RESIDENT MAGISTRATE'S COURT.

Hawke's Bay Herald, Volume XXI, Issue 5359, 18 April 1879, Page 2

RESIDENT MAGISTRATE'S COURT.

Tiiursday, April 17.

(Before R. Stuart, Esq., R.M.)

DRUNKENNESS.

George Wilson pleaded guilty to this offence, and was fined ss.

FALSE PRETENCES.

Emost H. C. Plowdon was brought up charged with, having obtained money by false pretences from Mr Tancred, but, on the application of Inspector Scully, the case was adjourned .till Monday next. Bail was allowed, prisoner in £50 and two sureties of £50 each. nOUSEBREAKISTG AND ROBBERY. John Eussell and Richard Winter were brought up on remand from Tuesday, charged with having feloniously entered the house of MargaretM'Kenna, and stealing therefrom the sum of £7, the property of James Moore. The evidence of the prosecutor (James Moore) appeared in "Wednesday's Herald. Constance M'Kenna, a girl apparently about ten years of age, deposed : I know both prisoners. I also know the prosecutor, Mr Moore. I recollect Saturday last, the 12th inst. I saw Mr Moore at my mother's house that night. He stayed all night. I saw Eussell at the house that night. I did not see the other prisoner, "Winter, there. Eussell was twice at the house that night. The first time he came he brought Moore with him. I He asked Moore if he would shout. Moore said, " Yes," and he sent for a bottle of brandy. He gave Eussell the money for the braady, and Eussell went to fetch it. He did not come back until it was late. He had the brandy with him. He called Moore into my mother's bedroom and asked him for 2s. He gave him a two-shilling piece. Russell then went away. My mother and Moore then went to bed. I put out the light, A good while after

Russell came to the front door and knocked, and called out my mother's name. She was asleep /and did not hear him, but I 'Heard 'him and recognised his voice. He thenfoathe to the t>ai?k' door, and he had another 'man with" him. I heard them talking oittside< Russell said to the other man^ r " Corao along,;old son." I heard Russell $urs|; the door * n : c came into the room where we were sleeping, and lit the candle. He told the other man to sit down in the kitchen. I could not see into the kitchen from where I was sleeping. Moore could see into the kitchen before he turned over to sleep again. The kitchen door is opposite the head of the bed. After Russell lit the candle he came into the bedroom and said, "Hallo, old son." Moore "turned over and said nothing. Mr Russell then' went into the kitohen, and whispered to the other man. After that he came into the bedroom again, and, seeing I was awake, he said, "Go to sleep,, you young faggofc." Etc then went behind the bedroom door. He had something in his hand like a coat. I saw him put his hand in a pocket of the coat, and he pulled out a bundle of things like notes. I could not tell how many notes there were. When he saw me looking, he blew out the candle and went into the kitchen. He said to the other man, " Shall we send 1 for. some beer?" The other man said, "Yes, if you like." Russell then went out for the beer. I did not hear the other man go out. A little while after Russell went out I heard the man talking in the kitchen. I could see Russell distinctly in the kitohen. The prisoner Russell returned with the beer. 1 saw something under his coat, but did not see the beer. He came into the bedroom to ' get two beer glasses. He took the glasses into the kitchen. I saw them on the : kitchen table when I got up in the morning. I heard the prisoners going out. They went out through the fence, and left ,the door wide open. . Russell used to live at our place. I know him very well. > When Mr Moore got up in the morning ;he went to his pocket and said> " I've lost isome money." He found, a one-pound •note in his pocket. By prisoner Winter : I did not see the other man who was talking to. Mr Russell, but I heard them talking. I did see Mr Moore with a handful of notes early in the evening. I saw Moore give my mother a sovereign and a half-sovereign before they went to bed. When the prisoner Russell came to the door Moore was looking but into the kitchen. I could see Moore from where I was sleeping. I sleep on the floor, at the foot of my mother's bed. I could see Moore's head from where I was sleeping. By Inspector Scully : The candle was alight when I saw Moore turning over in the bed. Russell had the candle in his hand.

The prisoner Russell on being asked whether he had any questions to ask the girl, said it was of no use his asking her any questions, as she did not know what she was saying. Margaret M'Kenna, the mother of last witness, was then called. It was with great difficulty she got into the box, upon which his Worship remarked that she did not appear to be in a fit state to give evidence.

