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RESIDENT MAGISTRATE’S COURT., Ashburton Guardian, Volume 1, Issue 60, 12 February 1880
RESIDENT MAGISTRATE’S COURT.
ASHBURTON— Tuesday, Feb. 10. (Before Mr. F. Guinness, R.M.) DRUNK AND DISORDERLY. James Storey was charged with having been drunk and disorderly. Sergeant Pratt deponed ho found the accused drunk in Burnett street. Fined 10s. or 48 hours. Philip Parker for the same offence, and being an old offender, was also mulcted in 40s. or the usual imprisonment. James Anderson acknowledged his offence, and was fined 10s. and costs. Patrick M'Cormack, for the same offence had nothing to say, and got 10s. for it. , WIFE DESERTION. Thomas Dawson was charged with having deserted his wife at Palmerston, and was remanded there. LARCENY, James Stephens was charged with having stolen goods of over the value of L 25. Inspector Pender conducted the prosecution, and Mr. O’Reilly appeared for accused, -who pleaded not guilty. Henry C. Turner, sworn—l am a partner in the firm of Mitchell and Turner, storekeepers, of Ashburton. On Doc. 2nd I w; s at Mount Somei's, selling goods from my waggon. I stayed there for the night, and I slept in the waggon in front of the hotel. Before retiring, about 9 p.m., I saw prison- r in the hotel. There wore several in the room. Had spoken to him previously—near the waggon, in the house, and at several other places. Our conversation had reference to the goods I had for sale. I went to bed shortly after eleven, and I then missed a bundle of shirts, from four to six dozen of cotton shirts, a tin box of ladies’ collars, cuffs, and setts, kid gloves, and hair nets. The value of the goods I missed was L 26 10s. When I missed the goods the prisoner had disappeared. From the time I last saw prisoner till I missed the goods would he about two hours. When I. saw him lie had a horse and trap. When I missed the goods, his trap was tied up within a few feet of my waggon. On Feb. 3rd I went with Trooper Farmer to prisoner’s store at Alford Forest, and found first three shirts produced. I recognise them by the figures on them, which I made myself, and by the patterns. The other mark (the ss. 6d.) has been added since I lost them ; the second I can also swear to by the 5 under the mark ; the third I can’t swear to. The two shirts I recognise I saw in prisoner’s store in a bundle. The prisoner produced the bundle containing 23 shirts—l don’t know where he took them from—and he said, “ There are your shirts, and he was willing to pa}' for ail which were missing, and hoped we would not be too hard on him, and that these were all he hid in his possession.” I told him wo could do nothing ; the constable was not present then. Eleven of the shirts produced were made to order for our firm. (Mr. O’Reilly here applied to have this bundle marked, and his Worship ordered the bundle to be put on one side. Mr. O’Reilly objected, and wanted them marked, and a passage at arms took place between Bench and bar, on the question of criminal procedure.) The other eleven shirts are exactly similar to the others wc lost. Mr. Mitchell, my partner, was present when the shirts were handed over to me by prisoner. I left the shirts at the police camp the same night. The collars, cuffs, Ac., produced, I also recognise, and they wore handed over to me by Stephens on the same occasion, who said they were ours. I can identify some of them by marks made in plain figures with a peculiar pencil myself ; others I cannot positively swear to. I have never sol 1 prisoner any goods. Cross-examined by Mr. O Reilly—Our place of business is in Tancred street Ashburton, 25 miles from prisoner’s residence. Wc are hawkers and do business in the neighborhood of prisoner’s residence. Prisoner carries on a similar business to ours. Before prisoner started business there we wore doing a fair business. I don’t know what he did, there wore other hawkers and stores in the neighborhood doing drapery business. I did not feel annoyed at prisoner opening a store ; don’t recollect ever giving expression of ill feeling towards him. I don’t recollect saying anything as to taking s tops to prevent prisoner getting hail ; my memory is good in some things. I might have given expression to hostile feelings other than in the way of trade. I never heard prisoner’s reputation spoken of ; never heard anything against him as a business man. I have since heard that he had gooc credit. I knew prisoner casually before the 2nd December. After I missed the goods I gave information to the police. My reason for laying the information was because I heard prisoner was selling shirts. I got the information from my partner. Wm. Mitchell, sworn —I am a partner of the last witness. On the Sad inst. I went with him and Constable Farmer to Stephens’ store at Alford Forest. The constable had a search warrant. He went into the store first, and Turner and I went in together afterwards. Prisoner was there. We went in search of goods missing from our wagon. Constable Farmer told prisoner we wore in search of stolen goods, and if he had any in the place to give them up. Prisoner said “If you think I have, you can search for them.” We did search, and in the hack store my partner pulled three shirts out of a bundle. We then searched the front store, and saw nothing, Then prisoner called mo into the back store, and said—- “ I have a lot of yonr goods, and am perfectly willing to pay for them. ” He said he did not take them himself, and never had them all, and he would pay for the goods if wc would hush the thing up. I told him v/e could not do that, as he must see Sergeant Pratt. I called in my partner and the constable, and told them what accused had said. I asked him to fetch out the goods he had. He brought out two bundles of shuts, and I said that was not all. He then fetched another bundle. I asked him what about the collars, cuffs, and gloves. First he said ho had no more, but afterwards fetched them, and said that was all he had got left, as he had sold the remainder. Constable Farmer took possession of them and brought them to Ashburton. The goods in Court are the same. We mark our goods in plain figures. Two or three shirts in the bundle are marked with Turner’s mark, and I also identify them by the patterns and make. By Mr. O’Reilly—l first knew of the loss of the goods after Christmas. I was down South at the time of the loss. My partner put a notice up offering a reward for the goods. He told rue that the goods had been taken out of the wagon at Mount Somers.
