MAGISTRATE'S COURT.

Dominion, Volume 4, Issue 1089, 30 March 1911, Page 3

MAGISTRATE'S COURT.

(Before Mr. W. G. Riddell, S.M.) . . TWO BOY BURGLARS. BOTH SEXT TO SUPREME COURT. Two lads about 17 years of aje, both sous of respectablo parents, and named Henry Sergent and Charles Dixon, appeared on remand to answer the following charges:— (1) On March 14, at Brooklyn, com- . mitting theft of 4s. 6d., the property of Robert Rayuor, from the dwelling of R. Raynor. (2) On March 15, at ; Brooklyn, breaking and entering the Brooklyn Public'School,-and stealing a bunch of keys, two lead pencils, two coats, ono whistle, one mackintosh, one cake of soap, and ono towel, value about -£1 135., tho property of' Frederick • Hempleman, Francis Joseph Proctor, and Edgar M'Farlane. (3) On March 12, at Wellington,, breaking' and entering tho Technical School, Victoria Street, and stealing therefrom 20 bottles of jam and five . books, the property ot the Wellington Education Board. Sergent was charged separately with having, on March 16, at Brooklyn, committed theft of 2s. flWl., the property of John Benge, from the dwelling of John Benge. At a'previous sitting of the Court tho lads had both pleaded guilty to the following charges:—(l) On or about March C, at Wellington, committing theft of ten books, valued at. about .£lO, the property of the Wellington City Corporation, and from the Wellington Public Library. (2) On March 17, at Brooklyn Library, .committing theft of four books, value about ,£l, tho property of tho Brooklyn Public Library Trustees. Dixon, charged separately, had pleaded guilty to having on March 17, at Brooklyn, committed theft of two packets of tobacco and one box of chocolates, value 55., the property of Harry Allen. Chief Detective Broberg prosecuted, and Mr. P. W. Jackson appeared for the accused Sergent, while Dixon was not represented by counsel. At the outset Chief Detective Broberg stated that he would not offer any evi° dence in connection with the charge of breaking into the Technical School, and this charge was withdrawn by leave of the Court. Later, Mr. '£■. W. Jackson remarked that Sergent had pleaded guilty to a charge of theft of books from the Wellington Public Library, but now wished to withdraw that plea. His Worship consented to the plea being withdrawn, and evidence was then called on the three indictable charges. William Kennedy, caretaker of th* Brooklyn Public School, gave evidence a? to leaving the school locked at 6 p.m. on March 15, and finding, next morning, that tho building had been broken into, entrance being gained through a window,

Evidence was also given by Frederick Hemplemau, F. .1. Proctor (teachers), and Edgar M'Farland (pupil of the school) as In certain articles miVing from Die school on the morning of March IG. In respect to the remaining two charges evidence was given by liobcrt llaynor and John llonge. Detective Mason slated that when he saw Dixon on March 18 the latter stated that lie would tell everything. He had subsequently signed a statcmout relating to certain of (he charges, and had made a verbal statement about the others. Witness put in the statement*. Both accused, when formally charged, pleaded guilty, and were committed to the Supremo Court for sentence. When the lads were about to bo sentenced on the charges that had been dealt with summarily, Chiof-Dcteclivo Broberg asked leave to withdraw the charge against Sergent for stealing books from the Public Library. Accused had now altered his pica, and the only evidence that could now Ire called was that of an accomplice. The magistrate allowed the, charge to be withdrawn. Mr. Jackson, on behalf of Sergcnl, submitted that the lad had becu led to a considerable extent by Dixon. The magistrate, in sentencing the accused, remarked on the fact that, though they had previously been given a chance when' before the court in January last, it had not benefited them. ' However, as they were to lie dealt with at the Supreme Coiirt, that fact would have some bearing on the sentences which he was about to impose on the minor charges. For theft of the tobacco and chocolates at Brooklyn, on .March 17, Dixon would be convicted and discharged. For the theft of books from the Brooklyn Library each accused would be lined 205., with the alternative of seven days' gaol, and Dixon, for theft from the Wellington Public Library, would be fined 205.. in default seven days' imprisonment, this sentence to be concurrent with the other term.

