RESIDENT MAGISTRATE'S COURT.

Hawke's Bay Herald, Volume XXI, Issue 5292, 28 January 1879, Page 2

RESIDENT MAGISTRATE'S COURT.

Mokday, January 27. (Before R. Stuart, Esq., R.M.) DRUNKENNESS. William Moreison was charged by Constable Laurenson with being drunk on Sunday evening. He waa fined 5s or 24 hours' imprisonment. John Henderson forfeited his bail of £1 for the same offence. JEWELLERY ROBBERY. George Morley was charged, on remand, with having, on the Ist mat., stolen a quantity of jewellery, valued at £6 17s, the property of Mrs Goodison. A portion of the evidence in this case appeared in Friday's Herald. Edith Goodison deposed: I am a married woman, and the wife of Mr Goodison, and reside at Taradale, I know the prisoner. On the Ist of January, I missed some jewellery. I was staying at Mr Black's Q.C.E., Napier. There was a gold brooch, with a hand, a pair of earrings, a ring, and a greenstone earring. I gave information to the police, that the articles had been taken away. The jewellery (produced) was the same. I showed those articles to the prisoner among others on that day. I then placed them in a box, and left the lid open, and placed the box on the bedroom table. There was a window in the room, close to the table. The window opened from the outside into the yard. I spoke to the servant about having lost the jewellery. The servant said she had not seen them since two o'clock. I spoke to all the boarders in the house about the jewellery, and also to the prisoner on several occasions. When I spoke to the prisoner about the robbery, he replied, "It served me right." 1 saw the Sergeant of Police, and reported the robbery to him. I showed Sergeant O'Malley the room and the window. The Sergeant found some wadding beneath some stones under the window, which corresponded in appearance with what was in the box. Two men were suspected with having stolen the jewellery. A man, I believe, was searched. I told the prisoner the cook had been searched in Wellington, and warrants sent to other places. I told prisoner that I never expected to see the •articles again. He made no reply. Last Tuesday the prisoner came to me and said, "I have the things. I took them, not with the intention of stealing or keeping them, but for fear you might lose them." Prisoner said, " Don't say anything to Mrs Black about them, or wear them for- some time, as there might be some bother about them." He said, " If any other person picked them up I might never have got them again." I '

