RESIDENT MAGISTRATE COURT

Westport Times, Volume III, Issue 530, 15 July 1869, Page 2

RESIDENT MAGISTRATE COURT

(Before J. Giles Esq., E, M.) Tuesday, July 13. charge of bigamy. Thomas Braithwaite was brought up, on remand, charged with bigamy. Inspector Eranklyn asked for a further remand, to enable him to obtain witnesses. One witness was in Christchurch, and auother in Otago, and it was within the knowledge of The Bench that subpoenas had been issued for these wituesses. On these grounds he asked for a remand for eight days. The Magistrate : I know it is a case that requires time. (To the prisoner :) Have yon any remarks to make on the subject ? The prisoner: Nothing, your Worship. The prisoner was further remanded for eight clays. STEALING HAMS. John Davis was charged with stealing two hams, the property of Thomas Jones, proprietor of the Orawaiti Bridge Hotel. Thomas Jones: On the night of Sunday last, about 10 o'clock, there was a knock at the door. I opened it, when one of the men in my employment, Martin Stuart, who appeared to be in an excited state, entered, aud gave me certain information. I had four hams in a goods case standing in the yard behind my house. Yesterday morning, on examining the case, I missed two of the hams. Afterwards I saw one of the hams in my house, after it had been picked up" on the beach, and another I saw after it had been found in a rata tree. It was then cooked aud partly eaten. The uncooked ham produced I identify as, to the best of my belief, one of the lour belonging to me. The prisoner, who gave me the name of John Davis, had been in my employ, cutting firewood, for the last live or six days. By the prisoner: I saw none of the hams cither taken by you or in your possession.

By the Bench: The prisoner had been living in the stable. Martin Gr. Stuart: lam in the employment of Mr Jones, at the Orawaiti. The prisouer has been stopping along with me. On Sunday night the prisouer came to where we "were stopping. He came home about nine o'clock, saying that he had been in town. He commenced handling some salted beef, which I understood to be bad, and, on my saying so to him, he said lie knew where to get better, and went outside. On returning he brought with him a ham. He told me lie had got another, but that the do<r had " made a row;" that he left it on the beach; and that he could not find it. He said he got them at Mr Jones's. He told me to get up and search for the ham that he had lost, but I told him I would have nothing to do with it. He then told me to get up and cook the ham he had brought with him, but I refused. He then abused me violently, and threatened to punish me some time. I afterwards gave information of the circumstance to Mr Jones.

By the prisoner : I did not see you take the hams. I know you about twelve months, but I know nothing of your character. William Williams : I had a warrant yesterday to arrest the prisoner. I found him working in the bush. With Sergeant Neville, I searched the bush, and, close to where we arrested the prisoner, we found, in a

rata tree, a small bag which contained a ham, cooked and partly eaten. There was another bag with sixteen pounds of beef, and another hag with some beef in it. They were among long grass near the rata tree. Another ham was given to me has having heen found on the beach. The prisoner made no statement on his arrest, except that he knew nothing about the charge. Ebenezer Gothard : I am a butcher. I was lately employed by Mr Jones to kill two pigs, and to salt them down. I believe the;ham produced to be a part of one of the pigs. This was th'«! evidence for the prosecution. " The prisoneS : I went to Mr Jones's to work, having undertaken to "fall " an acre or two of bush. This man Stuart was living at Maloney's, and I took him with me, to eut some firewood. I went to town on Sunday, and did not return until nine in the evening. He stopped at home, and I know nothing of what may have happened during the day. Next morning, I got up, and got the tea ready. I asked him if there was any meat, and he said there was not. I went to Mr Jones's, get lGlbs of meat, and had my breakfast. I asked Stuart if he would have auy, but he said he would not, as, since he lost his money, he had felt queer in his head. I know neither good nor bad about the meat, a3 God is my judge. I never knew anything about the meat. I asked him for the bag which held the meat, and he said he had it in use. "When the police came to arrest me, it was produced. I never did any harm to this man in my life, and I assure you, your Worship, I know nothing about it. The Magistrate, who reserved his decision for a few hours, considered the prisoner guilty. To believe him innocent, he would have to believe that the witness Stuart was guilty both of perjury and of the theft itself. He sentenced the prisoner to three months' hard labor.