ALLEGED SHOP BREAKING. David Irwin, appearing on remand, was charged with breaking and entering the shop of Kitto and Graham on or about February 4, and stealing therefrom two rolls of tweed, valued at ,£lB 155., the property of Kitto and Graham. Chief-Detective Broberg prosecuted. Accused was not represented by counsel. Charles Adolphns Kitto, manager for Kitto and Graham, gave evidence as to discovering that the shop of the firm in Manners Street had been broken into when he visited it on February 1. The side door was broken open, and the back window also was open. Two rolls of tweed, valued at about JCIB, were missing. The garments produced were of exactly similar material to that contained in one of the rolls missing. The tweed had been specially indented, through a Sydney firm, and had come direct from London. It was ,a very uncommon pattern, and as far as the. witness knew was the only one of its kind in Wellington. Henry Waters.-labourer in the employment of the Union Steam Ship Company, knew the accused; .with whom lie had formerly worked. On a Sunday morning in February last accused canic to witness's room, and said that be bad a present for him (witness) if the latter would come along and get it. Witness went with accused to Dixon Street, and the latter there gave him a parcel, which contained a suit length. Witness took the present, and later arrangEil to have it made up by a man, whom he knew by the name of "Jack, the Tailor." The garments produced were of the material which witness had received from accussd. Francis Joseph Miller, of Miller, Midlane, and Co., deposed to taking an order from Kitto and Graham for a roll of tweed exactly similer to the material in the garments produced. j Constable Le Fevre, gave evidence as to tho_ arrest of the accused at Port Ahuriri. When witness told accused that, he was wanted in connection with the theft of .tweed, and that it was alleg<"' ' that he had given a parcel of tweed to a I man named Waters, accused reoliecl that he knew nothing of the tweed, nor of Waters, nor of Kitto and Graham's shop. Detective Lewis recounted the discovery nf the garments produced at the shop of "Jack, the Tailor," and related what took place when witness .interviewed Waters. Irwin informed the witness that he had secured the suit length for 15s. from a man in the street. Accused reserved his defence, and was committed to ■ the Supreme Court for trial.. THEFT FROM A DWELLING. A young man- named John Hayes, alias Noon, was charged with stealing' a quantity of jewellery, valued at Jc-'O, from the dwelling of R. H. Marriott, on March 16. Chief Detective Broberg prosecuted and Mr. V. R. Meredith appeared for accused. It was stated iii evidence for the prosecution that Mr. Marriott, on retiring on the night of March 15, had left his bedroom window open about 18 inches, and his waistcoat, containing the articles mentioned in the charge, was on a table near tho window. Next morning it was gene. On March 21 accused was arnvsied on a charge of being a rogue and a vagabond, and Mr. Marriott's watch and pince-nez were found among his (accused's) . possessions. After the evidence had been read over to accused he pleaded guilty, and was committed to the Supreme Court for sentence. On a charge of being a rogue and n vagabond accused pleaded not guilty, &rd elected to bo dealt with snmuni-ilr. The magistrate considered that tho evidence as to accused's being illegally on premises was not explained satisfactorily by the defence, and a sentence of a month's imprisonment was imposed. OTHER CASES. Edward O'Reilly, an old man, was charged with indecency in Little 11 awlcstone Street on March 23. Siib-Jiispt'-'tor Sheehan prosecuted and Mr. V. 1!. Meredith appeared for the accused. evidence Mr. Meredith submitted that th:;ro was no case to answer. His W'.rship thought that it was nut a str.in.T cise, but he considered that it should go to a jury, and accused, who reserved bis defence, was committed to the Supreme Court for trial. Bail was allowed in tho sum of =£75. John Molony was charged with criminal assault on a girl 8 years of age. After evidence,, accused pleaded not guilty, reserved his defence, and was committed to the .Supreme Court for trial. Mr. E. J. Fitzgibbon, vho appeared for accused, intimated that the -defence would be an alibi. Bail was allowed in a personal deposit of- ,£SO. Arthur Gilford St. Clair Isbistcr appeared in the dock to answer the following charges:—(l) That, on February 28, at Ngahaurauga, he stole a heifer valued at £2 10s., the property of Timothy Twomey; (2) that, on March 3, at Wellington, he stole a horse valued at X 23, tho property of Samuel Burton; (3) that, on March 7, at Wellington, he received .£l2 from.Robert Hancock, in terms requiring him to account for it to Sarah Burton, and he failed to do so, thereby committing theft. Mr. P. W. Jackson, who appeared for accused, asked for a remand for one week. Chief Detectivo Broberg had no objection to offer, and tho remand was granted. John O'Neill, a seaman on tho steamer Kumara, pleaded guilty to a charge of absenting himself from his ship without leave. Ho was ordered to forfeit two days' pay, and defray the costs 75., in default to undergo 24 hours' imprisonment. Julius Lamberg, who was found drunk while in charge'of a horse and cart on Tuesday, did not appear to answer the charge called against him yesterday morning. Ho was ordered to forfeit his bail of 205., or undergo 4S hours' imprisonment. William Reynolds Scholefield pleaded guilty to a charge of drunkenness, and lo a further charge of procuring liquor during the currency of a prohibition order. He also admitted two charges of entering licensed premises during the ourrency of a prohibition order. For the lirst offence he was fined 10s., with the alternative of 18 hours' imprisonment, and, for the second offence, a fine of ,£.'! and witness's expenses is., was imposed, the alternative bciug seven days'-impri-sonment. On the remaining two charges, accused was convicted and discharged. Mr. P. W. Jackson appeared for tho accused. On a charge of drunkenness, John O'Neill was fined 10s., with the option of ■IS hours' imprisonment. Susan M'Laughlin. for drunkenness, was fined 55., in default 21 hours' imprisonment.' Two fiist-offendiug inebriates were convicted and discharged.