RESIDENT MAGISTRATE'S COURT.

Westport Times, Volume II, Issue 279, 23 June 1868, Page 2

RESIDENT MAGISTRATE'S COURT.

Monday, June 22. (Before J. Giles, Esq., R.M.) DRUNK. John Wragge, forfeited his bail of £2,« for drunkenness. Eliza Fry, was charged with being drunk, and disorderly, and also with being an habitual drunkard. In defence, she said she only drank when her husband gave it her, and then when she had taken it he murdered her. Constable Neville, proved that the prisoner was given in charge by her husband, when she attacked him and a scuffle took place, when witness took her to the lockup. Constable Rooke, proved four previous convictions against the prisoner within seven months. The Magistrate, sentenced the prisoner to seven days imprisonment for habitual drunkenness, and £1 or 24 hours for the present offence. STEALING A BOTTLE OF BRANDY James Peacock, was charged with having at Addisons Flat, on the 20th inst. stolen a bottle of brandy, value 65., the property of John Duce. Sarah Duce, wife of prosecutor said —I reside at Addisons, and know th e prisoner who lives next door to me. On the afternoon of the 20th, I was in -my bedroom about half past two or three o'clock, when I heard some one come in at the back door I got up and looked through a hole in the calico to see who it was, I saw it was the prisoner, Dr Peacock, with a bottle of brandy in his hand, and he put it into his pocket. He took it from uuder the counter behind the bar. I know he did, because I saw him behind the bar, and saw his shadow through the calico. He then went out at the back-door and I followed him and asked him to give me the bottle of brandy back, and I would not say any thing about it if he did. He said he would not, and I told my husband when he came home from his work about 5 o'clock. There was a bottle of brandy missing; I know it was missing, because there was only one full bottle there and that was gone when I looked. I can identify the bottle for it was scratched in a particular manner. The bottle produced is the same. Ours is a private house. When he took the bottle I followed him in to his own place, and saw the bottle in his possession, in his blankets. He took a drink whilst I was there in the place. By the prisoner—l went to your place on Saturday. There was no female went to your house with me when I first asked you to give it me. Tou did not say that you had no brandy belonging to me ; you told me you would not pay me for it, and at the same tsme pulled out three half crowns and showed them to me. Tou did not say that if the brandy was mine you would pay me for it. We went a second time, Mrs Dillon and I, and you asked us to have a drink ; I did not take it, I poured it out and threw it away. I am not aware that Mrs Dillon brought you any brandy. I swear to tho bottle through the label being scratched. I may have seen other bottles scratched. By the bench —The bottle was got

in on Friday. It was bought of Mr Huxly, my husband went for it.

John Duce, husband of the previous witness, proved that after his wife had told him that Dr Peacock had taken a bottle of brandy he went to him himself and asked for it. The , doctor asked him to have a drink, which he refused, and demanded the bottle when he said •' witness wanted a good hiding. Witness then gave information to the police, and the prisoner was arrested.

By the bench—The bottle produced has the same brand on, but I cannet identify it.

By the prisoner—You did not say that you had no brandy belonging to me, you took out half a crown and showed it me, and I said I wanted no money, I only wanted the brandy. We do not sell grog ; the house ia closed, there are not many people in and out. My wife to my knowledge docs not sell grog. Constable G-oodall, proved that on the information of the prosecutor he had arrested prisoner on the charge of stealing a bottle of brandy. Witness told him the charge and searched the house, and found the bottle produced in the ashes of the fireplace. At the time he was arrested prisoner was under the influence of drink, and on being charged all he said, was, " well we will see about it."

Mrs Duee, recalled by the bench, said, that the prisoner was very drunk when she followed him into his house to get the brandy back again he used to come into their house, but. He had not been in for sbme time. He used to come in in ajfriendly way when they had a license, but he had not done so since the license ran out. If he did it was not more than once, and he did not have anything to drink. In defence, prisoner denied that he had taken the brandy at all. He showed brandy to the prosecutrix to show he had brandy, that Mrs Dillon had brought in, half-a-crown's worth. He had been fourteen years in the colony, and had never been accused of an offence of any description. Constable Neville who had been stationed at Addison's Flat, knew him for some time.

The Magistrate said that he had no doubt whatever as to the brandy being taken, for otherwise Mrs Dale must have committed wilful and corrupt perjury, and he had no reason whatever to think that such was the case. The only question for consideration was the circumstances. He was very sorry to find a person professing to have any connection with a learned profession in such a position as this, but that instead of palliating aggravated the matter. There was no reason to believe that the prisoner would have deliberately committed such a theft whilst in his sober senses, and in this case there were some circumstances that might be taken in mitigation. The larceny however had been clearly committed and the sentence of the court was, that the prisoner be sent to gaol for fourteen days with hard labour. CIVIL CASES. Powell and Co. v. Decy.—Adjourned till Friday. Alcorn and Co. v. S. Hamilton.—To recover £6 4s. goods supplied. Defendant admitted a portion of the account, but applied for an adjournment. This was refused, and a verdict given for the amount claimed.