RESIDENT MAGISTRATE'S COURT.

Hawke's Bay Herald, Volume XXI, Issue 5380, 13 May 1879, Page 3

RESIDENT MAGISTRATE'S COURT.

Monday, May 12. (Before F. Eyre Kenny, Esq., 8.M.) DETJNKENNESS. John Smith's bail of £1 was forfeited as he did not appear to answer a charge of drunkenness. Christopher Smith was fined 5s and costs for drunkenness. For breaking two windows and a door, the property of George Faulknor, he was fined 2s 6d, with 7s costs. STEALING A WATERPROOF. John Glover [was charged, on remand, . with stealing a waterproof coat from the shop of Messrs Price and Co., • drapers. . , Ebenezer Prioe deposed to missing a j waterproof coat from his shop on the ! 6th inst. . i Charles Monteith, an assistant at Messrs Price and Oo.'s, said that he saw. the prisoner moving away from the shop - with the coat under his arm. Witness > asked whether such a coat had been sold, j and on being answervd in the negative, ; he| put on his hat to follow prisoner, but* could not then see him. Witness could; identify the coat, because it had b6entorn and mended, in a peculiar way. ; It was hanging on a naU outside jthei shop. He would swear that the coat was' not sold either to prisoner or to anyone? else. ! ' Hans Hansen, a boy employed by Messrs Price and Co., said he saw the! prisoner on the evening of the robbery at' Wells's Hotel, when a coat similar to-, that produced wae» "Jying on the counter. j William Harper, milkman, deposed that shortly after six^o'clock on Tuesday! evening last prisoner offered to sell 'hinv the coat produced. He asked £1 for it,; but witness remarked that " it was more suitable for a gentleman than for him,'' and refused to buy it. ; Frederick "Wells, hotel-keeper, said he brought, the coat produced from prisoner^ giving.himl2s6dfor.it. - - Constable Laurenson deposed to the circumstances attending the arrest of prisoner. . ! Prisoner said a man named George Curry asked him to sell the coat, as he fOurry) was short of cash, .., i Mr Kenny said he had no doubt of the guilt of prisoner. This was not a first offence, as in May laat year he was sentenoed to two months' hard labor; The sentence of the Court was that he be imprisoned with hard labor for six months. ■ A PUBLICAN CHARGED WITH E.EOEIVING STOL.EN PROPERTY. Frederick Wells was then charged with receiving the coat, knowing it to have been stolen. Mr Lee appeared for the defence. Constable Laurenson said that he called at Mr Wells' hotel about 8 o'clock in the evening of the robbery, when, in reply to questions, Mr Wells said that no man had offered him a "grey macintosh tweed coat" for sale, but he thought the man had been in the hotel, though without the coat. Witness told him that the coat had been stolen. Later in the evening witness again saw him, when he repeated that he knew nothing of the coat. In the Court, on the following day, however, prisoner said to witness, " Come down to my place, and I will let you know all about it," and when he went to the hotel prisoner delivered up the coat, Baying that he was sorry he had had anything to do with it, adding, that he had been afraid to say anything about it. He also asked witness to speak on his behalf to the Sergeant of Police. Cross-examined by Mr Lee : He (witneas) was told that it was a "grey" macintosh which had been stolen ; the coat produced was greyish-brown in color. When Mr Wells gave it up it was wet but not muddy. It looked like a new coat. Mr Wells' words outside the Court were not " Come down to my place and I will show you a coat I have got. You can Bee if that is the one." Witness had known prisoner for two years, and had always found him perfectly willing to give information and assistance to the police. He regarded him as an. upright man. Inspector Scully intimated that this was the evidence he relied on. Mr. Kenny said he doubted very much whether any jury would convict upon such evidence. It must be proved that the prisoner, when, purchasing the coat, knew it to have been stolen, He (Mr. : Kenny) did not think the prisoner had behaved well in the matter, but the evidence was so inconclusive that no good would be served by committing him for trial. He therefore suggested that Inspector Scully should withdraw the charge. Inspector Scully said' he would gladly do so. He had instituted the prosecution merely from a sense of duty, and would now withdraw it. • ASSAULT. Walter Scott, who- failed to appear although served with, a ' summons, was charged with assaulting Frank Redraondj a colored seaman on board the Norval. The evidence of the complainant was taken, and the defendant was' in. hiss absence sentenced to two months' hard labor. As he was expected to ieaye the town in. the afternoon, a warrant was issued iinr. mediately. • ' ! '