RESIDENT MAGISTRATE'S COURT.

Hawke's Bay Herald, Volume XXI, Issue 50427, 3 May 1878, Page 3

RESIDENT MAGISTRATE'S COURT.

Thursday, May 2. (Beforo E. Boetham, Esq., R.M.) DRUNKENNESS. Frederick Ingram was fined 5s for this offence. assault. James Curry, cabdriver, was charged by Matene Kaipau, a native, with having assaulted him on the 30th April. Matene Kaipau gave evidence that he rode to the railway station in defendant's trap. He gave him a shilling, and when he asked for sixpence change, defendant struck him with his whip. The defendant admitted having struck the plaintiff with his whip, but it was in v consequence of plaintiff demanding sixpence from him, and being about to pull him off his trap. He said he had not been at the railway station for a fortnight, and he had told the native that he owed him nothing. Another cabman corroborated the defendant's statement as to the Maori coming up and demanding sixpence from Curry, and also to seizing Curry by the leg while he was driving his trap. His Worship said there was no' evidence to prove that an assault had been committed, and dismissed the case. LARCENY. Patrick Crowe was charged, on the information of Constable Mitchell, with having stolen the sum of ss, the property of Charles Stewart, hotelkeeper, of Havelock. The prisoner admitted the charge. Constable Mitchell stated that he had frequently noticed prisoner with more money than he thought he was getting as wages. He saw him going' into the bar (of the hotel on Wednesday last, to clean the lamps. He then saw him open the till, and take out two pieces of silver. Witness then arrested him, and found 'him with two half-crowns on him. Prisoner said he hoped the constable would look over it, and he would pay bim twice the sum. The prisoner, ih reply to his Worship, said that he had only arrived in Napier by the Fernglen, and that he had never been in Court before. He had been working at Mr Ormond's for about twelve months. His Worship said there was no excuse "^ for the theft which he had committed, and sentenced him to two months' imprisonment, with hard labor. ALLEGED LARCENY. Matene Kaipau was charged by Emera Takihu with having, on the 30th April, at Port Ahuriri, stolen the sum of £5 ss, the property of complainant. Emera Takihu, of Turanga, deposed that on the night of the 30th April prisoner and himself slept in the same room in the Commercial Hotel on the Spit. He put his purse in the carpet bag produced in Court. His money was all safe at the time. He locked the carpet bag with the key, and also locked the door of , the room. After he had been asleep for some time, he heard the bag falling off the bed, and saw prisoner crouching down alongside the table. He asked him where he was going. He said he was going out, and he heard him ask the landlord to let him out. He did not return. Witness then examined the carpet bag, and found that the purse was gone. He then struck a match, and found his purse lying on prisoner's bed. He examined it, and found that all the money was gone. He then went to fetch Roua from another room, and showed him the purse lying there without any money in it. At six o'clock in the morning prisoner returned to the room. Witness told him he should return him his money. He denied having the money, and witness pointed out the purse lying on prisoner's bed. He then threatened to fetch a policeman to take him (witness) in charge, and went away. Witness afterwards told the policeman to awest him. They had been living together since Friday, the 26th. Witness paid the expenses for both. Prisoner had no money whatever. By the Bench : He had four £1 notes, ODe-half sovereign, and 15s in silver in hiß purse.! The purse and carpet bag produced were his property. By the prisoner : There was no one else in the room that night but prisoner. The landlord had turned out one European previously. He was certain prisoner had no money. William Henry Gollop, hotelkeeper at Port Ahuriri, deposed that on Tuesday evening the prisoner and prosecutor slept in one room at his house. When he was shutting up at 12 o'clock the prisoner was in the front part of the house, and witness saw him to his room. He left them there. Shortly after he heard some one in the passage, and he opened the door. The prisoner was there, and said he wanted to go up to Napier. He went outside, and witness then bolted the door. Prisoner was tolerably sober. Thomas Trask, waiter at the Commercial Hotel, Spit, stated that prisoner gave him a pound note on Wednesday morning, to pay for four breakfasts. He gave the note to Mr Gollop. The note produced the same. Jamea Cosgrove, cabdriver, deposed /■ that prisoner rode in his trap several times on Monday and Tuesday. He did not pay him on Tuesday. On Wednesday prisoner asked him to drive him up to Mr Hamlin's. He gave him a note, and told him to take the fare out of it. He afterwards gave the note to Constable Harvey. Arona deposed that he knew prisoner and prosecutor. On last Tuesday night prosecutor called him to have a look at his puree. It was on the Wednesday morning. He saw the purse on prisoner's bed. Prisoner was not there then. Prosecutor gave him (witness) his purse to take care of on Monday, and he returned it to him about mid-day on Wednesday. By prisoner : He gave the purse back to^prosecutor on Tuesday. He had it two nights in his possession. Constable Harvey deposed that on Wednesday morning prisoner came to him and said that a native had accused him of stealing some money. Witness then went to the Commercial Hotel, and prosecutor told him prisoner had stolen from him £4 15s. He arrested the prisoner in town for the robbery, and took him to the lock-up, and searched him. He found on him a half-sovereign and some silver, in all 19s 6d. His Worship said the evidence of the Maori witness was very unreliable. It was evident, from the conduct of the prosecutor in giving his purse to Arona on Monday to take charge of it, that he was not in a position to do so himself, and that both prisoner and prosecutor had been drinking together. He said that there was so much uncertainty surrounding the whole case, and so little evidence to support it, that he was not justified in sending it to a jury. The prisoner was therefore discharged.