MAGISTERIAL.

Ashburton Guardian, Volume XXIX, Issue 7825, 18 June 1909, Page 3

MAGISTERIAL.

ASHBURTON—FRIDAY, JUNE 18. BREAKING, ENTERING AND THEFT. James George Murphy, alias W. J. Murphy, alias Thompson, was charged with breaking and entering,. on June 9, at Windermere, the dwelling-house of Thomas Home and John Fahey, and stealing" clothing valued at £2 8s 6d. Sergeant Fouhy conducted the prosecution. '• Thomas Home, a surfaceman at "Windermere, said he lived m a whare on the railway line with John Fahey. The whare was always locked during the day. On June 9 witness left the whare at 7.30 a.m. On returning at 5.30 p.m., Fahey, who had arrived some time before, told him that the whare' had been broken, into.' Witness made a search, and found that a waistcoat and a shirt were missing. The vest produced m Court was identified by witness as his property; also the shirt- which the accused was wearing. John Fahey, who lived m 'the same hut with the'last witness, said the door was secured on the 9th with a padlock, which was attached to a staple. On s the 9th of June witness returned from work at about 5.15, and found the lock of the:: door broken. Witness missed . the pair of boots and the underpants produced m Court, which were his property, and valued at 22s 6d. Thomas Lomax Gibbs, storekeeper at the Hinds, deposed that on June 9 the accused came into his store at about 5 o'clock m the afternoon and purchased two bottles of limejuice and soda. After leaving the store the accused went south. Constable^-Donovan deposed that on June 10; at Rangitata, he arrested the accused,'who gave his name as Thompson. He was wearing at the time a waistcoat and shirt the property or Home, and a pair of boots the property of Fahey. Witness charged the accused with the offence of breaking and entering, and, after'denying it at first, the accused admitted his guilt. At the police station it was discovered that the accused was wearing a pair of underpants lost by Fahey. Arrest was resisted, and witness had to obtain assistance. The accused said he had nothing to say in'answer to the charge, but upon being assured, m answer to an enquiry, that if he pleaded guilty he would not be called upon to stand his. trial before the Supreme Court, but would be merely committed for sentence, said he would plead guilty. The Magistrate thereupon committed him for sentence. • ■ He was next charged with entering the dwelling-house of Robert Biscuit McNab, and stealing an overcoat and , waistcoat valued at £1. Ellis Jones, who lived on the bank of the Ashburton river, said he was acquainted with Robert McNab, who also lived on the bank of the river m a whare. McNab was m the hospital, and witness was looking after his whare. On the 9th of this month witness visited McNab's whare, and found the door open. On the night of the Bth the door was securely fastened. The lock was-broken, and had,been thrown on the ground. Witifess told McNab, who then visited the whare io discover if anything had been tfiken. .Robert Biscuit McNab, an old age pensioner, said he was m the hospital on the 9th of June, and on thatdato, owing to what had been told him by Jones,'witness visited his whare, which he found had been broken into, and a coat.and vest stolen therefrom. The articles stolen were those produced m Court. Constable O'Grady deposed that on the 14th the accused told him that he had planted some clothing m a plantation at Win'dermere. Witness searched the plantation, afterwards, and found the overcoat claimed by McNab, a pair of boots, a pair 6f and a •waistcoat. The waistcoat corresponded ■with the suit the prisoner was wearing. The prisoner pleaded' guilty, and was committed to the Supreme Court for sentence. _ ESCAPING FROM CUSTODY. The third charge against the accused •was that on June 11 he escaped while m custody on a charge of a punishable offence. Constable Donovan, who arrested the accused m the first instance, at Rangitata, described how he had been brought before the Court at Ashbur•tcm, and remanded to Lyttelton gaol, -whither witness was escorting him on tlie day of his escape. When the express, which wras travelling at the rate of thirty miles an hour, arrived at a tpoint about one mile south of Rolles--ton, the accused, who was seated at the side of witness, sprang through the door just as it was opened by another passenger. Witness, Upon recovering from his surprise," followed the accused on to the platform, and laid hold of "him. , A tussle took place, witness having some assistance from Constable Reid and & passenger, but the accused •was gradually slipping out of his coat, and was m danger of falling on to the rails. So as to avoid this, witness gave him a push, which.landed him on his feet alongside the line. Evidence was then given as. to the search and recapture of the prisoner. The accused pleaded guilty, and was committed to the Supreme Court for sentence. OTHER CHARGES. . The. accused was next charged with ■stealing a. duck valued at ss, and a sum of £3, at Rakaia; also an overcoat valued afc £3. On these charges he elected to be\ dealt with summarily. On the charge of stealing the duck he was sentenced to fourteen days, and on each of the other dharges a sentence of three months was fmpeeed, the sentences to be concurrent. , CIVIL CASE. ■ The only civil case heard was that In which Shearman Bros. (Mr Orbell) obtained judgment by default m a claim for £6 4s Id against E. Grave. ALLEGED PETTY THEFT. James Tait and Walter Huston were charged, on the information of the police, with stealing a question-box, the property of the trustees of the Church of Christ. Ashburton. On the application of Mr Buchanan, a» adjournment was granted for one week.