RESIDENT MAGISTRATE'S COURT This Day. (Before H. S. Wardell, Esq., R.M.) A LIKING FOR TOOTHPICKS.

Evening Post, Volume XV, Issue 210, 7 September 1877, Page 2

RESIDENT MAGISTRATE'S COURT This Day. (Before H. S. Wardell, Esq., R.M.) A LIKING FOR TOOTHPICKS.

Charles West and Francis Mason were charged with stealing, one sovereign, three oranges, and oue apple, the property of Albert Blake, proprietor ot the American Restaurant, Lainbton Quay. Prosecutor said prisoners came into his shop, and were served with supper iv a room behind the counter. From some communications made to him, witness went to the till, aud found that a sovereign had been abstracted since prisoners entered. He accused prisoners of the robbery. They became abusive, and tried to escape, but witness and another man secured them until a constable arrived. When searched, a sovereign and the fruit named in the charge were found on West. Frederick Luscombe, a cook, said he* was getting supper at the restaurant when prisoners came in. He saw West go behind the counter, saying " he would have a toothpick," and he returned with an orange, which he ate He_ thought he would have a second "tooth pick," and prisoner watched his proceadingsj He weut to the till, and lifted out some money,

of which he dropped part, and put the rest into his pocket. Constable Wagland proved that when searched at the police station, two pairs of scissors, four razors, £2 15s 6Jd in money (£1 being in gold), and other things, were found on West; the other man had nothing, excepting some tobacco : another £1 note had since been found on West. Mr. Gordon Allan submitted that there was no proof that any money had been lost, or that, if so, the sovereign found on West was identical with the one missed by prosecutor; no evidence whatever had been offered against Mason. Mr. Wardell said the case against Mason rn'iist be dismissed at once. But, unleSs the evidence of Luscombe were to be entirely rejected, West was guilty, and he must go to prison for one month, with hard labor. BREACH OF LICENSING ACI. Messrs. £ddie and Jack w.ere charged with selling six bottles of ale and one of brandy, being less than, two gallons, contrary to the term of their license and to the act. tyfr. Allan appeared for the defence. . The case was fully proved, and the defendants were fined £20 and costs, a second similar charge being withdrawn.