■j— —————— M—^i—Mi^a,,,,' :.';'~3?: : : . ! j then went to Mrs Black- and toldherl •: | had got back the; .articles,' but said I did- k not wish to mention names. Prisoner C | got the -brooch and greenstone earring .: i \ mended, as they were broken, whence }.j handed them back. I first missed IBe j articles between four and five in the 1 afternoon. I did not go outside the j Q.O.E. on New Year's Day. I laid down for, about a quarter of an hour, but did not sleep' between two, and .five. I never gayei.anyone permission'to take them. The set I value about £6. They costiJ9 £ JfePfo Lee : I was at the Q.O.E. about . fourweeks before the Ist of this month. My bed-room door opened on a passage. I was in the kitchen the beat part of the " afternoon. • My bedroom door waa not locked. My husband was living at Dunedin, when I heard from him last. At 6 0 clock I went to put some jewellery on, and could not find a set. There was some ]ewellery left in the box. Persons could have gone into my bedroom without my seeing them that afternoon. Prisoner might have Baid, " I might. ,or would see them again." Harriet Black deposed ; lam wife of Mr D. Black, who keeps a restaurant and boarding house in Hastings-street, Napier. 1 know Mr Morley and also Mrs Goodison. They were both stopping in my I house as boarders. On the Ist January about half -past six, Mrs Goodison reported to me she had lost some jewellery. ~J Mrs Gpodison described it. I told my husband to see the police about the matter. The prisoner knew there were enquiries about the matter. Prisoner did not let me . know anything about it. Sergeant O'Malley was several times at my house about the jewellery. The robbery was the talk of the house for days. By Mr Lee : Some forty or fifty people were stopping at my place during the holidays. .Mrs Goadison's door was in such a position that any person going upstairs must pass it. The room is a small one. . 'ii/'Vui . Christiana Odsen deposed :- j l^am'V '-' general servant employed at Mr 'Black's. 1 know the prisoner. I was at Blank's on the Ist of the present month. „jMrB Goodison spoke to me about some" of* her jewellery having been stolen. The jewellery produced is the same. I had seen them that day in her bedroom be- •- tween 2 and 3 o'clock. .About" tea minutes after I left the room. Prisbner; was in the house that day. -, He told >i; Mrs Goodison' that she had no busintfes to r'. keep jewellery there, within jsJaST of '-.'j everyone. When I saw the box ftlooked . ; as if the jewellery had been taiftn out of 3 it in a great hurry. ■ ■ -.-H&yL .;,; y ■ J By Mr Lee: I used to attend to. Jfc* ~\ Goodison's room. I did so thajPmbMng* M 1 opened the window in the nwriu^i X^ii went into the room in the afternoon to* change mv dress, and stayed Jhere* till .1 nearly 3 o clock.. Mrs Goodison%aa theit in the dining-room. After! ment *:6ufc '.>:-» Mrs Goodison went into the dbedroW.. C; She was not in the room when IlelEt it. s .s I saw her laying down in her-bed abdutfl :-^ o'clock. I commenced cooking the din- '•';'■ ncr about 3 o'clock; ; li^-Goodißoii helped me. '■'■/■ *" ; "' ; -- i ■•■ ■„ .-• '-„■;• . Mr Leeaddressed the Court on 1 b^h^V of the prisoner. He contend^d^hat there 5: \ was no prima facie case against him, and # that the accused simply took the je,well6£y ~}\ in his charge, to takecare of it., i'H^aif ": mitted that it was very foolish on his part, but he submitted there was no case whatever for a jury. ■: .•-::- .-!> ; -'j His Worship said he thought the case / was a very strong one against the prisoner. He had kept the jewellery for a considerable time, and had caused innocentffieople to be suspected of stealing it. • ; ; v ; On being asked whether" he had anything to say, the prisoner made no reply. - He was then committed for'trial at, the : next sitting of the Supreme Court at Napier. Bail was allowed, himself- in £<>0, and two sureties of £50 each, j/LARCENY. Annie Dowd was charged, on remand, with having stofen a pair of boots, the value of 12s, the property of Thomas ; Williams. **.*.. r pZ(l Mrs Williams deposed that on the ; 2lst of January she missed a pair of gentle- ~ men's boots. She Baw the prisoner at \. the door. She then saw prisoner going away with the boots in a bundle. On the 23rd Inspector Scully brought a pair of boots, which she (witness) identified as those which had been stolen. Prisoner : Wasn't I tight at the time, ma'am? Witness : I cannot say. Edward Louis Smith deposed that prisoner brought him a pair of boots to the Shamrock Hotel, and offered them to him. for ss. He took them and put them on the shelf, as he thought they had been stolen. She again came in the morning, /,- and asked for four pints of beer as payment of the boots. : Inspector Scully stated that he received a note from Mr Smith- about the boots in question. He went out to the Shamrock and took possession of the boots and brought them to Mrs Williams, who recognised them at once. I The prisoner said that she was so tight at the time that she had no recollection of the occurrence, but if "Rig WJrship would let her go this time she Should never come before him again. His Worship said it was a great pity she had such a bad memory. However', as this was her second offence of the same nature, she would be sentenced to one month's imprisonment. ROBBERY FROM THE PERSON. William Donaldson was brought upon remand, charged with stealing nine £1 notes from Solomon Black, on the 21st inst. The chief portion of the evidence in this case has already appeared in the Herald of Friday last. , Mr Lee appeared for prisoner. Solomon Black deposed : lam a bushman residing in Napier. On the 21at inst. I sold a horse to Joseph Wells, t)ie blacksmith, about 9 a.m. The price was £10. I changed one pound note to pay for drinks at the Criterion Hotel. I had. nine notes left. I kept them in theleft)!k hand breast pocket of my coat. I am sure I had the money in my pocket when • I went into Wells' shop, after leaving the Criterion. I went- into the blacksmith's shop about nine o'clock, shortly after I sold the horse. I laid down on some bags, and prisoner came to me and asked me to lend him a pound which I had promised him. He shook me up, and took hold of me by the collar. I recollect nothing more until the policeman came and took prisoner in charge. I had two drinks after I sold the horse. I was not quite sober when I sold him. Ido not know who took my money. The prisoner is the only man I recollect handling me. I did not miss the money tilljthe policeman came, lifted me up, and searched me. By Mr Lee : I have known Donaldson for four years. We have had no business together. I was cutting grass with prisoner in Poverty Bay. 1 stayed at the Spit the night before tho money was stolen. I got up between 5 and 6in the ' morning. I came from Poverty Bay overland. When I left Poverty Bay I had £40. I was about a fortnight coming down from there. I had only £5 when I got to Napier. There were two of us together. I gave my mate £3 at Villers ; and I crossed the Spit with £2. I spent a good deal in drink on the way from. Poverty Bay. I had not a shilling left before I sold my horse. Out of the £2 I' . had left I paid 108 for shoeing my horse,! paid for my board, and spent the rest. When I lay down on the bags at WellsN&t;. was more from fatigue than liqpor. The people who were drinking with me at the Caledonian were strangers to me, except Wells and the prisoner* The blacksmith counted the meney into my own hands when he paid me at the Criterion. I took out one note before I put the rest back in my breast pocket. I saw my money when I was about three yards from the black : smith's shop. I only remember going to/ one public-house. ' " ;

Henry John Hills deposed : I am o blacksmith, working for Mr Wells. On the 21st inst. I saw Black and the prisoner in the shop about 11 o'clock. Black was lying on some bags, and prisoner was lying near him. Prisoner was feeling about Black's pockets. Black was rather drowsy, but prisoner was not. I asked Wells to go and fetch a policeman. He went out the back door to find a constable, but could not find one. Prisoner oame up to me and asked for a light. He said he would give Wells 5s now, that he was not hard up. I looked over the door to see if the policeman was coming. Priaoner lay down in the same place again. Mr Wells then brought a constable, who took prisoner away. I did not see prisoner take any money from Black. Conatable Laurenson deposed to arresting fthe prisoner at Wells' shop, and charged him with robbing Black of £9. He searched him at the lock-up, and found 4s in silver on him. He afterwards saw Black, who appeared to be drunk. The constable asked him if he had lost any money ;he said he did not know. He then searched his pockets, and found three or four shillings on him, 1 but no notes. The prisoner said nothing to the charge. By Mr Lee : I went back to Black about ten minutes after I took prisoner away. I left Hills and Evans with him. Prisoner appeared to be under the influence of drink. That closed the case for the Crown. . Mr Lee addressed the Court, contending that there was no proof whatever that prisoner stole the notes in question. His Worship thought there was not sufficient evidence to convict the prisoner of the robbery. He would therefore be discharged.