RESIDENT MAGISTRATE’S COURT.
(Before His Worship the Mayor and C. P. Cox, Esq.) William Madden appeared in answer to a charge of having stolen money to the amount of L 5, on the 28th June, from Henry Cross. Henry Cross, sworn, said—l am a laborer, living at Ashburton Forks. Remember 28th of June last, when I was in company with the accused at the Alford Forest .Hotel. We left the hotel between ten and eleven o’clock at night. I had L 7 in my pocket-book. We then went to Mr. Wm. Ravers, at Alford Forest. On arriving there, I immediately wentjo bed. We both slept in the same bed. I took off my trousers and put them across the bunk, with the purse in the pocket. Prisoner was not sober, but I was. I was awoke during the night by Madden making a noise ; but I went to sleep again. Both of us awoke at daylight. Madden made the remark that he felt bad,, and would ike a drop of drink ; I suggested sending for some. He said ‘ ‘ all right. ” I went to get the money from my pocket, and took out the pocket-book. On opening the book 1 found two single notes placed within the leaves. I exclaimed, “ Good God, someone has taken my money.” The reason I said this, was because the money was not where I had left the L 7 the night previous. FNe pounds had gone from the book. When I made the above remark, prisoner said “ Nonsense,” and suggested that I had mislaid the notes. He helped me to look for them, and asked me if I know the number of the notes. Prisoner said ‘ ‘ never mind ; say nothing about it, you will be as well off as those who have got it.” I then gave him a Ll-note to get a gallon of beer. Madden went for the beer, but did not return until Wednesday night : this was on Tuesday morning. He came back on Wednesday night, but was not let in, because he was abusive. Saw accused the following morning ; watched him leave the premises, and_ he went towards the Alford Forest Hotel. He returned on Friday evening, and went to bed ill. He appeared to have the “ horrors.” On the Saturday week following accused Madden of taking the money from my pocket-book. He said, “ Don’t give me in charge ; it won’t mend matters ; but if you let me be put over the river, I’ll be no more trouble to you.” By accused —We brought some beer home on the evening of the 28th June. By the Bench—. When the accused did not return from going for the beer, I did not take any steps to find out where the accused was. The next time I saw him was on the Friday night, and did not say anything to him about the money until a week after. The beer we took homo was about a quart, and was left <m the table when we went to bed, but was gone in the morning. Prisoner spoke to mo during the night, and asked me if I would have a drink of beer, but I declined. Prisoner knew I had the money in my pocket. William Bayers, sworn, said—l am a laborer, residing at Alford Forest. Have known Madden and Cross for some time. Madden has made my place his home for years, off and on. Remember the two men coming to my house one night in June last, about ten or eleven o’clock. Heard Cross send Madden for drink. Prisoner had been staying with me for about five weeks this last time, and never saw any money in his possession. Madden was staying with me because he was out of work. After accused had gone for the beer, I saw my wife find some notes in a box under the bunk where prisoner and Cross had been sleeping. When Madden came back he was very ill, and remained at the house until arrested. He was not fit to be moved.
By the Bench —The box where the money was found belonged to us, but the notes were not ours.
Hannah Rayers, sworn, gave evidence to finding two LI notes in a box containing old newspapers, which was under the bunk where prisoner slept. They were just on the top of the box. I let them remain there ; we called Cross in, and he gave them to me to take care of for him.
Alfred Allfrey, sworn —I am a blacksmith, living at Alford Forest. Know prisoner, and remember 29th June. He came to my shop between nine and ten o’clock in the morning. He took four LI notes out of his pocket. He offered me LI, and asked me to take care of it for him. I took the note from him. He came back the following day, and asked for the price of a drink. I lent him a shilling. He afterwards asked for the loan of half-a-crown, and I returned him the LI he had left in my possession.
John Tisch, sworn, said —I am an hotel keeper at Alford Forest. On the night of the 28th June, prisoner and Henry Cross •were in my house drinking together. Cross had some money ; sa w him change a cheque for L 3. Madden had no money; I had refused him drinks the same day because he had no money to pay for them. The two men left in company about eleven o'clock. The next morning-Madden was at the bar door when I opened it. He was in company with Henry Gunderson, and accused told Gunderson he had owed him 2s. for a long time and would now pay him. He changed a LI note at the bar. Accused was at my hotel for two or three days. On the morning of the 28th June, I heard prisoner try to borrow money. He had not been doing any work, to my knowledge. By prisoner—lt was the morning of the 28th June, when you asked for drinks, and 1 refused you. Constable Gaffney, sworn—l arrested prisoner at Alford Forest on the 18th July, at the house of William Rayers. Told him he was charged with stealing L 5 from Henry Cross. He said, “ I suppose so ; all’s right; remove me from here in the morning. I suppose ten years’ is the extent of what you’ll give me. It will be a caution to me while I live.” I said, •‘What will, Madden?” He replied, “ Drink and robbery.” This closed the case for the prosecution, and after being cautioned, accused said he had nothing whatever to say, and was sentenced to six months’ imprisonment with hard labor. CIVIL CASES. Markham v. Turton. Claim L 3 3s. 4d:, balance of account due. Judgment by default, with costs 12s. f the amount to be paid at the rate of LI per month. Little v. Murphy.—Claim, LIG 14s. 6d. Mr. Branson for plaintiff, Mr. O’Reilly
for defendant. This case was one of. disputed accounts, a portion of the claim being for drinks. The. evidence of both parties was taken, defendant denying any responsibility for his brother, who had done a share of the liquor. He also disputed certain items in the account, and put in a set-off of Ll 3 16s. for some sacks of seed oats. After a lengthy hearing, their Worships said the evidence was most conflicting on bdth sides, and they had, therefore, allowed what, in their opinion, seemed to be undisputed items. They disallowed the set-off in this instance, leaving defendant to bring another action, and gave judgment for L 9 18s. 6d., with L2 6s. costs. The amount to be paid into Court within the present week, and to remain until the counter .action had been disposed of. Little v. Williamson.—Claim, Ll 6 6s. Mr. Branson for plaintiff; no appearance for defendant. Judgment for plaintiff for amount claimed, with immediate c xecution.
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