HASTINGS S.M. COURT.

Hawke's Bay Herald, Volume XXX, Issue 9897, 25 January 1895, Page 3

HASTINGS S.M. COURT.

Thursday, January 24,

(Before Meßßrs Bellby and Llnney, J.P.s) DRUNK AND DISORDERLY.

Samuel Williams was charged with being drunk and disorderly, After hearing the evidence of Sergeant MitcheU, the accused, who pleaded guilty and asked to be let off, was sentenced to 14 days' Imprisonment with hard labor in Napier gaol. BUKGI/AEY. Joseph Foggan and Thomas Stnddon were again before the Court on a farther charge of bnrglary, tbe offence alleged being committed at Mr Peter Ramsay's store at Fernbill, on Saturday, December Bth, when £2 63 In cash nnd five pipes, value 12s 6d, were abstracted.

Peter Ramsay, hotelkeeper, gave evidence that his storo consisted of two rooms adjacent to, bnt not connected with, the hotel. On Saturday, December Bth, the panes of glass in the front window, which are large one;, 3ft by 2ft, were all sound. The store was in charge of Jano Ramsay, his daughter-in-law. Did not know either of the accused.

Jane Ramsay deposed that she left the Btore between 5 and 6 o'clock on Saturday, December Bth. At that time all the doors and windows were fastened, and the glasß in tho thop window found. Witness left a £1 note, some silver and coppers iv the till. At half past 5 the next morning she went to the store, and found that a piece of gloss had been taken onr, the pntty havicc been removed; Tbe opening was large enongh for a person to paas through. She found the money gone, the cash-box being empty on tbe counter, and some pipes were also gone. The buck door was open. By Foggan : There was no fastening, the window was In one piece. Could not say it bhe putty was inside. A large piece of the glass was cat out of tbe corner. Did not know if anything else was taken, bat thought some tobacco was. Herbert Stanley Joll, milk-cart driver, deposed that he saw the two accused on December Bth, in the Quarry-road. Foggan asked how far ib was to Napier, going round by Fernhlll. Witness told him about 16 miles, Foggan asked whether there was any money In the Fernhlll Hotel, as he intended to rob it. TV It ness said he did not know, but thab a store was robbed there not long Bgo. Foggan seemed surprised, and neked if there was a store there too. Witness

said there were two, and Foggan asked which it was thab was robbed, and he told him ha thought it was the Post office, Stnddon was standing close by. Witness knew Tom Dills and saw him with both the accused that day. They asked Bills to go with them, and offered him £5 or to go shares, nUo to pay his fare back to Otaki. Bills refused, and Foggan told Bills he would be had up for vagrancy, Foggan asked witness to get him a bottle of kerosene, Witness asked what it was wanted for, and Foggan said he would burn the store, and while the people were looking on he would rob the hotel. Friend and Franklin were with witness later on, and when Foggan saw^them he hid behind some tuistle&i^Hj^uees weut to him, and he dskpjy^H^^keroaenQ. Witness told Moßß^^^^n& b R et i(l - He had no I^^H^HBHB^HI so - Had kno<»n the B^^^^R^HH^HBirce months. Foggan °n to witness, and B|H^H^HBB^K> things he had done Did not report to 0 threats that bad

Erneati James Franklin cor firmed the statements made by the laot witness, and said io was Foggan who offered Bills the

Thomas Bills, laborer, Tomoana, dipoßed that on December Bth the acens <i asked him to go to Fernhill, as they wire going to rob the Fernhill Hotnl, ami witness was to watch. He refused, and Mmy said he would get run In for vagrancy. They offered him £5 or a share in the plnnder. Foggan had some things in a shirt-box which he put into Studdon'o bag. On Thursday, January lOtb, witness was locked up in a cell adj lining one in which the accused were, He spoke to them, which he had not done since tho Fernhill riay. He talked about Kaikora and Fernhill, and asked them how they got on nt the last place. They Bald they did not go that way. Ho told them ha had seen iv the paper about tbe store being robbed and not tho hotel. Tho told him to " shot up," and again said "Shut up you fool." He went on talklßg about Kaikora. Studdon was in the cell with him next morning, and said that they told him to shut up becausb Fnggan saw Sergeant Mitchell's tronsers thrnuch tho door.

By Foggan : Foggan gave him 2i 6d that morning, also an old shirt and a pair of troupers and a pipo and tobocco, Foggan, to witness, threateningly : " I would sooner be here than where you are."

Alfred James Mitchell, Police Sergeant, said that on the 10th instant he received the accused and lodged them In the Hastings lock-up. The same night he arrested Bills and placed him in the adjoining cell. He listened and heard the conversation deposed to by the last witness. The prisoners, who reserved their defence, were committed for trial at the next session of the Supreme Court,