RESIDENT MAGISTRATES COURT.

Hawke's Bay Herald, Volume 11, Issue 839, 30 March 1867, Page 2

RESIDENT MAGISTRATES COURT.

■ Tuesday, March. 26. (Before John Curling, Esq4 P»..M.) . Larceny. : y yyPatrick Riles: was charged witb having feloniously stolen 2 pairs of boots, tbe property of Dr. Watsohr Tlfe 'following evidence was adduced :— r,- i- Vy r -. • » y\ James Watson on -'99tb-ftat.es, 7— l.,am Sforgeon on the Staff.. . On Monday the 25 tb inst. I missed 2 pairs of boots from a rtoom which I occupied in tbe barracks. $The last time I saw tbem' was- on Sunday morning the 24th inst, - I bad been but ocsiohally from the time I saw the-i' tfritil I missed tbem. I was informed by my servant that two pairs of boots which Were supposed to be mine had been offered for sale at Mr. M'lntyre's. X went '-to Mr. M'lntyre. One pair of boots was given to me by the barman, who brought tbem from up stairs.' They were iay property. I returned to the barracks, when the other pair was brought to me by 1; solßier, wljto said that they' were sent by Mr.' M'lntyfe.Vho had given 10s for them. , I value!" them- at £3. . " - . -AZ&y . John Walker on oath states :-— I pa. Br. Watson's servant. On Monday I went into 7 Dr. Watsdn's ro'OEo, who asked me if I was cleaning the short Wellingtons. I told him no, as I had cleaned them the morning before. From information I received I went to Sergfc. Bird, who told me that two pairs of boots had been offered for sale the previous night -to Mr. M'lntyre at tbe Canteen. Bird also told me that be had given the barman a pair to keep, as he suspected they had been stolen. After Dr. Watson had obtained the firstpairfrom the barman, I returned to Mr. M'lntyre, who gave me, in his own house, the second pair of-boots, which he said he had given 10s for, They were the short Wellingtons. Soldiers are not in the habit of wearing long ': W^l- '" lingtons, but they do occasionally wear short boots. I then asked M'lntyre tbe name of the man from whom he bought them, . who said that he would hot tell his name., -Mr. M'lntyre's 'barman then said it was'wrong that an innocent man, meaning' me, should be charged with the theft,- and that it was Patrick Riley who sold the boots, and that Patrick Riley requested him not to expose the boots, until the detachment had left tbis place. ,: „ -. t Charles M'lntyre on oath states : — I am a publican residing at Napier. On Sunday last the 24th inst., a soldier came tome and requested me to lend him 10s on one pair of boots which he had with him. The pair of short Wellingtons in court are the ones he had with him. I do not know who the soldier was. I did not ask him his name.. I don't know that it was the prisoner at the bar. I gave him the 10s and took the boots. On Monday morning I heard. Dr. Watson's servant talking about two pairs pf boofcs having been stolen from his master. 1 then sent the boots by a man of the name of Steel, who is working for me, to Dr.' Watsou and to tell him that I had given 10s for them. Robert Burge, on oath states: — I am a Sergfc. in the 12th foot.. On Sunday the 2 4fch insfc. I was on duty in the Canteen. About 4 p.m. I saw the prisoner come into the Hotel, he had something under his copt. He. called Mr. M'lntyre's barman into a little room off the bar. As I went towards the. room I saw both of them coming out. I saw one pair of boots (the long ones before the court) lying on a chair in the little room. I spoke to the prisoner about the boots, who said he knew nothing about them, and he walked away. I then called the barman and told him to take charge of them, as I had a suspicion that they were stolen. By Prisoner : — -I never saw the boots in your possession, but from thebulgingoutof your coat when you came in, you appeared to have something under it. Mark Sharp on oath states: — I am at present barman at Mr. M'lntyre's Hotel. I know the prisoner well. . He, oame first to me, I do not know the day, and asked me if I wanted to buy a pair of boots. After some conversation he went away and brought a pair of long boots now before the court. We went into a little room, and he told me that he had stolen them. The prisoner was found guilty, and sentenced to six months' imprisonment with hard labour. Thursday, March 29. Receiving Stolen Goods. Charles M'lntyre was charged with receiving one pair of boots, knowing tbe same to have been stolen. The following evidence was adduced : — Thomas Scully on his oath stated as follows : — I am Inspector of Police of Hawke's Bay. On the 24th day of March inst., two pairs of boots were stolen from Dr. Watson's room at the Barracks, and a soldier of the name of Patrick Riley was tried and convicted afc the Resident Magistrate's Court afc Napier and was sentenced to 6 months hard labour. And at the trial it appeared thafc one pair of boots (the short Wellingtons now before the court) was found in ths possession ofthe prisoner. And by the instructions of the Resident Magistrate I have laid the present information. John Walker on his oath stated as follows : — I am a private in H.M. 12th foot. lam the servant of Dr. Watson. On Monday morning the 25th March I went into my master's room, and from conversation which took place between himself and me I had reason to suspect the two pair of boots belonging to him had been stolen. I re- 4 ported the circumstance to Sergfc. Morris of the Purveyor's Staff, he told me to go, to Sergfc. Burge, which I did. He, Sergt. Burge, told me that two pairs of boots had been offered for sale at the canteen the previous evening while he was on canteen duty. After some conversation which I had with the Sergt. I went for. Dr. Watson, who came with me to the canteen, and we obtained , from the barman the long pair of boots . which we took home. I then returned to the canteen ancl asked the prisoner about the short Wellingtons ; he brought the boots and gave them to me and told me that he had purchased the boots for. ten shillings and tbat I was to tell Dr. Watson tbis, so ; thafc, he the prisoner, might, recover the ten shillings from Dr. Watson. I was very anxious to find out the person from whom the prisoner had purchased them, and I said that I. would not mind giving a pound to? find out, but M'lntyre (the prisoner) said that he had promised not to expose the :; name of the person and that be would $Qt »• doso.'.. .••. ■y. '-Zyx... A-y. y'yA Richard ftlaunsell on oath stated as fol-^i

