MAGISTRATE'S COURT.

Dominion, Volume 5, Issue 1275, 2 November 1911, Page 3

MAGISTRATE'S COURT.

(Before Mr. W. G. Riddell, S.M.) ENGAGEMENT RINGS, WELL-CONNECTED MAN IN TROUBLE SENT UP FOR TRLM. Cecil Braithwaite, the son of a wellknown business man in Dunedin, was charged with having stolen three diamond rings. Mr. Herdman appeared for the defence. Tho police case was to the effect that Braithwaite obtained tho rings from a jeweller, representing that he was "engaged." He afterwards pawned two of the rings, while a third disappeared. Two of tho rings were valued at £26 10s., and the Tfiird at S:8. Montague Heinemann, who had "sold" the rings, stated that lie knew that accused was respectably connected in Dunedin. Prior to tho rings changing hands, Braithwaite had represented to him tljat ho was engaged to be married, and that was bis reason for requiring a ring. One ring was given on approval on September 24, «uid, later, Braithwaite obtained two others. The first ring was valued at £8, and the others at £12 and £14 respectively. The arrangement between him and Braithwaite had been that payment should be made on the next day. Accused proposed to keep two rings and return one. As a matter of fact, noue of tho rings had bean returned, no payment had been made, and witness had heard nothing more from Braithwaite. To Mr. HeTdman: He knew that Braithwaito had well-to-do people in Dunedin, and had not hesitated to trust him. The transaction was entered in witness's ap-proval-book, but not in his ledger. Mr. Herdman; I suggest that you made a sale to him. Witness: No sale was made._ Further questioned, witness s'tntod that he would have instituted inquiries before accepting a promissory note from accused for, three rinfrs. He would, however, have b;en prepared to accept a promitsorv nole in respect of two rings. Wm. Harris, pawnbroker, Cuba Street, stated that, on Octobtr 24, Braithwaite bad pledged a diamond ring (produced). Two days later lie had called again, and had sold the pawn-ticket for 10s.

Waller Smart, pawnbrcke:, Willis Street, demised that, on October 2-t. Braithwaite had called at his shon, and had pledged a diamond ring for £5. Defective Cameron said that he had found a pawn ticket in Brait'hwaitc's possession when the lakt'or was arrested. Braithwaite then told him that the third ring had been stolen from him and showed a cut in his clothing through which, he alleged, it had been extracted. He understood that Braithwaite had been an inmate of the inebriates' home at Eotoroa.

Mr. Herdman submitted that the evidence before the Court would justify an acquittal—it pointed to a sale. The seller of (he rings handed them over to a young man whom he was prepared to trust, it being agreed that the latter should keep them or return them within a specified time. As the goods had not been returned within the time specified, the tr,m«nr.tion constituted a salt. Counsel cited the Sale ef Goods Act, in justification of this contention, and expressed the view that the seller of the rines had no other remedy than a civil action to recover their cost.

The magistrate remarked that he was not prepared to decide in favour of tho defendant. The contention raised by Mr. Herdman might' be raised again in a higher court. A plea of "Not Guilty" was entered and accused was remanded to tho Supreme Court for trial. HAMPER AT THE OPERA HOUSE. CUSTODIAN ACCUSED. Some time was spent In an effort to unravel the facts concerning the temporary disappearance ot a hamper, containing leather samples, whicli Messrs. U arnock liros., of Auckland, shipped by the iMonowai Irom that town to Uunedm on September 27, 11)10. Tho hamper did not arrivo at Dunedin and, Ultimately, the Union bteam Snip Company nad to compensate its owners lor its loss by meeting a claim of £47 Bs. 'Jd. When tlie Jlonowai called at Wellington, en route to Dunedin, on the trip in question, she had landed 2ti tons of scenery and "properties" belonging to the ••Sweet Nell ot Uid Drury" Company, it is supposed that tho hamper containing leather was landed in error at Wellington, and accompanied tho theatrical "properties" to tne Opera House, where it was recently found empty by the police.

Frank Roberts, caretaker of the Opera House, was charged with tho thelt of the hamper and of the leather which it contained. Mr. C. R. Dix appeared for the defence.

Employees of tho firm to whom the hamper belonged, gave evidence. Andrew Iteid, a carrier, stated that he knew accused, who was custodian of the Opera House. About six months previously Roberts had asked him to take a certain quantity of leather from the Opera House, store it' at' his lesidence, and if possible, endeavour lo sell sorno portion of it for hiiu. Witness stored the leather and endeavoured to sell some of it, but did not succeed. Ho knew that Roberts was not' a leather merchant. Eventually witness handed over the leather to Sergeant Mathoson. To Mr. Dix: The leather was stored in a cellar at tho Opera House which also contained a number of stage "properties" bolonging to "The Whip" Company. The police had found . the leather upon his premises underneath a bed.

