MAGISTRATE'S COURT.

Dominion, Volume 1, Issue 269, 6 August 1908, Page 4

MAGISTRATE'S COURT.

POLICE CASES. (Before Dr. A. M'Arthur, S.M.) ALLEGED BREAKING AND ENTERING. James Madder and Henry Mather appeared on remand 011 a charge that tlioy did ou July 20 at Wellington break and' enter'the dwelling of Herbort J. S. Rickard, and steal therefrom plate and clothing valued at £25, the property of the said H. J. S. Rickard, also one gold medal and two silver matchboxes,'value £3, the property of Cecil Rickard. Chief Detective M'Grath conducted the case for the prosecution. ■ Isabella Rickard, .of Kelbiirne Parade, deposed that on July 20 she left her home about midday after looking the house up securely. On returning at about 9.10 witness found the front door open, and. investigation showed that the liousc had been thoroughly ransacked. One of the'diningroom windows and the kitchen window were open. The following goods were missing Two e.p. kettles, 1 e.p. tea and coffee service, 1 case cutlery, 1 e.p. milk jug, 1 e.p. sugar, basin, 3 e.p. jam dish stands, 1 razor, 1 e.p. fish service, 22 spoons, 15 forks, a pair field glasses, a pair underpants, a shirt, a gbld medal, and two silver match-boxes. The value of the missing .articles was from £35 to £10.: The clothing, etc., produced belonged to' Witness's husband and sister; DavidinaiLaing,'sister of the previous witness, with- wlioni She lived, deposed that she missed from, her room a, pin with a lucky besn attached. Tho bean produced was similar to the one lost. 11. J. S. Rickard, chemist, gave corroborative evidence' as to the condition of tho house when ho returned homo on tho night of July 20, and identified the clothing and the lucky bean produced. Wm. Henry Ballinger, who resides within 100 yards of Mr. Itickard's house, romem' bored accused Mather calling at his (witness's) houso on July 20. Accused wanted to buy bottles, old iron, etc., and gave witness a circular similar to tho one produced. Eliza G. Downes stated.,that sho lived next door to Mr. Rickard. On July 20 accused Mather called and wanted bottles and old iron. Ho handed witness a circular similar to tho one produced, and then went out tho' back way leading to Mr. Rickard's place. 1 Rupert P. Whitenhall, clerk, residing at Kclburno Parade, deposed that ho saw accused Mather on July 20.' Mather left a circular at .witness's house. Witness believed that he passed the two accused oppS"-

site Mr.,Rickard's house on his way horns to .lunch.

Maria Baskevillo stated'that she lived next to Mr. Ricknrd, "and on July 20 saw; two men go round to the back of Rickard's ■ houßo about 1.30 or 2 p.m. in the afternoon. Witness was too far oft' to identify the men, Gerald B. Sisson, letter carrier, stated that he called at Rickard's house soon after 2.30 p.m. on July 20. Tho front door was open, but witness could got 110 reply to his knocks. - , ltachael Cutler stated that accused Mad- . der had had a room at witness's house in Tennyson Street since July 20. Mather, also had a room in the house', and had been there about, four months.- Tho" two accused loft the'.house together on tho ; morning of July 20 and returned after 6 p.m. DotCctivo Droberg, who with Detective Camoroil examined Mr. Rickard's I'ouaa aftor the burglary, found a number of footprints of two men about the house and in tho yard. One was an ordinary sized print, and . tho other was a smallor one, 11J inchcs long. Later, ho went to a house in Tenny-: son Street, in which the two accused Btaye'd. Tliero were a number, of circulars in the room, which Mather' said wero his, and Mather was arrested on another charge. Tha host day Madder, was arrested,, and found to be wearing tho shirt and underpants.identified by Mr. Rickard, also the handkerchief produced. Madder said that ho and Mather were at ICelburno on July 2b, but could not say where ho got the slnrt and, pants from. On, searching accused's room, tho lucky bean produced was found. Both accused denied' any knowledgo of it. The boot,on Madder was- moasurcd, and was found ,to be exactly tho samo length as the smaller of the two foot-prints found at Mr. Rickard's. Both accused pleaded not guilty, and wera committed to the Supremo; Court for trial. • A FURTHER CHARGE. Henry Mather was further, charged with having, on_ July 22 at Wellington, stolen, tha sum of £5 in money, the property of tha Uawke's Bay Fish Company. Bartolo Barnal, shopman in tho Hawko's Bay Fish Company's shop, Courtonay Place, statod that at 1.30 p.m. on July 22 ho was ■ in tho shop when accused came in and askedif witness had any oysters open. Accused--gave an order for sixpenn'orth, and left the shop just as witness left to. got a bottle. When witness came back ho saw accused disappearing out of the door. On onening.the till, witness found about £6 missing,'a few threepenny and sixpenny bits only being left in the till. Accused-did hot call back for the oysters, but in tho evening witness saw him in front of tho Albion Hotel, and pointed him out'to Constable Hodgson. Constable Hodgson stated that when lie interrogatcd accused lie" admitted having beenin tho Hawko's Bay Fish Company's shop, but denied having ordered any oystors orhaving gone into the shop on any occasion'' other than the time lie had first gone" in. Detective Broborg stated that on July 27 ho arrested accused, who said jjo was inlioccnt of the charge. ' Accused pleaded not guilty, and was committed ; to' tho Supreme Court for, trial.