R. F. Farmer, mounted constable, deponed—l accompanied Miteliell and Turner to Stephens’ house on February
with me. Wa searched the place for some time when Mitchell said he had found three shirts, belonging to him, and he asked the accused if he had any more. Accused then went into the shop, and brought out some brown paper parcels containing shirts. He brought out some cuffs and collars afterwards. He said he would pay for the missing goods. I brought the goods to the railway station, and those in Court are the same. The prisoner said he had bought the things from an old swagger*, whose name he did not know. By Mr. O’Reilly—At this time no illicit still had been found on the premises. Accused produced all the things except the three shirts from a loft. Mr. O’Reilly said the only evidence against the accused was the alleged statement said to have been made by accused himself, and it was evident that the objections of the accused to have a search made were in consequence of his having a private still on the premises, which he did not wish to be discovered. Accused had very crude ideas of business, and he would call evidence to that effect. He called Andrew Orr, merchant, Ashburton, who deponed that lie had known the prisoner for two years and five months. He had been dealing with witness’s firm continuously for that period. Knew him to have means. He paid us LIOO to his credit before having any goods at all, the greater portion of which lay to his credit for nearly two months. He dealt with us largely, and ho has been in our debt upwards of LSOO on occasions, and lias never had a bill dishonored. On the day he was remanded a bill was due by him for LI3S, which he paid. I don’t know of any small storekeeper who bought with greater caution. The class of goods in Court is quite common in the trade. I would, not like to swear to any marks I make on goods in plain figures ; the pencil marks are usual ones. By Inspector Pender—l never sent goods to prisoner by a swagmau. I can’t say whether we ever supplied goods of this class with any of the marks on the goods. All the goods are common in the trade. His Worship believing that a prima facie case existed against the prisoner, committed him for trial at the nest session of the Supremo Court. Bail would bo allowed, himself iu LIOO and two sureties of LSO each. THE ILLICIT STILL CASH. James Stephens, the same prisoner, pleaded guilty to having an illicit still on his premises. The still was found by Constable Farmer while searching Stephens’ premises at Mount Somers for stolen goods. Inspector Ponder said the still had evidently not been used for some time. Ho Worship said ha had no option, but to inflict a line, .and ho would inflict as mitigated a penalty as possible—viz., LSO and costs. BREACH OF THE LICENSING ACT. James Wallace, hotel-keeper, Chertsey, was charged with having sold lialf-a-pint of beer after hours. James Blunt, blacksmith’s apprentice at Chertsey, sworn, deponed—Was at defendant’s house on Jan. 24th up till ll o'clock p.m., and perhaps after. I couldn’t say what time I was turned out. I was told to go out by Mr. Wallace. Ho said it was closing up time. I went back about 10 minutes afterwards and got one bottle of beer and one of shandy gaff. Went in by the side door for that. Can’t say if the front door was open or closed. Went to the bar window, and we were served ,by Mr. Wallace, and paid him Is. for it. Tom Childs was with me. We took the beer outside. By Mr. Branson—We often go through the passage to get drink. Tom Childs, blacksmith’s boy at Chertsey, deponed—l know Mr. Wallace. I was at the hotel on Jan. 24th. Up till the time Mr, Wallace told us to go out, the former witness was with me. We went back to the hotel about a quarter of an hour afterwards—We went in through the door fronting the line. We got two pints of shandy gaff. Mr Wallace’s barman supplied it, and defendant was present. We paid sixpence cadi for it. Can’t say if the bar door was open. By Mr. Branson—lt may have been about half-past ten when Mr. Wallace turned us out. James Scarlett, farmer, Chertsey—-Was about Chertsey on the night of the 24tli inst. Don’t know what time I left. Hie door was not shut when I left. I remained about a good while, and had several liquors. I was there more than an hour after I left the house. Saw the last two witnesses about, but not in the hotel. Mr. Branson did not see that any defence was needed, as there was no proof of the time of the house being closed. James Wallace, defendant, sworn—l did not supply any liquor to any person on the night of the 24th January. The two boys obtained the shandy-gaff before 11 o’clock. By Sergeant Pratt—There was a largo crowd of people about, and I told them to leave. It was not 11 o’clock when I told them to go ; and I closed up the bar door. The boys returned about ton minutes afterwards. It was not then 11 o’clock. The drink was taken out of the house. The case was dismissed, Sergeant Pratt remarking that the boys had sworn altogether different to the statements they made to the. police, on the strength of which the charge was laid against Wallace. CIVIL CASES. Friedlancler Bros. v. M'Avoy.—Claim L3G 10s., for goods supplied. Judgment for amount claimed, with costs Ll 11s. UNPAID RATES. The Ashburton Council v. Macpherson. Mr. Crisp for plaintiffs. Claim L2 12s. for rates. Judgment for amount claimed, and costs. Same v. H. B. Johnstone.—Paid into court. Same v. R. Hodgson.—Ho appearance. Claim L2. Judgment for amount claimed, costs 55., and professional fee Ll Is. Stevenson v. Earle.—Claim, L 9 2s. The amount was paid into Court on Saturday, and accepted, but notice was not given by plaintiff of the acceptance till Court day, and defendant claimed costs, as the notice had not been given in time. After a long argument his Worship granted costs to defendant. Bartlett v. Andrews.—No appearance. Butler v. Conolly. —Claim L3G 95., on a dishonored promissory note. Miss Butler deponed that the note handed into Court was drawn by defendant. Judgment for amount and costs, with immediate execution.
RESIDENT MAGISTRATE’S COURT., Ashburton Guardian, Volume 1, Issue 60, 12 February 1880
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