RESIDENT MAGISTRATE'S COURT.

Hawke's Bay Herald, Volume 15, Issue 2009, 29 November 1870, Page 3

RESIDENT MAGISTRATE'S COURT.

FRIDAY, NOVEMBER 25. [Before James Anderson, Esq.. J.P., and H. S. Tiffen, Esq., J.P.] VAGRANCY. Peacock v. Lockley. — Edward Lockley, constable and storekeeper at Tapuaeharuru, was charged under the 11th sub-section of the 4th section of the Vagrant Act, with having bpen on the premises of David Peacock, Tnpuaeharuru, on the night of 16th November, without lawful reason being shown for bis presence there. David Peacock, being sworn, deposed. — I know the defendant. I left my store locked, between 7.30 and 8.30 p.m. on the 16th November. My store is also used as a dwelling-house. I went out by the backdoor. I fastened it with a padlock, and put the key in my pocket. On my return I found the door closed,' but, the padlock was not there. It had been taken off. No one had permission to enter the building in my absence. I did not miss anything from the store. This padlock and this key belong to the door. I gave the key to Sergeant Hitchcock en the 17tb inst. On that day Mcßorie, another constable, said to me, " You suspect me of breaking into your store, but it was Lockley." A. B. Hitchcock, sergeant in the Armed Constabulary, being sworn deposed. — I know both plaintiff and defendant. Plaintiff repotted to me on the evening of the loth November, that his store had been forcibly opened. I arrested the prisoner on the morning of the ]7tb, and charged him with having been unlawfully on defendant's premises. He owned to being on the premises. On the 17th I received a padlock from constable Curtice, and a key, which fitted it, from Mr. Peacock. I arrested the prisoner on the 17 th. Patrick Mcßorie, being sworn, deposed. E am a private in the Armed Constabulary, stationed at Tapuaharuru. On the night of the 16th November, I bad occasion to go to Mr. Peacock's store. I noticed that the door was half open. The prisoner had the chain of the padlock in his hand, and was in the act of closing the door. lie wns neither in nor out. I could see half of him from outside. I asked him to give me a glass of grog, and to tell Mr. Peacock when he returned that I had had one. He gave me a glass of grog. He went behind the bar and got it for me. He said he had noticed the door open and had gone to close it. By Mr. Stedman. — I went to Peacock's store to get some sugar. I knew the prisoner when he was nt Fort Galaten, eighteen months ago. I have been in the habit of getting grog at Mr. Peacock's store. The prisoner never served me with it before. Henry Thomas Curtice, sworn, deposed: — I am a constable in the Armed Constabulary, stationed at Tapuaehararu. On the 17th I heard about Peacock's store being opened. I picked . up" a padlock on that day, eighteen paces from Mr. Lockley 'a pigsty, between twentyrfi ve and thirty paces from Mr. Peacock's store. I gave it over to Sergeant Hitchcock. This is it. Cavendish Reid, constable in the Armed Constabulary, stationed at Tapuuehararu, sworn, deposed : — I was in the canteen with Mr. Peacock between 7 and 8 o'clock on the Ifith inst. I heard Mr. Peacock lock the door as we went away. I did not see him lock it. I leturned with him. The padlock was gone when we returned. The door was shut. We could not see the padlock anywhere about. Mr. Steduann, who appeared for the prisoner, said — The prisoner does not deny having been there. If they convict him, they must, convict the constable (Mcllorie) also. There is no evidence that he took the padlock off the door. The door was usually open at tha£ hour, as shown 1 ' by Mclibrie's evidenced ' Even if the "Court believes that the prisoner was guilty, they must consider that he" has already suffered some degree of punishment in being taken from his business, and in being kept in the lock-up for three or four days. The case was dismissed. MONDAY, NOVEMBER 2*B. (Before Singleton Kochforfc, Esq., R.M.) James Wilson was charged with having been drunk at Mr. Dalziell's public-house on the 2Gth instant, and with having resisted the police. For the first offence he was fined 55., with the alternative of 24 hours' imprisonment; for the second, 10s., or 24 hours' imprisonment. The money not being forthcoming, he was taken away to the lock-up.