Tokomairiro, Waihola, and Clutha District Court.

Bruce Herald, Volume VII, Issue 642, 20 October 1874, Page 6

Tokomairiro, Waihola, and Clutha District Court.

(Before His Honor Judge Ward.)

Monday, October 19th, 1874,

On calling the jury list the following were absent : — John Barr, John M. Watson, Andrew McLaren. A fine of 40s was inflicted in each case, excepting that of John Barr, who, it appeared from the evidence of the summoning constable, was too ill to attend. XAKCENI'. John Harrington was charged with having stolen a watch, the property of Charles Grey, on the 16th of July last. The Crown Prosecutor conducted the case for the Crown. Mr Reid defended the prisioner. The following jury was sworn : — John Porter, James Thomson, Henry Tansley, William Sinclair, Thomas Troy, William JStewart, William Seed, William Paul, John Pringle, James McGubbin, John Me Allan, John Murray (Foreman). The following evidence was adduced : — Charles Grey was a laborer, residing at Puerua, South Molyneux. On the 16th of July last he was in Tokomairiro. In the evening, about 8 o'clock, he was in Julius's Camp Hotel. At that time he had in his possession his watch and chain attached to each other. The watch was a silver lever hunter, No. 9163, and the same as that produced. It had been purchased from a Mr Young, Dunedin, on the oth June, 1872, the receipt being that produced. Witness left the Camp Hotel about a quarter past eight, and went down to Philp's Commercial Hotel, having the watch in his possession. He saw the two grooms at Mrs Langley's Criterion Hotel, Jos and Fred, at the Commercial smoking cigars. He left the Commercial about 9 o'clock Avith the two f rooms, and whilst coming up the street is foot slipped opposite a whin hedge. When .he got to Goodall's he looked to see the time by his watch, the Avatch A\as gone, and the chain Avas hanging to his A r est. The hook and SAvivel for fastening the watch to the chain Avas gone. Witness said to Fred and Jos, "I've Tost my Avatch," they suggested going back to Avhere his foot had slipped to look for it, but he refused, and ■went back to Philp's and told of the loss, after which he Avent to the Camp Hotel, Avhere he slept. The following forenoon he told the police of his loss, and also Avent to the Criterion Hotel and told seA'eral persons there. Next saAv the Avatch a month aftenvards in the Court- before the Resident Magistrate. Witness did not knoAV the prisoner, and never gave or lent the Avatch to him or anyone. Cross-examined : When Avitness fell in the hedge, Fred and Jos did not help him out. When he told Webb and the barman at the Criterion of having lost his watch, they did not make much stir about it. William Henniug, a groom, remembered the last Avitness mentioning having lost a watch about 9 or 10 o'clock at night, in the bar of the Criterion Hotel someAvhere betAveen the 15th and 18th July. Cross-examined : Remembered prisoner's leaving the stables of the Criterion about vine or ten days after this occurrence, in consequence of there being more hands than Avere required, but through no fault of his oavu. j Witness neA'er heard the loss of the watch men- j tioned amongst the grooms in the stables. Five j or six days after the watch Avas missed, he heard it spoken of at the Commercial stables, j Frederick Hill, a groom Avas in the employ- ' ment of Mrs Langley about the 1 6th July last, and Avas in the same employment uoav, and heard of the loss of the Avatch. but could not sAvear that the prisoner Avas then in Mrs Langley's employment. Cross-examined : I am the Fred referred to by Grey. I and Jos found Grey lying iv the hedge, and he said, "Hold. on, and I Avill go with you," so Aye stopped, ami he got up, and came with us. We did not leave the Commercial Hotel Avith him. E. Solomon, a pawnbroker, of St. Georgestreet, Dunedin, remembered prisoner's coming to his shop on the eA'ening of the 10th August, at about a quarter to eight o'clock. Prisoner Avauted to raise Ll 10s on a silver lever hunting watch (that produced). He gave his name as Harrington, or Harrison, and said he Avas a groom, living at the Ci-oavu Hotel. He said he oAvned the Avatch, that he had had it about 11 months, and had purchased it from a man named Jones, at the Dunstan. Witness said that could not be true, as the watch had been stolen about a month ago at Tokomairiro. Prisoner insisted for some time that his statement Avas true, but ultimately said he had found it some three or four' Aveeks before in a hay loft at Mrs Langley's hotel, Tokomairiro. Witness .asked him then why he had not given it to Mrs Langley. Witness said lie had uot heard that any Avatch had been stolen. Witness then told him he Avould have to account to the police for his possession of the watch. Prisoner waited quietly until Avitness had closed his shop, and walked quietly to the station, where the police took him in custody. Cross-ex*ojjned : . The watch Avould be worth new, about £8 or £9 ; in its present state 4s6'qr;i&7. He vould advance £4 on it.

Peter Farreu 1 , clerk to the R.M.s Court, Jokgnja^rli-o, gave encleuce tl)«t wbeu cau-

tioned in court, before being cpniniitted for "trial, prisoner "had", stated that jie had gone, into- the ha- loft at Mrs Langley's, and had found the watch there.

This was the case for the Crown. : The Crown Prosecutor having spoken to evidence, ■. ■..■■.■ Mr Reid addressed the jury for the defence. His Honor summed iip, pointing out that if a person found an article, and had no reasonable belief that the owner was to be found, his appropriation of that article would not be larceny ; but it would be for the jury, to say Avhether, after the evidence, the prisoner at the tune of finding the watch had such a reasonable belief. His Honor also remarked that the- conduct of Mr Solomon, the pawnbroker, in the case, was worthy of great credit. The jury retired to consider the verdict. Andrew M'Laren, one of the jurors fined previously, and pleaded the excuse of having mistaken the tune of attendance for eleven o'clock. Under these circumstances, the Court reduced the fine to a nominal one ss.

After a retirement of three-quarters of an hour the jury returned - into Court with a verdict of " not guilty." The prisoner was then discharged. This concluded the criminal business.