RESIDENT MAGISTRATE'S COURT. Ngaruawahia, 24th November.

Waikato Times, Volume IV, Issue 241, 25 November 1873, Page 2

RESIDENT MAGISTRATE'S COURT. Ngaruawahia, 24th November.

(BEFOftH Vt. NNt. t BBAIUNCKP, ESQ., E M.) Maurice&Trac^v wifrf&un/^guilty of having uj proprinted two bottle o^gm^fftjirirthn t entral Hotel, lie was »entencodao 7 da« ftnplsoiririftnt. Janes yi(Z|)itricK waa brought up, charged with liaviv feloniafodv *tofen nnp -titty n awny timber to the value or JC3 16*6 I,' Mm -property of H. W. Hubort. Mr Lparv appcnrcd for tlio defence. 11. W. Hubert deprced : I b night the timber in question "from MoftVt, who is a bush contractor, on the 7th November. A.< Moffbtfc v*a leading that port of the bus'i, I toik delivery in the ero"k. A boy ramed G-oodwin took possession. I heard a few days after .yards that Fitzpitriek had taken half of the timber that he and mate had cut and handed over to Motfatt. I than gave information to Detective Doolan, who traced' the timber., I then took out a warrant. 11. Mutf itfc deposed : I was going away, and gave Hubert the timber. I cannot a wear that the timber F\i uitrick is cfoarg "1 with stealing is any portion of the timber. I "ettle.l with Fifzpatnck and his mate before I handed over the timber to H»ib.>rt. William Pool deposed to beine a sawyer and Fitzpntriek's mate. We *awed 1600 feet. -We had a kind of sutllement on a Monday morning. Motfatt a-ke 1 me to bnn^ it down tlio creek; FiUpatrick aud u l c did so. I did not see the prisoner take Mte timber. I was satisfied with the settlement. Fiizpat rick said nothing. By Mr Leary : I mean juit a rough settlement. We could put our bills in afterwards. By Hie Court: When we took the timber down we delivered it to Moflait. It «ns left i.i tho creek by his order . Willinm Goodwin deposed: lam a servant of Air Moffatt's. Fitz.mtnck came up the creek and said he wn» goiin: to take nway his share of the timber. Ia 1 vised him not to. Tuomas Adams also ndvi>ed him. George Edgecutnbp deposed to not having purc'tmsed tho timber. Detective Doolan warned me not to do so ; this was af er it wrts Unde lon tlie wiarf Fitzntnck toll me t lie timber belonged to him. He did not otter it for sale. 1 did not take charge of it. He said MoflUtt wns i \ his debt. I consider he had a hen on it till he wus settle I with. The royalty is still due tome. The prisoner can neither read nor write. Thomas Adams said he was in the hut when Moffntt c\me to settle with Poole, Fitz,mtnek, and others Fitz.mtnck neither airreed nor disagreed with the arrangement. I wu< present when Filz.jntrick took the timber away an 1 advu.-d him not to do co. Poole said concerning the settlement that ho was satisfied if hit mute (Fiizpatrlck) was. He never paid n word. By Mr Lfary : Wlien Fitzpatrick took tho ti-nber he was vat ler the worse for liquor. Mr L u ary in defence, urged that there was no foundation for the charge of felony, an 1 quoted authontie* to show that taking away <#n» not felony, when a man b-licved Hint the property was his. In this cisc Fitzpatriek had taken the timber in the belief that he was entitled to do so. His Worship eentenced the prisoner to two months' i-n-prisonment with hard labour, and reimuked thai he hoped the >-entence would he a warning to other buthmen. .^Alr Leary gave notice < f apnenl.