AN INFORMATION DISMISSED. ' A further information against. James Mad- - dor charged him with having on' July 25 ." stolen the sum of £5 10s. in'-monoy, the property' of Francis James Tucker. Evidence was given that a man was soon bending over tho countcr of Tucker's pork . butcher's shop, Tory Street, at 5.20 an tha . evening of July 25, but on being disturbed by the appearance of some of .the inmates of tho shop no ran out of tlio shop. Tho .man was chased by Mr. Tucker's srin, but was not ■ caught, and no one had anything more. than ■a back view. Several witnesses were called, . but none of them could - swear absolutely that defendant was the man they had seen being pursued by Tucker," junior. ''"His Worship held that the ovidenco .was not sufficient to • warrant defendant being sent before the Supreme Court. . The information would bo dismissed. , ' ' .ALLEGED THEFT. William-Morgan-and Charles Watson,'alias : Eiley, appeared-on renmnd "oil of' having,'on or about 'July 13,' at -Wellington; • ; committed tho theft' of -a" watch,' valued^'ai■ - 165."; a - gold- ourb -albert,-' value- £6;' 2four" - sovereigns, two half-crowns, and lid,, ther" property of John-Sjiiers Angus. Sub-Inspcctor. Phair conducted tho case for the prosecution. * ,i " • Jonn Spiers Angus', labourer,' boarding,-:atf the To Aro boarding-house, Taranaki. Street,: stated that on July 13 he went to bed about' 11-p.m., and left his clothes at tho foot of the bed. Tho articles mentioned in tho informa-: tion were in his pockets. On getting up !it 8,30 tho following morning,, witness went out, leaving the clothes and the other -property , wherb ho had'put them the previous night. At about 1 p.m. witness found the articles, wero missing. Tho watch-■' (produced)'- belonged to witness. Elizabeth Smith, wife of the. proprietor of ■ the Te Aro boarding-house," knew the two accused, who camo to her house on July 12; " ono of "thorn (Morgan) giving tho- names of Simpson and- Williamson.. Morgan asked for a room, and witness gavo them a room opposite that occupied by Angus. On tho morning' of July 13 tho two accused camo down-from their room about 10.35 with, their portmanteaux, and said they would bo in for dinner. Thoy did not come back. :■' Maurice Fruhauf, pawnbroker, deposed tha'. tho watch produced was pawned-fdr 8s ; by J man named Morgan- on July 16. Witnc could not swear that accused Morgan-was t man, but ho was like' him. • ; Ebeiiezor Metz, pawnbroker,\ stated that -. July 17 accused Morgan camo into his si j and asked for a loan of £2 on; a gold cha.I Witness recognised'the chain as one he h-; sold to Angus Bomo time previously,-a made further inquiry as ho knew the cha . was wanted by tho polico. 1 Sergeant Dalo deposed that on July 1/ lit. met accused Morgan, who said he had tried to pawn tho chain, but had since lost it; .He said ho had,had tho chain.for.two. years.-';On arresting Morgan, witness found a pawnticket (produced), and subsequently, following the pawn-ticket up, recovered the metal watch .produced. . His \Vorship dismissed tho charge against Watson on tho ground of tbero being by no means sufficient ovidenco to send him before 8 llorfean pleaded 'guilty, and was committed, to. the Supremo Court for sentence.

BY-LAW CASES. A chargo of having travelled in a carriaga on tho Government Railway lino, on July 21 with intent to evade payment of his. faro was preferred against W. J. Hill. Defendant said ho arrived-on tho station too lato to got a ticket, and did npt know ho would liaya to pay-a fine, if he (warded a train without . a ticket. Ho was willing to pay tho ordinary / - fa.ro.' His Worship, in entering a conviction and ordering defendant to pay-costs 235., remarked that defendant' should liavo known-.-he would bo fined if he did not get a ticket. But for this rulo everybody would como down lato and neglect to take a ticket. Michael Scanlon appeared m .answer to a - chargo of driving a vehicle in Eovans Str % without a light, and was convicted and fined: : 20s. and costs 7s. - .. Henry Liimberg was charged, with allow- ~ iiig a cart to bo used for carrying goods for ; - hire without such cart being licensed by. the" Corporation.- Defendant was convicted 1 and ordered to pay costs 7s. , ; For allowing two horses U- wander at Rona Bay, John Jacohson. was convicted and fine'• £1- awl costa 7s. MISCELLANEOUS. Jolin Harris was convicted and fined 205., in default throe days' imprisonment. for insobriety, ind Frederick' Nicholson, similarly charged; rrns convicted and fined 10s., in default forty-eight, hours' imprisonment. Three first oftVjideri rero convicted and discharged.' ' _ '• Patrick Driscoll was convicted and fined 205., in default two days' imprisonment. on a charge of indccency in Customhouse Quay 1 CIVIL BUSINESS. . Alexander Mackenzie, coachbuilder (Mr. D. M. Findlav), suod Chas. E. Fisher, coachbuilder, of Onga Onga (Mr. P. W. Jackson) for £17 Ss. 5d., balance alleged to be due for , work and labour done between April 23 and July 11. After hearing the ovidenco liia" V : Worship gavo judgment for plaintiff for tlia amount claimed, and costs £2 14b-