MAGISTRATE'S COURT.

Dominion, Volume 1, Issue 120, 13 February 1908, Page 4

MAGISTRATE'S COURT.

POLICE CASES. (Before Mr W. G Riddoll, S M) A PECULIAR CASE , ALLEGED .THEFT FROM THE PERSON CHARGE DISMISSED i A middle-aged man, Holier Eli Wngnt; appeared in answer to a chargo of having, on February 3,.at, Wellington, stolen from- the person of Goorgina "Williamson a gold chain valued at .£20./,. ....I, ■■■ ', .. Sub-Insptx)t6r ,o'Donoyan, prosecuted, and Mr. Wilford appeared for.the defence; • Gebrgina Williamson,-of Waituna, doposed that'.sho was.walking! along Upper. Adelaide. Road, alone, at about 8; o'clock on the,evening of when, ■ just.as-sho -vyas. abouttv enter .the. drive leading .to the houso cf her brother-in-law, ; ;Mr. Williamson', . a, long gold muff chain which she'was Rearing was snatched from around her-neck. --As' soon asWitness. felt 'tbo chain go.in'g sho placed her. hand, on her watch.,' At the time the 'chain was snatched, witness .was an -arm's length inside ;the gate.. The chain, watch, and locket (produced) belonged to .her. ~ Witness .immediately! wont outside- tho.gite,'! ancl.saw a man ' standing- in the middle of J,tho j rgad. When she called out' that someone; had taken her chain the .man rah away, down the road, witness following him..,i,.Th'o man. was - ,-at length stooped ■ by 'a'..' constable , .in 'plain clothes.' . Ine chain" was not found, on : the, man. /!'.,' ' .;To' Mr.- Wilford:' r Witness.;saw.: nobody.! in'side, t-he! gate,''but.'felt, someone ! chain. !.,!,-■ J ; James Clias. Williamspn;. 12J years of age, residing, with. his'! parents at 213 . Adelaide Road, ; stated .. that ..he found the chain (pro-, duced) at the! front., gate,! about 6ftl". the gate.'-! ■■ ' ' r !-.,'! . . !..!'". Constabloj Taylor stated that about 9 p.m. on February! 3, Ho 'was'!'abont .70. yards ft-o'm tho: gate in question .when' he heard someone call out,',in; a, loud voice, !*'Oh, ; iny chain's'! gone I" , Ho noticed a man ..come away from near tho fence . and into' tho middlo.'of .tho road, and then a woman-came out of the gate,'.saying,. "Hp's,snapped iny chain.". The man ran down tho. road, t-ho woman ..following.;.; Witness' stopped . the man' (accused),' and then Mrs! Williamson canio; oh'the .scone,..'and. also a man. Witness, took the man to, tho station .'whore',' in answer, tb' a question, hp pxplaiiied that he had riin away, as aiiy man would ihsive done, .. A "search inside the gate 'did-.not reveal" the chain. , James M'Nab, carter," stated' that he saw accused' arrested in Adelaide Road on. the iiight',or Fobruary-3, and corroborated 1 the first part of the constable's' evidence/' ' In company - with the" constable: Svitiioss 'inade' a fruitless seareli iiiside'the gat-o for the chain. This concluded, the case for the; prosecution.-'' ' '" '.•.■v. ■ Mrs. Williamson, recalled by Mr. Wilford, denied that she vised the w ; ords," "Ho snapped my. chain." r ' ■ > ; .' George Paul-Davis/in charge of St. Peter's Church, deposed that lib had known accused for ,81 years, during which : time ho 1 -had bornp an excellcirf charactcr. For' some rears

lie had been cleaner of the church, and ' • had frequently picked..up money in the church and placed it in the vestry. Daniol G|cnnie, Labour I'oreman for .tho Wellington Harbour Board, gave evidence that accuscd was an honest worker. . To witness's' mind ho was not over I 'bright mentally. . ... . . -..... ■ Accused stated that piovious to the date. of; the alleged offenco' ho had been 'in ill' health. Ho left liis home at about" twelve' o'clock on the dato •in question end' went • to tho Happy, Valley: beach,' remaining there • unti Jabout 7 p.m.- He camo , home via Island. Bay, and detailed tho. places .he called at until ho camo to tb? place where tho theft was alleged to havo occurred. Hero ho heard a woman's Voicc moaning, and ho ■ stopped.- and i called out What's ' the matter? A lady camo out. of..tho gato and accused him of taking her chain. Ho said lie had not got it, and then ran away, ' thinking tho woman might- be Vniad. Bo- • foro he had'gone far ho was. stopped by a • man who turned out to be a constable.. On b?ing questioned by the constable witness said hp had been to Island Bay for a'picnic. He allowed tho constable to ' found nothing but his own property, but ' To Sub-Inßpector O'Donovan: Ho'did not have anything to do with taking the lady's chain. She'' seemed pleased when, ho I was stopped by"the other : mcn. ; :' ■ : . To subJnspcctjr O'Donovan: Ho did not stand his - ground because ho thought "it <' might havo been a■ " put-up job."' Some ' one might havocome out,;- and accused "him.", of having the chain, and then have robbed - him. • • . . ' 'y. - -.- . His Worship, in reviewing the case,-char-noterisedj Borne of the statements' madb as " :' extraordinary-; All of a sudden, while closing a gate,- a lady los'js her-chain." Seeing no one about * he-tarns round aiid opens tho gato and sees a man standing in the middle of the road:- ' Tho : whole mattervitiust' have occupied a very 'short- spacb or'Worship said it-seeinbd to him'that although r ?, was a suspicion, and perhaps a': res- • ■ sonablo,' amount of. suspicion,' tho evidence " ; was- not sufficient -to'convict on.. Thero.was • • j doubt about-the matter'altogether, ' and he was -of . opinion- -thati a' .'prima - facie 1 ease had_ not":been-- made out; /Defendant'-' - must be discharged.','?--. ■ • ;i - r ,