Evidence was also given by Geo. Reid, brother of the previous witness, Norman Aitken, claims clerk in tho employ of the Union Company, and A. Curtis, carrier.

Constable W. Taylor described an interview with Roberts in which he asked the latter to account for tho leather which ho had given to Reid. Roberts told him that it had been lying in tho Opera Houso cellar for months, and that ho had employed Andrew Reid to take it away and sell it for what ho oould get, as it was of no use to him. At tho station accused made a statement to Sergeant Matheson. Lator, at the Opera House, accused handed witness the hamper. It boro a fragment of an address tag, and a label of tho New Zealand Express Company. Accused had told him that he was to divide tho money received for the leather with Reid.

Sergeant Jlatheson also gave evidence. A plea of not guilty was entered, a*d accused was committed for trial. The magistrate remarked that the case was not a very strong one, but that it was proper that it should l>e referred to a jury. Bail was granted in tho sum of JMO and two sureties of ,£'2o each. THE WALLACEVILLE WHARE. Two residents of t'pper Ilutt, Henry Edward Whitemnn and Leonard Edwards, wcro charged with theft and with sotting

fire to a wliaro at Upper Ilutt. Mr. 'Wilford appoarwl for tho defcncc. The policc_al!cgo(l that, on tho night of September 27, the two accused men broke fl'.wl'&ro owned by Jlr. Geo. Tjconnrd H akelin, builder, of Wellington, stole a quantity of clothing, fishing rods, and fisuinj requisites, of the total valuo of illl Bs. 6d., and afterwards set Etc to tho building, which was totally destroyed. Mr. Wakelin stated, in evidence, that tho building was worth ,£BO, and its contents £27. There was an insurance of £50 on tho building. Tho contents were not insured.

John Martin, railway guard, residing Hutt, deposed to finding a bog of clothing on the hillside, which was afterwards identified as having been stolen irom tho whare.

Detective Kemp put in a statement from each accused. Both admitted tho offence. Answering Mr. Wilford, tho dctectivo denied having adopted tho "zigzag" method of saying to each man separately: "You may as well own up; the whole thing is up'" Constable Mahony, in charge at Uppor Ilutt, stated that portion of tho stolen property had been returned to him by the accused. Whitoman was a married man with eight children; Edwards was single. Both had previously borne a clean record.

Both men pleaded guilty, and they wero remanded to the Supremo Court for sentence. Air. Wilford stated that arrangement had been mad© to take the case in the Supremo Court cn Saturday morning. Bail was fixed at £1)0 in each case. THOSE EIGHT WHARF ARRESTS. Tho eight men who stiid charged with having stolen abrut 251b. of Havelock tobacco, of a total value of £7 10s., tho property of tho U.S.S. Compiny, from tho Moana, lying in port, wero remanded ti appear again on Wednesday nest. SUNDRY LAPSES. Jabez Wooldridge was called upon to pay 405., or be imprisoned for seven days, for breach of a prohibition order at !<>wer Hutt. J. W. M'Kain, convicted of having procured liquor for Wooldridge, was fined £4, in default fourteen days' imprisonment. MaTy Thompson was accused of stealing £15 It was intimated that she had made restitution of the amount, ~ud she was convicted and ordered to como up for senteu:e when called upon, on condition that she should go to the Salvation Army Home and stay there for three months. John Henry Brookes, a person with a record, was fined 205., for being drunk while in charge of a horse, and an equal sum for breach of a prohibitum order. Sylvia Jt'lntyro appeared charged with having obtained board and lodging to tho value of £5 10s. at Christchurch by means of false pretenccs. On the application of Chief Detective Broberg she was remanded to appear at Christchurch to-day.

CIVIL CASES. (Before Dr. M'Arthur, S.M.) SAWiIILLER'S CLAIM FAILS. Geo. Gardiner, a sawmiller, of Taibape, proceeded against l l '. Groer, Fielding, tor the sura of £9 14s. Bd., which he claimed as tho unpaid balance of an account for timber supplied to one TycTman. Having heard evidence, his Worship noisuited plaintilf on tho ground that Greer had been only an agent for Tyerman. Costs amounting to £4 14s. Gd. were allowed to defendant.

Plaintiff was represented by Mr. R. Beere, and Mr. J. J. M'Grath appeared for tho defendant.

Tho summer is over, and, oh dear me, What a very wet summer it proved to be! Old Jupiter Pluvius turned the tap Full on—and forgot it—the careless chap! But now we see the Ion.? Winter ahead, Take no risks—we're a long time dead! Against Influenza, your lives insure. By taking some Woods' Peppermint Cure. —Advt.