RESIDENT MAGISTRATE'S COURT

Daily Telegraph (Napier), Issue 3179, 6 September 1881, Page 3

RESIDENT MAGISTRATE'S COURT

TUESDAY, SEPTEMBER 6. (Before H. Eyre Kennv, Esq., and Captain Proeoa, R.M._.) DRUNKENNESS. John McDougall, charged with tbis offence, failed to appear and his bail was estreated. William Maynard, charged with the same offence, was fined os and costs, or 48 hours, civil cases, Knight Brothers v. Evans, claim for £14 10s lid for goods Mr Lascelles appeared for plaintiffs, and judgment was Riven for plaintiffs for the amount, with costs and counsel's fee. Murray, Roberts and Co,, v. Partington, claim £21 3s 6d for goods supplied. Mr Lascelles appeared for plaintiffs. Judgment for plaintiffs, with Co3ts and counsel's fee. Heron v. Pollington, claim £9 14s 9d. Mr Lascelles appeared for defendant, confessed judgment, and asked the Court to make the payments as light as possible, on the ground that defendant was an invalid. The Court made an order rthat the amount should be paid in two payment extending over six months. Higgins v. D. Ferguson, a judgment summons, claim £8 Is. The plaintiff, sworn, stated that he had sent to defendant money sufficient to bring him to answer this summons. There was no appearance of defendant, and the Court ordered that the amount, with costs, be paid forthwith, or defendant be imprisoned in Gisborne gaol for one month. Waite v. McTnerny, claim £6 17s, Judgment summons. Ordered that the amount be paid within fourteen days, or defendant to go to Napier gaol for one month. Lascelles v. Whelan.—This was a claim for rent, and turned upon a question of tenancy. After hearing evidence and counsel on both sides at the last sitting of the Court, His Worship now gave judgment. Holding from the evidence that tbe defendant was a tenant at will, the order of the Court would be that defendant give up possession of the premises on the 10th of September, and that he pay the rent due and costs of the action on or before the 9th iustant. POST OFFICE FRAUDS. F. D. Rendle, brought up on remand, was further charged with stealing a letter, the property of the Postmaster-General. Ebenezer Price, sworn, said he remembered inspecting some pieces of burnt paper with Sergeant Mahon. The paper produced contains the end of a signature of Price and Innes in his handwriting. There was also the end of the word "oblige" in his handwriting. The scrap formed part of a sheet of note paper such as he was in the habit of using. He believed he addressed a letter to the prisoner about two months ago, but not oh that paper. The letter of which the scrap formed a part was not addressed to the prisoner. He was in the habit of posting all letters written by his firm. The letter in question would not be a monthly account. He could not recollect ? J anything about that particular letter. The prisoner declined to ask witness 'any questions. Sergeant Mahon, sworn, stated he recollected receiving from Detective Grace a quantity of charred paper. The piece sworn to by last witness was amongst it. He showed the piece put in to Mr Price; he copied some of the words on it. He showed some of the fragments to Mr Michaelson. Besides the fragments alluded to there were a krge number of others with writing on. After going through them he found 71 pieces with different kinds of writing and printing on them, some parts of promissory notes. He had a copy of all the writing. On the 24th he received a number of stamps from Detective Grace, in groups of two, three, and four, and some single stamps. (Previous evidence as to stamps repeated.) On seven of the pieces of paper attached to the stamps there was writing. Harold Michaelson, called, repeated his previous evidence as to some of the charred fragments being portions of a letter written by him and posted for Copenhagen. Detective Grace, sworn, said he remembered making a search in prisoner's appartments on the 23rd August last. He continued tbe search on the following day in company with Mr Grubb. On that day they found a quantity of burnt paper in a grate in a room occupied by the prisoner. Seeing that there was writing on the paper he took possession of it, and brought it to the police station, and kept it under lock and key until he handed it over to Sergeant Mahon. It was in the same state as he found it. There was no appearance of any other ash in the grate, and no appearance the grate having been used for some time previous. He received a number of stamps in a purse from Constable Foster, and handed them over to Sergeant Mahon. Constable ".Foster repeated his previous evidence in connection with the case. John Grubb, called, repeated his previous evidence, and corroborated the evidence of Detective Grace as to searching J the apartments of prisoner. V Tbe Court then indicated its intention \ of committing the prisoner on the charge, but postponed doing so formally until the whole of the charges had been dealt with. The prisoner was further charged with having certain instruments for housebreaking purposes in his possession without lawful excuse. i The prisoner pleaded not guilty. / ft Detective Grace, sworn, said on TuesL \\ day the 23rd August, he made a search \f* in the prisoner's apartments at the Post Office. While making the search Sergeant Mahon lifted the bag produced out of a box. The prisoner was present. He ssked the prisoner what the bag contained. The prisoner replied " a quantity of old nails." Witness opened the bag, and found it contained the twenty-five skeleton keys produced. He also found

tf-n ordinary keys, which he produced. They are such as a bursrlar would have in his possession for filing down for skeletou keys. He also found iv the box a cramp, a b--' I —he, four file?, one chisel, and two screw-drivers. These are instruments which would be used in making the skeleton keys. The blank key produced was to insert in the lock, and get an impression of the wards for the purpose of filing down. He made a thorough search of the apartment. He found no other tools. He can say from his experience as a detective that the instruments produced are house-breaking tools. They are instruments such as he had found on persons arrested for burglary. When he opened the keys out he told the prisoner what the keys were. The prisoner then said, "I picked the keys up in a house I occupied some years ago." The ordinary keys prisoner said he had picked up from time to time. The keys were tied up in sizes. After taking the keys he tried them, and openod several business places in town without difficulty. • By the Court: The keys were in a box, not locked up, but there were a number of other things over them. Sergeant Mahon, sworn, stated he accompanied Detective Grace in his search of prisonors apartments, and corroborated the evidence of Detective Grace. At the close of the evidence the prisoner was asked for his defence, and replied that he had found the instruments in a house he formerly occupied, had removed them to his apartments at the post-office, but had never used them. His Worship then dealt with the case summarily, and sentenced the prisoner to twelve months' imprisonment with hard labor. The prisoner was then committed to take his trial at the next fitting of the Supreme Court on all the charges in connection with the stealing and opening of letters.