ALLEGED ' John' Smith"- appearpi 'oil /a'cliargo'bThav. mg sold intoxicating liquor' .without license to do .so.;, , rt > . ■"' -"' ; ' Mr. Wilford, who appeared for defendant, stated that;,there were .[several, charge's arising out of tho samo ■ set of circumstances, and ho suggested that Hi.s., Worship, in viewof, thoj peculiar '.' cqhstructiorij ,ibt' the .promises at which,,.tho'f.o^'en'ces'were alleged to have- taken place, should 1 visit" the .-place. ■Tho polico , mndppno and the. suggestion was adopted by the v case being., adjourned,until..JTrid^. Tho other:- charges jwerojVagainpp Robert Wilson and 'James Robinson, of..sblling, intoxicating . liquor without ..'licenses ;'":l>4vid Barrio and Mary Jano'l3arrie,'oi bqing .the occupiers, of . premises, on.. which sales' of liquor ' took' • place ' William • Cody, Robert M'Nab,':an-R ; \Vi]liam Black, of being ~found on . certain .premises for tho purpose..of . illegal dealing in i liquor,. wheu. the said. premises . wore entered by . the pokes and- a .quantity ;of, liquor seized j

OTHER CA&ES ;v|A you|Vg man. named. Georgo Barnes l7 aliao " Ted Ash't'on;'was Charged-that; onvor-ahout' February 5,..at Christciiurch, .h'e/'Hfd'''Commit \;.itheft , of goods;";.valuo, £50, tho pro- 1 porty. ; of Itoss"and Glendmmg,- Ltd. > Accused;.;' pleaded-' npt';;guilty;' : and,. oh 1 theC : . . application;; of' Detective Brpbprg;;,.'w3's ' re- '• ' mandedto appear at'Christchurch oil"Thurs- ' day week', - ' ;charg"6 of:; stealing ,a.'' costurno, : ' valued' at ;£■! 10s,, tho property.'.of ? ; T, : '-M. , .Shorbi lAS' preferred' against Horbert ,®\rin' Hamilton" Bird. ; Mr. 'V. Jackson apjieared' '' for tho prosecution,and\MrE.VSn,'HaTist for ■the. dofence. ,On v tho application,' of" counsel •fpr:tlie;,d,efei)icp, 'a, until. , l | obruary.,l7,, : bail, beingVallowed ih a sum of • £20 an4 : one.s!Metyv'ot-'j6i2o^-.'';;;,' ■; Joseph, -Daly/ aiiasJames .Dale,-was -brought, .' until : Inday for sentence.. . His .'Worship,. (Stated,that ti ,roport;had 'beehfrc-ceiveclijfrom.o. the/ gaoj : surgeonV./andf jwould bo to enablo ,tb bo n'.c-<iically.. -. examined. vThe, caso would be, finally dealt .with,oa''JVi4ay.- >^i , .'v'' L --fi'v' Z i s ltebort" James, Christopher. Seal .(IIK-', Too- ' good) was convicted' arid fined ..40s; costs . 175.,. ln ' detault'-'spveii iinprisoiitment,. C on-, a.charge of having used iibusivb,language , .':; in ,Tarunaki . Place-rath- intent to provoke a' 'J. broach of the peace. :>■' ;; Christopher Scott was .further remanded i until Wednesday bh a charge,,'of.. forgiiig the.i • flignaturq.,of .. Air,, Kilgourj assistant,' ; land:, rogistrar, -to_.-a''.duplicatfljicertilicato :of tjtlo, and ,oh, a second chargo that he: forged- •• a duplicato ofi.-titlpi.' 'I ■ ;-. Jonn Clarkc was convicted;and fined 405., ... ■' .irif default, seven 'days', imprisonment,;! on, a ; charge of. disorderly.. conduct."; in : .Taranaki' Place whijst .jinder the. influence of. liquor.. jl'or insobriety George Schofield i and Nor- .. : -, man Campbell wero each ,convicted and fined ,10s., in,dofaulfc.4B,rhours!.: imprisonment. 'Iwo farst offenders, wero cach convicfccd and v j .fined ss'.; .with' the' aiteniativo'.of. 24 . hours', ! imprisonment, ; ■; : ; n J :.. A fino.of 10s';, ;arid costs.7s., was .imposed;Qn . Roderick i M'Leod for failing .to -keep to : - the left or .hoar, sido of the., road -when driving ' t a .vehicle..along Lambton. Quay. " sWilliam .-"James '.'.was ,_convic ;. -3 and V < ordered to; pay costs"of. Court 7s,,<foi . ivmg an express .without /proper ' ,and-f aiucient • .' light. • '; .