RESIDENT MAGISTRATE COURT.

Westport Times, Volume VI, Issue 924, 8 February 1872, Page 2

RESIDENT MAGISTRATE COURT.

o Tuesday, February. 6. 1 (Before Captain Baldwin, K.M.; s Thomas Quiulan, charged with c issault and robbery, was remanded. J> arvTL. cases. 1' Eafferty v. Hunter. This case was , igain adjourned pending the receipt >? the depositions of defendant's evidence taken at Dunedin, I Powell v. Zachariah. Summons -, enlarged for service. , M'Gill v. Pufflett. Claim for /, £ls lis sd. Judgment confessed. M'Gill v. Ball. Claim for £G 9s Id. l Judgment for the plaintiff by default j in the amount claimed, and costs. Brinckley v. Lavette. ' Claim for ! £4O, His "Worship stated that this ' case would have to be adjourned, as ? it could only be heard by a ma- ' gistrate having extended jurisdic- . tion within the Nelson South-west , Goldfields. The extended jurisdiction of magistrates in the colony could only be exercised in the districts to which such magistrates were appointed, and consequently he had no power to try ' the case. Adjourned accordingly until Tuesday next. Larson v. Nelson. Claim for £7 16s for wages. The evidence shewed that the plaintiff and defendant held an area for gold mining purposes jointly under miners' rights. The plaintiff had worked the ground, receiving under an agreement 30s per week for six months. Plaintiff worked other ten weeks on the samo terms, was paid for three weeks, and the action was brought to recover the balance due. The defendant admitted his liability for £1 10s, and denied that, after a given date in November, the plaintiff was working for him. It had been mutually agreed that the plaintiff should continue to work the ground until Christmas on his own account, and nfter that a new arrangement could be come to. His Worship was of opinion that the defendant had consented to continue to employ the plaintiff on the same terms as those upon which he had worked during the months of October and November, and gave judgment for the amount claimed and costs. "Wednesday, February 7. (Before Captain Baldwin, E.M., and S.Thorpe, Esq., J.P.) ROBBERY WITH VIOLENCE. Thomas Quinlan was charged, upon the information of Eeuben Waite, with assaulting him on the 27th ult., and stealing four ounces of gold, valued at £ls. . : Mr Bickerton Fisher defended. Eeuben Waite, storekeeper, Karamea, gave evidence that he knew the defendant, Thomas Quinlan. He recollected the 27th ult. About 8 p.m. on the evening of that day witness was on the beach between Wanganui and Karamea rivers, and was met by the defendant. He came up and asked witness where he had been; and witness replied that he had come from home, and was proceeding to Westport. He asked what witness was going to do with respect to certain goods, and was told that nothing could be done until witness had been to Westport. The goods referred to had been placed on board the Pioneer at Westport for the Karamea, and belonged to the defendant, and his party. Witness was the owner of the Pioneer. He told the prisoner that he had used every effort to get into the Karamea river with the vessel, but had been unable to do so. They were prevented by a heavy mist clouding the entrance at high water. It came on to blow, and they had to make the Big Eiver. Quinlan and party's goods were then on board. From the Big Eiver they took the vessel into the Anatori, They discharged cargo, and witness sold his own goods. Then attempted to come out. Witness described how the wreck took place. Left the goods belonging to the prisoner with a storekeeper named Moffat. Told the prisoner when he saw him what had taken place. He demanded the value of the goods, and witness said that he could not say anything about that then. Quinlan struck him in the face which knocked him down, and said that he would make him pay for the goods. He knelt on witness and held him by the throat, tried to bite his nose, and attempted other injuries. He threatened to murder witness if he did not give him the money value of the goods. Witness told him he would pay the money if permitted to pet up. Just after that M'Donald. a miner, came upon the beach, and began to abuse witness about some goods lie had on board the Pioneer. The three went into M'Donald's hut. Witness asked the defendant how much his claim was, and ho replied £ls. Witness

thereupou Woighed him out 1 ozs. of gold from a bag ho had, and asked the prisoner for a receipt, which he gave him. Ho tbeu left tho hut. and went away in tho direction of Waugauui. Tho receipt produced is the one referred to. Witness got tho receipt to show that tho gold had been obtained from him, for he intended to proceed criminally against tho prisoner. Ho would not have given up the gold but for tho violence and the threats used by the prisoner. By the Bench:. The freight upon tho coods belonging to prisoner had been paid. The prisoner had no instrument in his hand when he assaulted me. 1 felt convinced that I should be ill-used if I did not go to 'M'Donald's hut.

By Mr Fisher: The goodß were left

in Mr Moffat's store to be disposed of at the order of defendant. I sent a note to Quinlan and party. I passed one of his mates before I saw Quinlan. The man was picking pigeons, and I spoke to him. He asked if I had called at tho hut,; I replied 1 had just been to the hut. I do not recollect saying to Quinlan, " Oh, you aro one the party I had goods addressed for." He asked about the goods. I told him that I could do nothing until I had reported the wreck at the customs. He asked me to pay for the goods, and I replied that I would do nothing then. He said he would make me, and with ■that rushed at me and knocked me down. ' While he was on ine I promised that I would pay him. Going, to M'Donald's Quinlan said, "we 've missed the Irack, let us go back." He left me standing and went away twenty yards to strike the track. I then asked him if he'would go to Joe's. He objected to go there, the distance being about three miles. 1 spoke but little on my way to M'Donald's. I aaked M' Donald to witness the receipt for the payment of the gold. By Sergeant Kiely: M'Donald's attitude towards mo was also 'threatening.

