RESIDENT MAGISTRATE'S COURT.

Westport Times, Volume II, Issue 318, 7 August 1868, Page 2

RESIDENT MAGISTRATE'S COURT.

(Before J. Giles, Esq., E.M.) Thursday, Aua. 31. OBTAINING GOODS UNDEB EAESE PBETENCES.

Thomas Simms was brought up on remand on this charge. Mr Parker, of the firm of Parker and Garsides, said that he had chartered the Constant, when the prisoner was master of her. The charter was for £3O to fetch a cargo of beer from Brighton to Charleston, but prisoner took in cargo on ships account in the shape of a dray, This was a breach of the charter, and witness deducted the amount from the £3O. Witness, at prisoner's request, handed the money, less £3, the freight of the dray, to Cunningham and Taylor, as agents for the vessel. The cheque produced was the cheque witness gave to the above firm, and it was paid at the bank. In reply to prisoner, witness said he had seen him about Charleston for four or five months past. Mr H. S. Taylor, of the firm of Cunningham and Taylor, received £27 from the last witness' agent in December, which was paid on account of Simms for freight. Simms gave witness a written order to receive the money. At the time witness supposed Messrs Paul to be the owners of the Constant, but prisoner might have had a share in her for what he knew to the contrary. He had never acted as agent for Messrs Paul, but only as Simms' agent. Prisoner at the time owed their firm no money. The £27 was paid subsequently to the prisoner, and he produced the receipt dated the 27th of January. He did not remember having any conversation with the prisoner in relation to the charter when Beazley was present. He offered Beazley the £27 but he refused to take it, and prisoner and he and the prisoner had some conversation relative to £3. That was the only conversation witness had with Beazley, and on the latter going away, he said he should recover the whole amount from Parker and Garsides. Witness paid the £27 partly by cheque for £22 and the other £5 in cash, that he drawn a few days previously. This was after the conversation with Beazley. None of the £5 was got in goods, not a farthing. In reply to the bench, witness denied that Beazley had ever told him not to pay the £27 to prisoner. If he had done so witness did not remember anything of it. As he drew the money on prisoner's authority, he did not consider he had any right to pay it to any one else, Mr Paul or other persons.

He did not remember whether Beazley and prisoner left together on that occasion or not. By prisoner—l have seen you about Charleston since that time and till very lately. Constable Drury proved the arrest of the prisoner. The Magistrate said that there were two informations, but they were essentially the same. He had no hesitation in dismissing the case, and did not think that there was any ground, whatever for a criminal prosecution. There was no evidence of false or fraudulent representation whatevei, and he thought that Messrs Paul had acted much too hastily in giving prisouer iDto custody.. It would also have been far better if the police in this case had proceeded by information instead of summarily. The prisoner was discharged. Inspector Franklyn said that under the circumstances, whenaman of means like Mr Paul, gave another into custody the police had no option but to take him.

VIOLENT ASSAULT. James Darmstadt was charged with assaulting John Smith with intent to do him greivous bodily harm on the 4th inst., at Westport. The deposition of John Smith was put in, which had been taken on the previous day. Inspector Franklyn said that the injured man was seriously hurt and could not attend, and applied for a remand for a few days. A certificate from Dr. Thorpe was put in testifying to the injuries received by Smith, and that he was unable to attend. It added that though not in such imminent danger as on the previous day, Smith was in a very precarious state. James Wright, a labourer said—On the morning of the 4th of August about one o'clock, I was in company with a man named John Smith, who is now in the Westport hospital. We were coming out from a shed alongside Lumley's hotel where Smith and I lived. I had a hand-barrow with me and came out first, when I was struck across the face with a piece of wood and knocked down. I cannot positively swear who struck me for it came so suddenly on me, but when I got up Smith was lying on the ground, and a man was running away. I have known the prisoner for some five or six weeks, and was in his company the evening previous to the assault, but had no quarrel or dispute with him. We were drinking together. We never had any quarrel with him. On the following afternoon Smith was with me and we saw prisoner. Smith called him a vagabond, and said he would see him again for what he had done to him; I said nothing to him. Prisoner did not speak but walked on. We were just clear of the door when we were assaulted, and the night was bright moon-

light. I could not give any desription of' the person that assaulted us, it was so suddenly done, and I should not know him again if I saw him. Margaret Ashton who was living next to Lumley's, knew the prisoner some two months in Westport, and had known him on the Saltwater. On the night of the assault he was in the place but left about 8 o'clock*. At 1 o'clock Smith and Wright left the house, and she went out'first and saw the prisoner crouching down near the door. She had no doubt whatever it was him. After this she saw prisoner who had a batten in his hand strike Wright first and Smith after, and knocked both down with it. Smith lay on the ground some time and cried outdontkill me, ordontmur. der me or some words to that effect. Witness went away for two minutes to get assistance and on returning saw the prisones running away Smith at this time was standing up.

By the prisoner : —The two men went to their work, after the assault, and then went to bed. Smith l had nothing to drink the next morning. You had some money on the night previous, and we had some beer, but Smith was not present. Tou appeared to be worse for drink when you went way from our place. You were not assaulted on that evening bv Wright or Smith. By the Bench : —Smith complained of pain in"his side, when he got up in the morning. The prisoner at the request of Inspector Franklyn, was remanded for eight days. The prisoner said that he thoupht some medical evidence should be given before he was remanded, to show that Smith's illness was not occasioned through his having emptied a water closet that night, and not through the assault.

Ihaka Wanga pushed on to Wairoa, to Richardson's, and had arrived there on Saturday. Other volunteers are going from Napier, to the front. The Hauhaus are jammed in by the flooded rivers and cannot move freely. Nothing has been heard yet from Wairoa as to movements of Whittaore and Biggs.