MAGISTRATE'S COURT.

Hawke's Bay Tribune, Volume II, Issue 22, 9 January 1912, Page 6

MAGISTRATE'S COURT.

NAPIER. ; TUESDAY. JAN CARY f>. ) (Before M>-. S. E. AlcCarthy. S.M.i) ALLEGED THEFTS. ! N-'Ji:'l.y: r.i a ~ i-harged v-ith c-i ~r ::CJi D.-camber. I9IJ, at ('.-.aka. • tri;!... r ‘.'io. property <-r < ■.?: - Pl’".’, fnn.i t’.ie dwcl-Epg-bof the «a:d Charles Price. Mr. Lusk appeared for die 1 !' ■- :-. .:t!t '!■ stated tl r_; . ; -ed v.-n . i.r-hy. <1 as a gardirm * <-n Mr. Lowry’s static:! at < k. .. -I t;- r -ith Pi k.- missed t.'.o :i ::-i On 23t'i ii . : \i! e-t.-d by Constable llyan and himself and admitted stealing the money. ( i; • Pri" ■. a "a<iet on Oki’.wn 'atioi.. licr-nscd that the accused was gardener on the station. Witnf’ss < d ;; room in a whare togs'll:-" r wi'h Thomas Laws. On r> . ••!.-> ’- J . i. •.'.’it:'ess saw th * t;v:, ID. orar.'i notes he had j,!;:."-d tr• -.Alien first going to the s».x*.'o *. r.;< was in a pcek.ptin ?. t AY -I. me bag, which was h>-k di ’ i,.e 2-th I>t-eoml>er witness to the bag and to n d it broke:! eon aril the rotes >•- --i"g Ti!'-' sr-w i.!av witm-s- found tne tu> of a L'ade of a ; •>. k-'“ knife ■L - bed. The ar'-.is;’d could go into the Torn if >■ ■ •.-f’Pi'i to chat. He; never er:* the loom in witness’! r.L- ;n- ■ - ■ ;■ i■■ ki.i w. If he hau s gone into d.e v. Lr.ro it would have j been no brer.:., h <■: <:u".' so long as,, h ■ did r..t m-'idl"' with the pro- I pelt;. . i Det -rt ivr-.Serg.'aat Cassels ejepos-! rd that 1 i with Constable Ryan 1- ■ r'r. the ncciis. d at his par- ■ ents’ ho - : <» in ?.api n r, rn the 24th.; Wife-.. to k him to t! ' police sta tion and in r. to questions ae-) cased stated that lie had about ,£w j He a< co-ino 1 ft-r bi'- nir-ncv. At first i in this wat< nt!.: 1 ■ denied stealing; the monov l;nt rbndtr.'d steal- 1 ing the tv. » five 'i & tes. The | ecgs- I det.-idod how Im had spent! the On b ins charged with; the th" aecased made no re--ply. j Ln answ'r t-> di-> rjH<-:na:y ottos- j tion the ae •ii-.'’-d s atrd that he io • served his defence. ! Th? a<". : i i pleaded no: guilty; and was eomniitp-d to lake his trial; at the ensuing sittings of the Su- i prerne ! •• • ’ -h mton i the sith AT arch. i The accused was farther cl: arg rd ! with on <»• r.’ >. I.ith November. I 19C9, at Napier, stealing one pair of! binocular t ■..:■■■.> J £lO, and 3- in) money, the property c.f Dr. Leahy. > Detective-Sergeant Cassells briefly stated the facts of me ease, and | called ! Rose T:’,;.a hoit c e-keeper ini the emph. .’ ■ ’ Dr. Lcn’ y. who de-) posed that Mie wi-. cnip’.nycd in that ! capacity c t the Ithh Nov.. 1909. She ; remembered ing f-.t that night at • about 6 c\i "k. V (:< n ; d the dcoi s: and window - v. 1 m shut ard all wiiii ; the except ’•; one window locked. ! Witnc ss r; turned bi tween half-past; seven r.r.d e:g'.,t k. r.r.d found), the kettle on the floor ard the win- ■ dow wi'h Nrx' morning she) fbund tl.r dmEc r< gn Tai.'aekrd and 3 - missing ftom the mantel--piece. The gl-'-'c- wtre n- t missed , until Dr. ahy’- •T.t’.r.i .a <-Miple if days Later. The 1'• < s were pro-) duct cl. ar.d idenl’.lis, -.1 ly witness a?i belonging to Dr. Lcu-y. They were; worth about. .£!■». As far ns witness; knew neitlur the a.>i anyone else was < \ii> ,-.-a aut hoi it v to) remove them, it v.ib about this j time tiir.f t’ * a. u cd was "i Dr. ; Leahy’s ci.'.ph ? ?- a g. '-m and lived ) ia the whare in the back yard. ) Dcte-.-iivc-S .wi Ca-eIN dtpes-i cd that 111 com; .i’iv *. :'!i (_ v-i-tidde , Rvan on Dmfii.b. r 2‘.th. If'H. he)