:/.****w»iw«p«-qw«^p»*^ M »~ WM^''' , - a *~'»; " I| i****— *»*-■ lows :- i ~l am Lance Corporal in H.M. 12th foot.; Qn Monday morning the 25th March ; I was at the Sea View Hotel (tbe canteen). Private Walker asked Mr. MTufcyre in my presence about the pair of boots now before the Court whether he knew anything of them or had tbem in his possession. Mr. M'lntyre stated that he had the boots, and that he bad purchased them from some one whom he would not mention. Wheu asked by Walker for the name of the man, he, said he would not tell it as he had promised to keep ifc.secret; he had purchased them from a soldier and let them find out. ; The defendant made the following statement :~- On Sunday the 24th March I was preparing to go on board the Montmorency and was also serving in the bar while the barman was at his dinner. In the bustle some, one, I do not know whether he was a soldier or a Military Settler, oame in and said lend me ten shillings on these. I knew them to be boots as they were covered up with a cloth, I told him that he must pay me to-night, and I gave him half a sovereign, and he handed me the boots. I then went out and did not return until eight o'clock that evening. On Monday morning I was in bed in a little room off the bar when I overheard a conversation about some boots, and it occurred instantly to me tbat the pair of boots (I bad not yet undone the parcel) might be one of the pair that they were talking about. I immediately got up and went out, and I told a man named Steel to go and tell Dr. Watson that I had a pair of boots that might be his. Then Dr. Watson's servant oame into the bar, Jand I told him to tell Dr. Watson that I had given 10s for them and left it to himself whether he would repay me the 10s which I had given for them. I sent the boots to Dr. Watson. In regard to the conversation in which I am said to promise secrecy in the matter, I think I said I could not tell, the man, and I deny that I said that I would not tell the man, because I did not know him myself. I have nothing more to say. ." The Magistrate said .—lt is not necessary to go*on further with this case, as it does nofc appear tome that there is sufficient evidence to justify me in committing you for trial — but although you have escaped committal, you justly, in the opinion of the court, deserve the exposure arising from these proceedings.