RESIDENT MAGISTRATE'S COURT.

Daily Telegraph (Napier), Issue 3786, 3 September 1883, Page 3

RESIDENT MAGISTRATE'S COURT.

Tins Day. (Before Captain Proecc, R.M.) DRUNKENNESS. Thero Avas one person, a female, charged with the above offence, and on the application of the police she Avas remanded for thrco days. A PECULIAR CASE. Johnstone Boyle was put forward on >, remand charged with the larceny of £9 from the person of AVilliam McGoAvan, on 25th August. Mr Lee appeared for the prisoner, and Inspector Scully conducted the case for the prosecution. AVilliam McGoAvan, described as a cook out of employment, said ho saw tho prisoner, Johnstone Boyle, on Saturday, 25th August, in Napier, shortly after the arrival of the morning coach from Taradale. Witness, the prisoner, and another man had a few drinks together in toAvn, and then started for the Spit. Could not say exactly what amount of money he had on him at that time, but could give a guess. The party stoppod at the Shakespeare Hotel, Avhere witness "shouted" tAvo bottles of champagne. AVith Avhat drink Avitness had before and the champagne along Avith it Avitness felt sick. He was under the influence of liquor. The prisoner then advised Avitness to go and havo a lie doAvn in the stable, and took hold of him and conducted him there. On the Avay to the stable Avitness felt prisoner's hand in his pocket, but took no notice of the fact, not being suspicious of anything. AVitncss said to prisoner that he Avould like to go to Mr Johnstone's Star Hotel, and Avould not lie in the stable. Prisoner thereupon took Avitness back to the hotel, and put him into a trap Avith two men to go home. One of PT tho men in tho trap was one of the party >_who accompanied witness from Napier. Tho prisoner Avent aivay in a trap in another direction. When witness arrived at the Star Hotel ho put his hand in his pocket to pay the trap hire for himself and tho other mon Avho wero with him, and all he found in it was 3s 6d and a certificate of character given him by Mr Scale, AYhere he Avorked last. He accused Tollison, one of the men who Avcre with him, of having stolon it, and ho denied it. AVhcn at the Shakespeare Hotel Mr Christy took from witness, previous to his going out to the stable, one £5 note, four £1 notes, and some loose silver, to keep for him. Mr Christy wished to give a receipt for tho same. Shortly afterwards witness got the money back. Mr Christy, ho thought, put it in tho pocket of Avitness's monkey jacket. Witness may havo put it there himself ; he could not bo positive. Immediately afterwards ho Avent to the stable Avitli the prisoner. He reported his loss to the police immediately after missing the money at Mr Johnstone's. [The witness here identified one of the men avlio Avas in his company at tho Shakespeare, and Avho came up in tho_ cab with him to Napier; ho also identified Tollison as the man avlio was with him from tho time he left town until his return to the Star Hotel.J AVitncss Avas under the influence of liquor ivhen ho left town, but kncAV Avliat he was doing. AVhcn he left taradale that morning he had some loose £1 notes—could not say lioav many—some loose silver, and a cheque for £12, Avhich ho afterwards cashed at tho bank. Ho believed it Avas at tho Bank of New South AVales. He got two £5 and two £1 notes. Did not rccollcct changing the two £5 notes. AVis quite certain Mr Christy counted the money when ho returned it to Avitness. Could not say lioav much of the money ho spent from tho time of cashing the cheque until he left the Shakespeare Hotel, but it could not havo been very much. By Mr Lee: AVitncss believed he left his employment on the Thursday prcA-ious to tho 25th August. He had been working at Dartmoor on the Rissington estate, and left about 10 o'clock in the morning. He reached Puketapu about an hour later, aud remained at the hotel there until 1 o'clock, when he came on to Taradale Avith a man named Flannigan. He had his dinner at Puketapu, also some drink. Ho spent 12s Gd at Puketapu. He stopped over night at Taradale, but could not say exactly whether it Avas Thursday night or Friday night. To tho best of his knowledge he stopped only one night at Taradale; he might havo stopped tAvo nights. AVas not sure whether he Avent over at all to MiRyan's hotel; he stopped at Mr McCartney's. He had some drinks and good "tucker" thero. Could not say Avhcther or not ho Avent to bed sober on Friday night. He left Taradale for Napier on Saturday afternoon at about 3 o'clock. After arriving in Napier he saAV Tollison and the other man someAvherc in tho streets; he could not say Avhere. Never tf.aAV Tollison before that day. AYitucss had no distinct recollection of Avhere he had boon drinking before leaving for the Spit. Mr Lee called the Avitness's attention to the fact that at tho outset lie had stated that ho came into town by the morning coach, and aftei-Avards that it Avasintho afternoon. Witness: Well, I may have made a slight mistake. I knoAv I came into town on Saturday at any rate. Cross-examination continued: Could not say what time ho came into toAvn. He might have had some drink before breakfast on Saturday. AVhile at Taradale witness occupied his time in drinking himself and treating others. "It was botter to dp that than to loaf about.'' His impression AA'as that ho Avas in the bar at the Shakespeare Hotel. Witness could not recollect which side the prisoner took hold of him ; ho might have had him on his back for all witness could recollect. Could not say in which pocket prisoner put his hand. To tho best of Avitness's knOAvlcdgo he Avent to the stable of the Shakespeare Hotel with the prisoner. He thought they went in, but could not recollect to be certain of it. He only had a recollection of saA'iiig- to the prisoner, '' Do not leave me iii the stable." It Avas when in tho yard Avitness felt the prisoner's hand i in his pocket. It .vas the prisoner avlio suggested that witness should give his money to Mr Christy to tako care of for him. Did not knoAv the name of the man avlio ■ drove him into toAvn from the Shakespeare Hotel. AVitncss had a slight recolloctlon that the prisoner put him into the trap at v the Spit. AVitness might or might not be astonished to learn that the prisoner was away from the Shakespeare Hotel at tho time Avitness loft in the trap for toAvn. (Laughter). Did not knoAv in Avhat direction the prisoner Avent Avhen thoy parted at the Spit. Could not say Avhcther the prisoner left the hotel before or after him. Did not knOAV if there Avas more than one trap outside the hotel when he left. The case Avas still proceeding when Aye Avont to press.