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RESIDENT MAGISTRATE’S COURT.

TEMUKA. — Tuesday. (Before Samuel D. Barker, Esq., J.P.) STEALING A CASH-BOX. James McManus, on remand from Geraldine, was charged with stealing a cash-box and contents from the Winchester Hotel on the 31st May last, valued at L3oo.—lnspector Pender conducted the case for the prosecution.— Thomas Swinton deponed : I am a hotel

keeper, living at Winchester, and recollect the morning of the 31st May last. I left home on that date. Before leaving I placed the cash-box produced in a corner behind the bar. It then contained, cash*., bills, cheques, and other documents amounting to over L3OO. _ by leaning over the counter could see the cash-box. I returned in the evening at 6 o’clock. I missed the cashbox produced between 10 and 11 on ’ _ that evening. In consequence I proceeded at once to the Orari Hotel and saw the prisoner there. Before I spoke he said, “ Have you lost one hundred pounds.” I said, “Never mind what I have lost, I am going to arrest you for ’ stealing my cash-box.” I then arrested him, and handed him over to Mr Brosnahan, and in my presence he shouted for several persons. lat once proceeded to Geraldine to lay an information to the police. I then proceeded back to Winchester, and my cook and the constable ' went to Orari. On the following morning, the Ist inst., when out on the road opposite the hotel leading to Geraldine, a boy named Young called my attention to the cash-box, which was lying by the corner of the blacksmith’s shop, and near the river. There was then in the cash-box two halfsovereigns. It was about two chains from the hotel, to where the cash-box was found. There was a swag beside it (something similar to the one produced). I have not the least doubt but this is the swag. It was lying about four yards from where I found the cash-box. A short time afterwards, Henry Webster picked up some documents [produced].—By the Court : The swag in no way was concealed. —By prisoner : It was between 11 and 12 o’clock p.m., when I arrested you. —Kate Connor, deponed : I am a servant employed at Mr Swinton’s hotel, Winchester. I recollect the morning of the 31st May last, and on that morning X went to the bar about half-past six o’clock, and remained their till half-past eleven a.m. During my stay at the bar, the prisoner came in, and there were also three or more with him. I declined to give him any drink without the money. I then went into the bar-parlor, leaving the prisoner outside the counter. On looking round I saw the prisoner going to the end •£ the counter and leaning over and looking in the direction where the cash-box was. 1 then came into the bar and asked him what he wanted leaning over the bar for ? He said he wanted a match. He could not miss seeing the cash-box. I gave him a match, and he went away. I did not see him there until about half-past seven in the evening. I asked him what brought him back again, and he said his matss had gone and parted with him. He then asked me for a shako down ; I noticed at this time that he had one of his boots off, and sown after I left the bar. I was then absent from the bar until half-past eight p. m., and I left him at the bar. There was a door underneath the counter, and from the outside of the bar any person could enter and go round where the cash-box was. When I came back at half-past eight o’clock the cash-box was gone and also the prisoner. I did not then say anything to Mr or Mrs Swinton, as I thought they would hare taken it. The only money I saw on the prisoner was one penny,—By the prisoner: I can swear positively that the cash-box was there when you were there. I did not see you interfere either with the bar or anything at all.—Mrs Swinton deposed: I am wife of Thomas Swinton, licensee of the Winchester Hotel. I recollect the evening of the 31st May last, and between the hours of half-past eight and nine o’clock I was sitting in the bar-parlour next to* the bar. Kate O’Connor had then gone away. The accused was there, and was the only'one at the bar. While I was in the bar-parlor I heard the fall of the counter lifted. I then went into the bar and asked the prisoner if there was anyone. knocking, and he said “ No. ” I then looked at his i feet and he had one boot off. He then asked me for a shake-down, and I told him he could have it. He seemed to be much agitated at this time. Shortly afterwards I found he had gone. At about ten o’clock the same evening I missed the cash-box.—By the prisoner: It was between seven and eight p.m. when I saw you. I am quite sure you are the same person. You had then one glass of- beer, and paid me for it. I did not see you taka the cash-box or anything else.—By the police: He took the swag produced away with him.—Hugh Brosnahan deposed: I am licensee of the Orari hotel. On the 31st ultimo the accused came to my bouse between the hours of one and two o’clock p.m., and remained until about seven o’clock in the evening. He spent some money with me during that time for drinks. The money I received from him was in silver. I did not see prisoner from 7 o’clock until about 9 o’clock the same evening. He would have time to go down by the train to Winchester and be back here by 9 o’clock p.m. When he came back he shouted three times running for 9 persons, and he gave me one pound to take the drinks put of it. The purse produced is something similar to the QQO I saw with prisoner during the afternoon. He spent one shilling or more for the man who was left in charge of him. I waa present when Mr Swinton came.—Mrs. Julia Brosnahan deponed; I recollect seeing the prisoner between 1 and 2 o’clock on the 31st ult., also about 9 p.m. the same day. From 6 o’clock until 9 o’clock I could not say where the prisoner was. After 9 o’clock p.m. he was shouting,,and changed a one pound note with mo. He paid for his tea, and daring part of the day he engaged a bed. He paid for it. The time he gave me the pound tpas aboqt half-past 9 p.m.—Albert H. Young deponed : I recollect the morning of the Ist June last. 1 found the cash-box produced near the blacksmith’s shop, and close to the edge of the river. Mr Swinton was there when I found it. There were two half-sovereigns in it then.— Henry Webster also gave evidence as to the finding of documents near to the Winchester Hotel—By the Bench; It was half-past eight o’clock p.m., when I saw prisoner.—By the prisoner : It waa about half-past one o’clock p.m., when I saw you at the Orari. I could not swear positively that the ppraa produced was the ■ - same as what I saw with you at tfte Qraff* —George Campbell, deponed j I am a seaman, and know the prisoner. We started from Oamaru together on the 27th May, . and arrived at Timaru on the 29th May. , ; Neither of us had any money since wo left Oamaru, except one penny. We started frcm Timaru on Monday, the 31st

May, at about 9 o’clock in the morning, and went through to Winchester. From Temuka to Winchester, he parted from me for about an hour. The purse produced is the one the prisoner had. I know the swag produced ;it belongs to prisoner. I ■ left the prisoner at Winchester, and saw him again at the Orari Hotel—By the Court: The prisoner left Winchester and arrived at the Orari Hotel about quarter* to six o’clock p.m. He was then at the bar and drinking. He was then the worse for drink.—Constable William Willaby, deponed : I arrested prisoner, and charged him with stealing a ca§h-bo? from tha Winchester Hotel. J brought him tq the lock-up,-at Gqraldipe, on the same morn* ing, and he escaped out of the place he ..; was put into.—By the prisoner: I left

the Ba in your pocket. You were dm:.L when I arrested you. I could not say what you did with llio nn •y. —-This dosed the case for the prosecutor. The prisoner, after being cautioned, made a lengthy speech, maintaining his innocence of the charge, and he was committed for trial. Escaping from Custody.—The same prisoner was charged, under the Vagrant Act, with escaping from custody while at Geraldine. He pleaded guilty, and was sentenced to seven days imprisonment. The Court then rose.

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Permanent link to this item

http://paperspast.natlib.govt.nz/newspapers/AG18810609.2.15

Bibliographic details

RESIDENT MAGISTRATE’S COURT., Ashburton Guardian, Volume 2, Issue 366, 9 June 1881

Word Count
1,495

RESIDENT MAGISTRATE’S COURT. Ashburton Guardian, Volume 2, Issue 366, 9 June 1881

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