William Stephenson, arresting constable, proved having executed the warrant. He did not find the prisoner at Karamea, but found him at Mokihinui on Sunday, the 4th instant; arrested him, reading the warrant to him. He stated that the charge was false, and that he was coming to Westport to defend the case. By the Bench: I cautioned him in tho usual way.

Henry Moffat, storekeeper, Anatori, recollected the wreck of the Pioneer. A lot of goods, consisting of flour, sugar, and sundry packages, were stored by Waite. By tho Bench : Mr Waite said that be had goods belonging to some men on tho Karamea beach, and would I allow them to remain in my store. The f;uodo wnra nnt purchased by me. Nothing was said about purchasing them. The Anatori is forty or fifty miles from the Karamea.

By Mr Fisher: The vessel's hold was not full of water when the vessel came ashore.

The prisoner having been called upon for his statement, said as follows: —Reuben Waite sent word that he was going to call at my hut on his way to Westport in respect to the goods short delivered. He did not call. A person came and told me he was going past, and asked me whether I had seen bim. I replied not, and remarked that it was.a strange thing he did not call in as he promised. I asked if he had long gone past. He replied that 1 could catch Waite up if I were smart. I then followed Waite. When I met him he said, " Is that you, good night, how do you do." I said that he should have no difficulty in recognising me, as he knew me as well as any one on the beach. I asked him what he intended doing with our things ; and if he gave me the value, he might have them without further trouble. I saul " You know well our position, we cannot afford to lose them." He replied " nonsense, I can do nothing until 1 have reported the wreck at Westport." I said the wreck had nothing to do with us, being another affair. High words ensued, and Waite and I then got to blows. Hs then said, "if that is the way of it, I will settie with you." He had a parcel and he threw it on one side, and said " I wish I could settle with all my friends in Westport like that, I would soon pay them" He afterwards said, " Let us knock it off, and I will go down to the hut and pay you." I replied " All right, that is all we want." "We then missed the track and passed M'Donald's hut. The prisoner described all that followed until reaching M'Donald's hut. Arriving there, Waite asked for pen, ink, aud paper, and asked me for the bills. I told him I had none, but the amount was £ls. He said you had better say now %vhat it is, as you will get no more. I replied that he need have no fear, as we should never trouble him. He opened a chamois-leather bag, weighed out four ounces of gold, and passed it along to me. He said to M'Donald, " mind you are a witness to the payment of the goods." I attched my mark to the receipt, aud M'Donald witnessed it. Mr Fisher then addressed the Court for the defence, He contended that the case was one which eould be summarily dealt with as an assault. There was evidence that there had been an assault in consequence .of Waite refusing to pay what Quinlan considered to be a perfectly legal demand. They hrd words upon the matter, and it led lo blows. Waite was worsted in the encounter, and said, " Let us cease this, and I will pay you." They then went together to M'Donald's hut, and Waite paid for the goods in gold,

taking a receipt for the payment,, and ] calling M'Donald aa a witness to tho i same. If thero had been any constraining force used, how was it that Waito did not appeal to M'Donald, ' who would have been in duty, and out of safety to himself,; bound to have protected Waite. . But he did nothing of tho kind, and never even comnlaiiicd to M'Donald of having received any ill-usage or unfair treatment. The present cctiou on tho part of Waite was onlv au afterthought, and done purely from spiteful and vindictive motive?. He trusted that tho Beueh would think fit to treat the matter summarily as an ordinary assault. To his mind there waa no doubt that such was the proper course. Alexander M'Donald: I am generally called Tom M'Donald . I heard the evidence given by Waite. I recollect meetiug Quintan and Waite near my hut one evening in January last. Waito said that ho was looking for my track. He asked for some gold scales to weigh some gold. . lie seemed jovial, aud followed me to the hut. Arrived there, he got the gold scales, uid pen, ink, aud paper. Ho weighed ?ut four ounces of gold, wrote out a receipt for it, which I witnessed, and Quiulan attached his mark. He said ihat he wanted the receipt to show to 3titt when be came to town. When and Waite came in they were joth marked. I asked about my thirts that were in the craft, aud iffered to take goods, out of the Karanea store. He said he would settle it mother time, and offered .to sell a pig.. Juiulan said that if bo.hadsold all the ;ocds at the Auatori and brought the noney back there would have been no >ot!ior about it.

By Sergeant Kiely: My hut is 40 yards from tho beach. It was about three-quarter, flood when Waite and Quinlan came to the hut. It is 400 or 500 yards from low water mark to high water mark. I heard no cries on the beach. We knock off work about seven o'clock.

After adjourning the Court for a quarter of an hour for the Magistrates to consider their decision, they gave judgment as follows: —They considered that the evidence was insufficient to warrant the committal of the accused on a charge of robbery. But it had been proved and admitted that an assault had been committed, and the Bench hacLthought fit to concur in the views of the counsel for the accused, and had decided to deal with the case summarily. Desirous of marking their strong disapprobation of assaults of such a character, the Bench inflicted a fine of £5, or in default seven days' imprisonment. The Court then adjourned.