POLICE COURT.-This day.

Auckland Star, Volume XIII, Issue 3695, 14 June 1882, Page 2

POLICE COURT.-This day.

.{Before J. E. Macdonald, Esq., R.M.J DP.UN-_E_.-.ES3. — Thomas Taylor and' James Walsh were fined 5s each.

Walter's Vagaries.—Walter Weslop,, formerly of the Industrial Home, was charged with absconding from the service of William Dudder, of South Wairoa, on the 31st March.—Mr Browning appeared for the prisoner, who pleaded not guilty.— George P. Hogan, master of the Industrial Home, deposed that he could not swear that prisoner was the absconder, as he had never seen him. (Witness put in several documents in relation to the boy, Weston.) Mrßrowning said there was no evidence to show that the .boy had absconded, and he had two brothers in Court who were ready to take care of him. Mr Hogan said Mr Luder had complained to him, and he gave loformation to the police, ana the boy was found in the employ of Mr Pilkington, of Tamaki West. He did not wish to see the boy punished. This was all the evidence, and as there was nothing to connect the boy with the papers produced by the master of the Home, he was discharged.

Chasgeof Theft.—Joseph Hayes was brought up on a charge of stealing £13, on the Sth instant, from the dwelling of Chatles Stone.—Sergeant Gamble opened the case.—Charles fctone deposed that he was a baker, of West Queen-street; knew the prisoner Hayes; at the beginning of the month prisoner was staying in bis house ; he was there on the Bth; a couple of loads of firewood were shot down at his houae, and prisoner was engaged to stow it away in the bake-house; it was taken from tbe street .through the shop by the pr.so_.er; he (prosecutor) was busy in the bake-house at the time; it was 11 o'clock in the morning; there were silver and notes ia the bag, amounting to about £15; having paid for the wood, he put the bag and remainder of the money in hii coat pock • md hung it against the door. Prison or conld see the money; he was in and out the shop.- Drew his bread, put on his coat, and went out to se.ve his customers. Missed the moiey in the evening. Prisoner had no money, and came ti him in distiws ; he allowed him to sleep over • th<" oven, and gave him his food for doing odd jobs. Had known prisoner about ten years.—To prisoner: Did not lose the money on the road.—John Glllander, proprietor of the Pacific Hotel, Queen-street, deposed that on the Sth inst. prisoner was at the bar of the hotel; he was spending money ; asked witness to take care of a £1 note for him ; gave it np to the detective. Prisoner h«d new clothes on, and an improved appearance; remarxed, You've been making money, Joseph ; prisoner replied, Oh,yet,|_.ot mypensioa; witnesssaid,Thisis not pension time. Prisoner replied that he waa dealt with differently from the general run of old soldiers—had "his pension from England direct. Prisoner called next day, and witness changed a note for him.—Geo. Vallack, waiter at the Pacific, gave similar evidence. Prisoner was shouting for everybody around. He noticed prisoner's liberality, and said, Things are looking np, old boy. Prisoner replied, "Just got my pension, lad; will you come to the opera to-night';" Wijaees consented, and prisoner treated him to "Patience." He seemed quite flush of notes; he thought he should marry again if "he could find a comely widow.—Charles Hannkin, assistant to Mr John Smith, draper, Queen-street, deposed that prisoner purchased goods at Mr Smith's shop on the afternoon of the Sth inst. Saw prisoner pay for the goods 13s ll_d ln silver.—Mrs Francis Beal, of WeUealey-street East, saw prisoner on the Sth in her husband', shop; he purchased the coat (produced), and paid for it with a £1 note ; gave prisoner 12s in silver—Detective Sullivan arrested the prisoner on the charge. Prisoner denied bil knowledge of the money, but afterwards he said he found £6 on the floor in Mr Stone's place. He had £5 5s 3d in his pocket when arrested ; received £1 from Mr Gillander. Prisoner said he had purchased goods at Mr Smith's, and a coat of Mr BeaT; said 'he was so drunk that he could not account for all the money.—This being the case, the depositions were read over to the prisoner! who, having nothing to say, was f ally committed fortriaL '

