RESIDENT MAGISTRATE COURT.

Westport Times, Volume III, Issue 454, 19 January 1869, Page 2

RESIDENT MAGISTRATE COURT.

Mokday, Jan. 18. (Before K. C. Eeid and S. Thorpe Esqra, J.P.) BOBBERY OP AMALGAM AT ADDISON'S FLAT. Stephen M'lntyre was charged with stealing from John M'Q-eehan, Addison's Plat, about 300 ounces of gold amalgam, of the value of £3OO, on the 12th of December last. Detective Lambert produced the depositions taken in the Court at Nelson, where the prisoner had been arrested, and stated that he had been brought by him to Westport on this charge. John M'Q-eehan: I am a miner residing at Addison's Flat. I recollect the 12th December last. I had 274 ounces of amalgam in my possession. It was kept in my house at Addison's. The amalgam be'onged to me and my mates. 1 always kept the amalgam. My mates trusted me with it. I always kept the key of my box. Prisoner was one of my mates at the time. He lived in a hut about fifty yards away. I don't remember the exact date. I missed the amalgam on Monday, December 14th. 1 went to the box, and found the amalgam was gone, but the box was still locked. After the robbery, M'lntyre sold his share in the claim to John Harney for £4O. If I had sold my share I would have asked £BO for it. He only received £25 of it in cash. I suspected another man of stealing the amalgam, and proceedings were taken against him. The prisoners came to town with me, and talked about our affairs aud the other man. He said he was going to Victoria, and that he had no money but what he had received for his share. He said he would see Mr Lambert about the affair, but I found that he had not done so. The value of the amalgam is about 21s. or 225. per ounce. The Bench : Do you wish to crossexamine the witness ?

The prisoner: No, your worships. I do not wish to cross-examine him. I reserve mv examination. By the Bench: The box, v/hen I went to it on Monday, was in the same state as when I left it. I got the key and the lock for it. I know of no other key. No one had any right of access to it but myself. ¥m. Baven: I reside at Addison's Flat, and am a mate of the last witness, M'G-eehan. He always had charge of our amalgam. I was in Westport on the 24th of December. On my way back to Addison's Flat I saw M'lntyre come out of the bush. He asked me it' I had been at "Westport, and I replied that I had. I said it was strange I had not seen him. He replied that he had kept out of the way on account of his creditors. By the Bench: The amalgam was never left in M'lntyre's possession. By the Prisoner: I have heard of M'Greehan being accused of giving the amalgam once to a shanty-keeper to keep when he was in town, and I think he confessed that he had done so. By Inspector Franklyn : It was a matter of indifference to me to whom he entrusted it. I held him responsible for it, as the man who was holding my property. Martin M'lnerney: I am a mate of M'Geehan's. He always kept the gold for our party. It was entrusted to him, except on one occasion when he was absent. He had about 274 ouuces in his possession in December last. I believe M'lnerney left the Flat oa. the night of the 24th, or next morning. Patrick Quinn: I am a miner residing at Charleston. I know the prisoner hy sight. I saw him on the 24th of last month. I saw him in the smelting office of the Bank of New •South Wales in Charleston He was there with gold. It is usual to go to the smelting office with amalgam, but I did "not notice the gold particularly. I think he must have had about a hundred ounces. He was in the office between seven and eight o'clock in the morning. When I speak of a hundred ounces, I refer to the size of the Tetort. I did not see the amalgam •in t"he retort. Hugh Jones: I am agent for the Bank of New South Wales at Charleston. About Cbr-istmaß time—l could

not swear to the day exactly —I saw the prisoner in the smelting house there. I know the number of the fivepound notes issued by me on December 24th. They were from 20,800 up to 21,000. They Were either Christchurch or Nelson notes, arid new. By the Bench : I could ntit say what quantity of gold the 'prisoner sold. I only rematttber having seen him iu the Bank within a week before Christmas. It is not our practice "to take the name 3 of miners selling gold. By Inspector Franklyn: The fivepound notes issued on the day before Christmas were not issued for sovereigns. George Charles Bowman: I am agent for the Union Bank of Australia at Charlestou. I cannot swear that I have seen the prisoner in the Bank within a month. I know the man's face, and I tliink I have seen him in the Bauk. I know the number of 500 £lO notes issued on the 24th December. They are from 2301 to 2350, of the Dunedin branch. Q is the distinguishing letter. None of them were issued in favor of a cheque, or in exchange for sovereigns. They must have beeu issued for bullion. Inspector Franklyn said that this concluded the evidence. It was chiefly circumstantial, but if their Worships would read the statements of the prisoner made at Nelson, they would find that a very strong case was made out. Iu rjply to the usual question, the prisoner, said he had nothing to say as to the charge or evidence, and he was committed for trial at the sitting of the District Court at Westport on the 9th of February. The prisoner asked that a sum of money in the hands of Detective Lambert, and belonging to him, should be delivered to him so that he might be able to engage counsel. The Clerk explained that the money would remain iu the hands of the Court, and the Judge would make an order for the purpose of counsel being employed. The prisoner complained that, by that arrangement, he would have no time to prepare his defence. He was not charged with stealing the money, and besides he had received £2B as part price of his share,, and it was available. The Bench considered that the matter was now in the hands of the higher court, and it was a matter in which au order should be made by that Court. CIVII CASES, Curtis v. Runga.—This was a case brought in the name ef the Superintendent against John Runga, of Charleston. It was an action for trespass resulting in injury to the plaintiffs property—a horse belonging to the Government. Mr Pitt appeared for the plaintiff. On the criminal side of the court a charge bad been brought agiinst the defendant, but had been dismissed at Mr Pitt's request, there being no evidence of felonious intent. But there was a wrongful act, and injury done. The defendant had gone into Simmer and Forder's stables at the S ..uth Spit, and taken a horse to proceed to Charleston. The horse taken belonged to the police, and had been put into Rimmer and Forder's stables to be ready for Mr Lowe, District Surveyor, who was going on a journey. Previously the horse had been turned out for an injury it received to its back. He rode the horse to Charleston, and it was there taken possession of by the police. It was alleged that the wound on his back had freshened, and that he was less fit for a journey. The defendant admitted the circumstances. He had taken the horse believing it to be one of Messrs Simmer and Forder's, and he called Mr Trimble to prove that the horse had been ridden slowly, and could not sustain any injury. It was admitted also that the horse had been ridden by one or two persons after it had been delivered to the police. The Bench considered that although the defendant was to blame in taking away the horse, the amount of damage claimed (£10) was excessive, and they gave a verdict for £5 and costs.