Inspector Scully stated that Mrs M'Kenna was in a very bad condition from the effects of drink— that, in fact, she was almost in a state of delirium tremens, and would have to be sent to gaol to be looked after. His Worship asked if her evidence was very material. He thought it would be injurious to the Inspector's case if_ the witness gave evidence in the condition she was in, as she did not appear to know what she was doing. Mrs M'Kenna said it was ; not altogether from drink she was suffering. She had been very ill. The Inspector informed his Worship that her evidence was not material, and he should go on without taking it. He then called

Garrett Murnane, who deposed : I am proprietor of the Victoria Hotel, Napier. I know the prisoners. I recollect Saturday, the 12th inst. Both prisoners were in my house together on Saturday night about half -past 11 o'clbck. Winter was stopping at my house as a boarder. They left the house about a quarter to 12, taking 4s worth of brandy with them. I did not see them again that night. Winter did not sleep in my house that night. He was not at breakfast on the following morning. I have not seen either of the prisoners since Saturday night till I saw them in Court this morning. When I last saw them they had just had a drink together, and nobody else was with them. I did not see them go out together. I was not taking much notice of them.

By prisoner Winter : I had a transaction with Russell about a ring. I gave him 30s altogether that evening for a ring and a locket. I did see Russell giving you part of the money. I took the locket to raffle it.

By Inspector Scully : Russell spoke first about the ring and locket. I did not ascertain their value. The ring was gold and the locket silver. I could not say how much of the 30s Russell gave to Winter. I have those articles now. I have known Russell for the last 12 months. As far as I know, he is a bushman. I have seen him working at Mr Manoy'a. Russell told me the locket belonged to his wife. I did not ask him where he got the ring. lam not in the habit of buying jewellery from such men as Russell.

John Eldrick deposed : I am working at Mr Williams' boiling-down establishment. I know the prisoners. I live at West Olive. I recollect Saturday and Sunday last. Russell came to my house early on Sunday morning — it might be about 1 o'clock. 'He knocked at the door, and then let himself in, as the door has no lock. He introduced a friend, Mr Winter, and asked me if he was welcome. I said he was. The prisoner Winter, now in the box, is the man Russell brought with him. I gave them a bed. We had a drink, and all went to bed about the same time. I went away from the house before breakfast, and did not see prisoners again till Sunday night. Russell was at my place when I came home. He had been staying at my place for some days previous, and up to the time he was arrested. His wife is my wife's sister. I cannot swear whether he is married or not. He had money when he came to my house on Sunday morning. I saw him give his wife two one-pound notes and I.os in silver.

Sergeant O'Malley deposed : I know the prisoner Russell for some time. I proceeded to West Olive on Monday morning by the 11.30 train, in consequence of information I received. I saw both prisoners at Ruddiok's Hotel. I did not know Winter at that time. 1 called Russell out into the street, and arrested him. I told him he wav charged with breaking into the house of Mrs M'Kenna on the White-road, and the larceny of seven £1 notes on the night of the 12th. I also told him the prosecutor was James Moone. He asked me if I had got a warrant. I said I did not want one. Ho said he knew nothing about the charge, that he recollected going with a tall chap to Mrs M'Kentia's house on Saturday evening, but that he knew nothing of what happened afterwards. I arrested Winter, by warrant, on Tuesday, the 15th. I showed him the warrant. Ho read it, and said "It's all right; it's in due form." I know Mrs M'Kenna's house. I went there on Sunday night with Moore, the prosecutor. It is a tworoomed house. The bedroom door opens close to the back door of the front room. The head of the bed is just opposite the door of the bedroom. Anyone lying in the bed with light in the room could see nearly the whole of the front room, and could not help seeing anyone coming in by the back door if there waa

lighi in^e!|wnt| I searched both prisoners ; after:beirig arrested, and found no money on them. , ( .By prisoner Winter : The girl's bed was at the foot of Mrs M'Kenna's bed/on the floor. I should ;say that anyone lying on the floor, in the position described by the girl, could see a person lying on the other bed. The bed was a low iron bed 7 stead. I think the bedstead, was iron. '"■■■

That closed the case for the Orown. Inspector Scully said he did not intend waiting for Mrs M'Kenna's evidence ; it might be too long to wait. She could be produced at the Supreme Court if necesHis Worship said he did not think it was necessary to wait.. He then asked the Olerk of the Court to hand him up the statutory caution. Prisoner Winter : May I a&k if your Worship intends to commit us both, for trial.

His Worship : You shall know that presently. lam of opinion that a primct facie case for a jury has been made out against both prisoners. The prisoners were then cautioned in the usual manner. They said they would reserve their defence. Both prisoners were then fully committed for trial at the next sittings of the Supreme Court at Napier. His Worship said he regretted to see that both prisoners had been convicted on previous occasions, one for larceny, the other for forgery. He should have thought that Winter, who was a man of education, would have had a warning by his previous conviction. The prisoner Winter then made application for. bail. He hoped his Worship would grant a light one, ?s .the charge against himself was such a slender one. _ His Worship said he would grant bail, prisoner in £100, and two sureties of £100 eaoh. Russell made no application for

bail

The prisoners were then removed.