RESIDENT MAGISTRATE COURT.

Westport Times, Volume V, Issue 800, 11 April 1871, Page 2

RESIDENT MAGISTRATE COURT.

Westpoet, Satuhday, April 8. (Before J. Giles, Esq.,E.M.) LAKCENY. Annie Fallahee was charged, upon tbe information of Morriss Conuell, with having stolen, from his person, one £lO note and three £1 notes, on Monday the 3rd instaut at Addison's Flat. The following evidence wastakeu : Morriss Conaell: I am a miner, residing at Addison's Flat, and I know the defendant, Annie Fallahee. Od the 3rd instant I received £23 for the sale of some gold, consisting of two £lO notes and three £1 notes. I changed one of the £lO notes and paid away some of the money, leaving £l4 12s in my possession. I went into the house of the defendant between 11 and 12 o'clock at night. At that time I had £l3 2s in the right-hand pocket of iny trousers —one £lO note and three £1 notes. In the left-hand pocket I had a £1 note and half a sovereign. I had a drink at the defendant's house and she had one, for which I paid her 2s. 1 then lay down on the bed and I belieu; that I went to sleep. Tn about ;;n hour I missed the money out of my right-hand trouser pocket, and I accused the defendant of robbing me. She said " leave my house," calling out as loudly as possible to me to do so. I refused to leave without my money, and isaid thai if she did not give it to me I ■would pull the house down about her. She said " 1 will not, I have not your money." She seized me by the shirt which she tore, and she also struck me on the forehead. 1 shoved her out at the door, and she fell over the step. I thfm went away with some parties who came up. There was nobody else in the house except the defendant's sou, a boy of about eight years of age. I went back to her next day and told her that she had better give me the money, as I had the number of the note. She then commenced to abuse me and I walked away. On Wednesday I was going into" Westport when I met the defendant. I again asked her for the money. All all she said was " I hope you will get your money." By the Ben*h: The note was on the Union Bauk to the best of my belief.

William Hardy: I am a butcher, at Addison's Flat. On Monday night, the 3rd instant, or early on Tuesday morning, I heard a great disturbance at defendant's house, which is near mine. She was calling out the name of the complainant very loudly. I believe the next time I saw the defendant was on Wednesday morning in front of my place. She was talking to a man, named Farrell. She wanted him to follow Dr Peacock as she had given him a £lO note, to get her some medicine. She promised bim £1 for doing so. Towards night, on the same day, I saw her again in front of Myles's store; there were several people there. I said to her " Did you not make a great mistake in giving him a £lO note? did you not think it was a £1 note ?" She said " JNo, I was aware of what it was," I heard her say to some of the people there that her little boy had found a £lO note.

By the Bench : I was told by a person, named Mrs Derew, that the prisoner had asked her to keep some money for her. John Earrell: The defendant came to me on Wednesday, the sth instant, and asked me if I had seen Dr Peacock. I told her he had gone away to town. She told me that she had given him a £lO note to get some medicines and some leeches. She said that she would give me a pound to fetch him back-. She only said that after I proposed it in joke. The police asked for a remand, to

obtain the evidence of Peacock, and the case was set down for hearing on Tuesday the 11th inst. ASSAULT. Morms Connell was charged, upon the information of Annie Fallnhee, with having violently assaulted her at Addison's on the night of Monday, the 3rd inst. The hearing of this case was also adjourned until Tuesday, the 11th instant. Monday, April 10. LAIICENY. Bartholemew Murphy appeared on remand, charged with stealing £2O from the dwelling-house of Sarah M'Cullough. The case had been postponed for the evidence of James Kennedy, who stated that he was fireman on board the steamer Charles Edward. He arrived at Westport about six o'clock on the evening of the 4th, went ashore, and returned aboard about 1030 p.m. The prisoner was aboard when he left, but not when he returned. The following day, a man came and said that his mate (the prisoner) wanted the witness. He went to Simon's and saw the prisoner there It was then between eight and nine o'clock in the morning. The man behind the bar said that he had got some money from the prisoner, and advised witness to take it from him, as he might get robbed. Witness asked the prisoner for the money, but he refused to give it up. Shortly afterwards, he gave him a £lO and a £5 note. The prisoner was very much the worse for liquor. Later in the day, witness heard that Murphy had robbed some woman of some money. He learnt where the girl was, and proceeded with the steward of the steamer to M'Farlane's Hotel. The prisoner was lying on a sofa there, very drunk. The steward took some notes out of the prisoner's vest pocket, and witness handed the steward £ls, which he had received from the prisoner the same morning. The steward gave the money to the prosecutrix. The prisoner cross-examined the witness as to character, and he stated that he had never before seen him intoxicated.

When asked if he had anything to state, the prisoner replied that he was utterly unconscious of all the circumstances, and could five no explanation of how the money had come into his possession. He believed that some treachery had been used in order to place the money in his possession. His Worship committed the prisoner ''or trial at the ensuing sitting of the Supreme Court, at Nelson. YAGEANCY. Elizabeth Fry was charged, under the Vagrant Act, with having been unlawfully by night on certain premises, belonging to Reuben Carne. Mr Pitt defended. Reuben Carne stated that he owned a house in Bright street, and, in consequence of certain information, he went to the property on Sunday evening, about seven o'clock, and found the defendant in a bunk inside the house. The property belonged to witness, and the house had been emptv for some time. He had not authorised the defendant to enter the house.

By tbe Bench: The house has only one outside door. There was a lock on the door, but there was no key. The defendant might have a key to the lock. Mr Pitt 'contended that the case must be dismissed as the statute expressed that the act of being on premises to be.illegal, must have taken place at night. The hours of night are defined to be from 9 p.m. to G a.m. The evidence showed that it was considerably before nine o'clock in the eveuing that the defendant had been found in the house. Apart from that, he should be able to prove that the ownership of the property was disputed, and his client claimed to be the owner. He thought the present mode, adopted to eject a rival claimant to property, was alike novel and ingenious. His Worship held that the inform ation must be dismissed, the alleged offence not having taken place by night. OBSCENE LANGUAGE. Elizabeth Pry was charged, upon the information of J. A. Maguire, with having used obscene language in Bright-street, on Sunday last. The evidence of the informant and of Mr Humphrey, a resident in the neighbourhood, having established the charge against ,the defendant, the Bench decided to inflict a full penalty. The prisoner was fined £lO and costs, or, in default, three months' imprisonment with hard labor.