took accused to the poke? station where subsequently accused made aj statement wherem lie . .imittcd stealing the fie’d glasses and 2- in j nmu'. duting the dm-tor’s absence] in Dunedin. Ar. .-used further stated | that he spent the mcity anti threw j thf gla«:,es und ineatn the whtire in] which he skirt. Later witness with Constable Ryan visited Dr. Leahy ;■ residence, and in the place indicated by the vricu r found the gii-os now prt>(.htets.l. _ i The arcit-wd. w''.o reserved Lis de- ; fence and pleaded not guilty, was committed to take his, tritd at the ensuing d 'ting's <■!. the Supreme Court. L i.l was allowed. himself, £.-/) and one siijciy of Let*. .; THEFT FROM A DWELLING. Kaure. IS art in was charged th tit on 2nd January. 11'12. at Napier, he did steal ah.mt £25. the property of Frances Amy Limbrtek. from the dwelling house of the said Mrs. Limbrick. Mr. Lu. k ary*, ".red for the accused. Detcctiirgt. Cassells outlined the facts of the case. Frances Aimy I.irnbriek. a shop-. keeper carrying on business in Emer- ’ . it. > ; -rd ;. ".t the accusedcame to her shop between 4.15 and: 4.HU p.m. oil January 2nd in st., and] spoke - L „. They were then] in the simp. The accused asked if 1 she hid seen a bicycle pump tb’ii he ’ had. !m-t in the right-of-way along-] side tilt? shop. She told him to go’ -t -rt • id 1 : . T 1 > w :< the it ■■st tkiie she had seen the ac- > ctiscd. He then -went down the ‘ right ■'rf-way to lock for it. She saw , the r. c'.-.ft’d pass tee middle window . . • 1 i •• yr towards the kitchen win-j dow. About five trn Kiirimrsi afterwards the prisoner came to the [ shop doo- and said that he had not j foiimi the inimp. but be would lot: in some other day. This was the !i she saw of him. lkki.ro leaving, the kitehen for the shop -=b.e nut her purse on the table ne;: r tin' window, j It c-mtmm d a ! «t Aho. The win- f ,!; w wa s. ~ .:■ ii amt. foilr inches at : t s w b<rti< ;:l . .tri: 1 ah.i-.-rt: on a Itsel: uit'i tht S-l.i’ returned in ;J). nt i-> 1: T.--U" In th- kitchen and] ’I-o tr- wiild.r.-- was (■•wri, ri’mirt .1 Lw. and tie part .and mi-i-h-m. Wit-■<:*> ri.<-ittit:r - ■ d ' ’ ' tin >■ tile r 'gilt -<rt ■ « nv. The . c v V £'3 in 'Mil, one L 5 note. ! i... J mi; ‘.*l notes. One of the £l

notes witness identified when produced. She did so by the ink stains on it and by the date. The remainder ■ the money was made up < f about Cl worth '•! silver. No r.v.thoii'.y given anyone to remove th.’ I':::rso or money. Tt e aecimed. when h<- < rilled at the .-ho;-. v,as sober, but I<■ rmclt <f drink. On missing the :n> ncy witness went over to a shop I opposite and made a complaint. James Koorcy. a store keeper. I sai'l he saw the accused in his shop ■ 1 fort night, or throe weeks ago in ■ ; i.-i’iiv with man. Th' > d a-k 'd witness t-, trust him. Witness replied that lie could not I 10 S 3 ."S he had not seen him be Ti i- prisoner then asked 1! ,h' Tarcba. Witness replies :l--.t ho d:<l. and the accused then ■•i tlioi Tarcba "bad sent him t< him ti<-k.” Witness gave bin: ti< k ” to tlir- exte-'t of H -. A*wr-(k >f . ’.-.i n.ess s-tw him nt the Cale’■N?’."in IL o i arid be :-ahl that hr bi <-■ him late 1. lie did n.-i ••■me thru: day. but .about -a week j ago the oci.-as.ed came into the shoe in the eJiernoon. and paid the U - ■ ba '■wed and shown d witness a, large ’ -til. 1 of im ney, which he said hi<= •• •••.n'if?.tLi ■■ Tareha had given him. The u oney was in notes and sox or Ernest Balfour, a bicycle dealer, le ~-d that accused was at his -■ o-> on Tuesday last at about 4.3:1 :> ,t. He came in to buy a bicycle, ami witness sold him a Raleigh for C>3 !0 -. The accused paid £2 down t”<l witness noticed that h? had a ' fair amount in notes. He held a ■Lund'O of notes in one luHtd. and ‘another greenish coloured note in I the other. This was folded and ap"pcared to be tied in a knot. He paid | ?.v.) sing.e notes, one of which witi ness recognised when produced. This note was handed to Detective-Ser- ' geant Cassels the next day. Martin was to have called for the bicycle on Sat u day and then pay the remainder . Peter Eddy, a bootmaker, said h? saw accused on 2nd inst. in Napier at about 5 o’clock in Liinbrick and Baifour’s shop, being then in the company of a Mr. Jones. Witness next saw him about 100 yards up the street and followed him. The accused went into the Criterion Hotel. Witness went in and saw the accused, pav for drinks for his friend and himself with some silver which he took f• o;n his trousers pocket. Witness ilso saw th? accused take some notes ii-’ii one of his pockets and putthem ’ito th? inside pocket of his coat. Witness left them for a few minutes. J; e Tareha, a dairy farmer at VCat-o hiki. said the prisoner had ’■( -1 working for him about three u . AVitntss paid him £1 pci •. k. nr.d during the time he was .fh him paid him £1 10'- in cash- -- i a cheque for £l. Did not giw "in a note at any time to go to ’< • 'y’s shop for “tick.’’ The ac■•i was n relation. I K-teetive Sergeant Cassells said ’ tr k the accused to the police t' 01 on the 31 d January where he made a statement, accounting for nil L ■ r- i?. y he had spent. He cb.c.rg d the accused with the offence, but -, -| made no reply. On the of 3rd witness k U the accused to produce the T i -, g . i ;f > ' nat i worn at Napier on I e <iny previous. He did so. ami ' tlii- waistcoa 1 pocket found a i! <o: responding to those lost by Mr- ..imbrick. Accused would not •■ i where be got it. T , e ;i i ”.-iil. who reserved his dean 1 bleated not guilty, wa- .>• ttrd fcr trial at the Supreme J t Biil was fixed at himself L'lon and two rurrties of £5O each < : o 'c of £Hr >. to be approved of bj i; V.'l. ip.