St_:A--I-.g feom the Persoh.—Samuel Vivian, on remand, again, appeared in answer to a oharge of stealing the sum of £17 from the person of Henry Dignan on the 3rd inst; ' Mr' Tyler appeared iv defence. Sergeant Major Pardy represented the police, and briefly stated the case. The prosecutor, Dignan, was a bushman who had been working very hard and accumulated a sum of money. The old man came into town and engaged the prisoner, who was a cabman, to drive him about the city ; he spent hia money liberally, and prisoner, it would be shdwn, deprived the bushman of £17.—Henry Dignan deposed that he had recently been employed at the Tairua saw mills; he reached Auckland on Saturday week. ■ He had £20, in notes, and'a cheque upon him. He fell in with Vivian on that day. Vivian drove him to the bank to cash the cheque, £14 5«. . Had 14 note, and 5s in silver. Placed the .notes between his flannel and linen shirts. Had £6 beside. Vivian drove him to-the Swan Hotel, Mechanics' Bay, and trom thence to the New Caledonian, a corner house. Had his money upon him. Was certain of it. ■ Prisoner pat his hand in his shirt for the money, and some oi it dropped en the floor. Prisoner said he wanted £2 for cab hire. He objected to giving him that amount; it was too much, -Subsequently ho went to bed, and in the morning ho found that his notes had vanished, and all that he had in his pocket was a half sovereign and a florin.—To Mr Tyler : Went first to Mr Lynch's Aurora Hotel, and had three or four drinks; then went to the wharf. Could not distinctly say where he first met prisoner; it might have been at Fernandez's Hotel; had beenrdrinking freely. Gave Mr Adams £1 for the cabman's fare. Had seen Patrick O'Brien; he was 8 bit of an acqnaintsf.ee, not a particular friend, Pat was at the Swan; rode in the cab to the Caledonian. When on the drink and with plenty of money he tound plenty of friends—was on good terms

with everybody.—John Adams, landlord of the Swan Hotel, remembered Dignan being nt his hotel, on the 3rd inst,, at 8.30 a.m. Was driven thero by accused. Remained at tho hotel until eleven. They.left for the pnrpose of going into town to get an order cashed, 'Ihey returned, Vivian and Dignan, before twelve. Stayed until two in the afternoon, Dignan took refreshment; ate and drank heartily. Dignan had notes and silver. Handed to witness £1, on account of cab fare. Vivian demanded £2 for the day. Dignan challenged Vivian to wrestle for £1, but it did not come off. Dignan paid for everything. Spent, with witness, between £3 and £4. Difnan and O'Brien were driven away by Vivian at half-past 2 o'clock.—Crossexamined by Mr Tyler,—Patricic O'Brien, in the employ of tbe Union Sash and Door • Oompany, knew Digs an. Met him outside the Swan Hotel. Had a little chat and a drink at Dignan'a request. Rode with him to the Caledonian Hotel, Vivian said he | had a job to get his fare. Dignan said he had given him enough already. Saw Dignan pull out some notes, and put them under bis shirt. He told him ho was foolish for being so loose witli his money. Went with Dignan to the Caledonian Hotel. Vivian anil Di^aan went into a side room, Pr.sently he followed, when Vivian asked what tiie aeuce he wanted there, Dignan said he won't givo up my money,—Charles Stone, juniar, se»man, deposed to seeing the two men in the Caledonian Hotel on the 3rd inst.; he was sitting on au empty beer barrel; had nothing to do with them; did not notico their conversation particularly; sometimes they seemed to bo chaffinf, sometimes at fighting point. Vivian was trying to get money out 'of the old man for cab hire. Saw Vivian put his hand in Dignan'.. shirt; Mr and Mra Smith was ktanding by. Vivian pulled out some paper money.' Dignan graspoi somo of iK l ome dropped on the floor, Vivian picked up tho notes. Ho did not give them back to Dignan, Bnw several in Vivian's hand; could not toll what Vivian did with them. To His Worship : he should think thero were several; certainly more than one.

(Left sitting.)