Campbell:—l do not know of any bill of exchange, ever having been given for any portion of the rent. In defence, prisoner positively denied that ho ever said the ground rent was paid, in fact no one asked him.

Mr Campbell, submitted that there was 110 pretence proved "whatever, it was the prosecutrix, business to ascertain whether tho ground rent was paid, but in any caso it was the prisoner's property, or the property alleged to be prisoner's, that would suffer ; at the outside, it was merely a case to recover damages, if any injury occurred to the prosecutrix ; It was in any case a case of agency, the rent being owing by Miller, and not by prisoner ; ft bill of exchange had boon given by prisoner for a portion of the rent claimed and, and ho (Mr Campbell) submitted that the right of distraint was waived for that amount. He concluded by saying that there was no evidence shown to render this a criminal charge. The Magistrate had no doubt there was much difficulty in tho law of the • case, but thought that it came within the range of the law. He was not prepared to take the responsibility of 'discharging tho case, and he should therefore, commit the prisoner to take his trial at the ensuing District Court, bail to bo allowed, himself in £SO and ; two sureties in £25 each. Tho Court then adjourned.

Monday, Juke 8. (Before J. Giles, Esq., R.M.) PERSONATING A DETECTIVE. Edward Smyrk was charged with stealing a bottle of gin, and falsely representing himself as a detective. Mr Tyler appeared for the prisoner. James Mac Garrall said that about 2 o'clock on Sunday morning defendant came to his house knocked him up, and searched the house, taking away as he thought, at the time, a bottle of gin; subsequently he (prosecutor) found that the gin had not been taken away, but only moved from the place it was. " Prisoner said ho was a detective, and professed to be in search of somo one; and in doing so went into every room in the place but one which was locked. Witness gave information to the police, and the prisoner was arrested the same night at the Empire Hotel. In crossexamination by Mr Tyler, witness admitted that prisoner appeared the worse for liquor. Mr Tyler submitted that the offence had not been proved, for that prisoner had gained no benefit from the false pretence; the fact was, that he was the worse for liquor and was looking for a woman, and thinking she was there went into the house as described. There were eight witnesses in attendance to prove that prisoner was a respectable storekeeper at Mokihinui, and had a large sum of money in the bank; unfortunately on the night in question he had had too much to drink, but he had no improper object in making the pretence complained of. The Magistrate did not see enough in the evidence to justify conviction on the charge made. If prisoner had been charged with being unlawfully on the premises a different decision might have been come to, and under that charge prisoner had rendered himself liable to a twelve months' imprisonment as a rogue and vagabond. The cass was dismissed. UNLAWFULLY ON THE PREMISES. James Darmstadt, for being illegally on the premises of Messrs Parer and Arenas, was sent to gaol for one month. Jas. M'Naughten, for drunkenness, was fined 20s.

Tuesday, June 9, 18G8.. (Before J. Giles, Esq., E.M.) LARCENY. Charges Barice pleaded not guilty, to stealing a pair of boots of the value of seventeen and sixpence, the property of Smith and M'c Dowell. In mitigation of the offence prisoner said, he was drunk at the time and did not know what he was doing. As this was not the first offence and prisoner had recently undergone a sentence for another petty theft, he was sent to gaol for three months, with hard labor. VIOLENT ASSAULT. John Hunter was charged on the information of Nathan Abrahams for having assaulted, beaten and wounded Catherine Abrahams. Dr Worrall was called, and proved that complainant was so ill from the effects of the violence she had been subjected to that she could not leave her bed. The prisoner was then remanded for eight clays, to be brought up in the interim if complainant was well enough to attend. ABUSIVE LANGUAGE. Frances Patterson was charged with using abusive and threatening language to Francis Gribbin, on the sth instant. Mr Tyler appeared for '.the complainant. Complainant said he was manager ot a livery stable on the South Spit for wmmer and Forder. Defendant came

to the yard on Friday last whilst witness was saddling a horse. She was the worse tho liquor, and called him a by thief, a loafer, and a common stable-keeper, and said that she would have him put out of tho place. She said that ho owed her money, but he did not owo her a shilling. Ho gave no provocation to her whatever. In reply to defendant, complainant admitted that he had said that the food ho had had at her place was not worth paying for. Thomas Jolliffo corroborated the evidence of the complainant as to tho language used. In defence, defendant said that she went to ask complainant for money he owed her, when he abused her and called her everything. She denied in toio that she had used the language attributed to her. The Magistrate fined defendant 10s and costs. If another charge was made of the kind she would be bound over to keep the peace and have to find sureties for good behaviour. ASSAULT. Gustavo Brown was charged with unlawfully assaulting Grustave Hart on the Ist of June. Complainant said he and defendant were playing a game at cards when a quarrel arose, and the latter struck him in the face. A witness named Jacob Harris gave similar evidence to that of the previous witness. The Magistrate considered the caso a very trifling one, and fineel defendant 10s, complainant to pay his own costs.