RESIDENT MAGISTRATE'S COURT

Nelson Evening Mail, Volume XXII, Issue 241, 12 October 1888, Page 2

RESIDENT MAGISTRATE'S COURT

[Before A. Turnbull Esq., R.M.] Francis Kiernan was charged on the information of Joseph A. Harley with obtaining money under falaa pretences from the informant, the accused having represented himself as the owner of certain eharea at the Owen. A further charge was preferred against the accused by Sergeant White for forging a receipt. On the application of Sergeant "White r remand was granted until Monday next, bail being allowed in each case, accused in £50 and two suretiea of £25 each. JJm Alexander was ohrwgjd by Cms! able Phsir with causing unnecessary cruelty to certain fowls in shipping thorn from Motucka 60 Nelfou and thei>ce to Wellington. Thomas Hall, senior : Remembered noticing certain fowls in coop 3 on tun Govern* mont Wharf on the 2nd October. They were iv a very cramped condi.ion there was not sufficient room in the coops, and there was no water. &o;s- examined : The fowls cculd not get their hesds through tha ha terns, did not know much about the habifce of fowla, bub thought that tbtS3 fowla were iv a very unusual and cramped position. Was quite certain that these fowls conld not stand up, .A, Bruce : Remembered 2nd October, and seeing coops of fowla on the wharf". Trie birds could not stand up, and w.ro in a very inconvenient position, The fowls bid neither food nor water. Thoy were shipped to Welling ton. Constable Phair : Rcmecar/er seeing tb.o coop of fowls n ferrtd lo on the 2nd October. Tbe fowls could not 6tand up, nor oould they goo their heads throush the batteur. S.,veia! complaints hud been made f.o him as to tho cruelty perpetrated on poultry by shippers. Alexauder John Askew, sworn : I saw fcl.e coops referred to. There waa quico enough room for the fowls and they could got their aeada through the batten?. Did not thi^k that the foei'.iori (f eitticg- is an unusual one for fowls. Considered (.hot tber.i wa* iio cru-.-Hy in the manner in which these fowla were placed in th« coopa, John Alexander said that he had had a great d al ta do wi'.h the shipment of fowls acid was sure that tbe position of theso fowls was neither unusual nor omel ; thought thxt the coops wore quite large enough. Would like the Court to fix r.he size of fowl coops. FiiK'd 5s and costs 18s. Arthur Gibson was charged with the larceny of a Cigarette ease, on the 4th August last, the property of James I. Malcolm, of Messrs Beath and Co., frpm the Palace Skating Rink, Nelson, Prisoner pleaded " Not Guilty." Prisoner remanded until 2nd November. Arthur Gibson was charged with the larceny of an Ivory two foot Rule, on the 24th July last, the property of Mr Thorns, from the Palace Skating- Rink. Prisoner pleaded " Not Guilty." James Thorns : I am a carpeuter raiding in Neljs3D. On the 24th July last I niißßed a two-foot rule from the Pal&oo Skating Rink where I was working-, Gibson was ia the viciaity at the time. Neviy gave this rule to auyone. Valued ib ut 20s Morris O'Connor : I am a detective at Cbriafcchurcb, I arrested the accused at Chriatohurch on the Gfeh inst. After th» orresc I went lo the lodgings of the accused and fouod the rul?. Infortasd the t,cou»ed that he Wfl3 charged with stealing the iulr. Accused said tlsai he picked up the rule in the rink and meant to return it. Edward Percy Palmer : I am manager of the Palace Skatirjg Rink, Accused was employed as insiructor of skating on the 24th July last and had been employed as such from that date nu til recently. I heard last Saturday of the loss of the rule. Accused on being asked if he had any defence said I remember some one speak« ing about the rule. I saw the rule at tha Sink and put it in my pocked and have used it since. I did not know I had it until I reached Ohristchurch, Sentenced to threa weeks impii3onniont | with hard labor. Arthur Gibson was charged wiih tbe t larceny of sv stop watob, the property of Piroy B. Adams, from tuo Palace Skatirig Rink on tbe 27th July las'. The accused ! pleaded Not Guilty. Sergeant Wliiie conducted the prosecution. Percy Bolland Adams, barrister and solicit tor; On Friday the 27th July, a little after ! 4 o'clock in the afternoon, I went to the Palace Skating Rink in Bridge street. As it was warm I took my waistcoat off, which contained watch, chain, locket, sto : buttoning my coat up, and hanging my waistcoat in the gentlemen'B room. I then skated for some time, and returned to the gentlemen's room for my waistcoat. I put my waistcoat on without detecting the loss of the watch. I then left the rink and went home. On arriving home shortly before six o'clock I put my hand in my pocket and discovered that my chain had no watch at the end of it. The watch produced is tha one I had on the 27th July, and which was left at the Palace Skating Rink by me. It ia my property, and I value it at £15. I had the engraving of my I own name and crest put on after buying it. i The crest is a out with a garter in scroll underneath on the front side, with the words " Touch not the cat but the glove. " On the other side my mother's family crest— Prince of Wales' feather set in Ducal coronet with a motto in French, Tho inscriptions have been erased, but I have no doubt that the watch produced is mine, Immediately I discovered the loss of the watch I thought of going back to the rink, but postponed my visit until in the evening when I could see the management, I returned to the rink some time before it was opened to the public The door was closed, but I obtained admission, and asked to see Mr Donnolly. I took him into the gentle-

men's dressing room, told him of my loss, and where I had lost it. lie was very much distressed that a robbery should have taken place in the rink, and he called the accused in and asked him if he knew anything about it ; he denied any knowledge of it, although ho said ho had seen a waistcoat corresponding to mine in the dressing room. Mr Donnolly then upbraided him for not having handed it over to the cashier for safe custody, as he vvas aware that the day before the waistcoat was handed over to the cashier for custody. Two small &kato boys were called in and questioned by Mr Donnolly in my presence, but nothing satisfactory was elicited from them. That being about 7.30, I left the rink and went to the Police office, and saw Detective Hawksworth there, and gave him a descrip->

tion of the watch and the circumstances attending the Joss, and also told him my suspicions. The loss of the watch was immediately advertised in the " Police Gazette." Sergeant White then came in, and he and Hawksworth and myself dis cussed the matter. Sergeant White suggested that as a blind we should advertise in the Colonist of 28fch July that the loss had occurred between the Rink and the Masonic Hotel. I saw the watoh again at

the Police fetation last Wednesday morning. I have spoken to the accused frequently about the loss of the watch. He asked whether I head heard anything about it, and I always told him that I had forgotten all about it. I travelled with the accused from Nelson to Wellington in the Takapuna about the 27th of last month, so that if the accused had any intention of returning the watch ho had ample opportunities of doing SO.

Morris O'Connor : lam a Detective-Con-Btable, stationed at Christchuroh. I arrested

the accused on the 6th of the present monlh. I had seen the watch on the 4th instant on the person of the accused. I saw the accused pull the watch out of his pocket at the Palace Skating Einlr, Christohuroh, to time a race, and I caw there was no ongraving on it. I did nothing then, but on tho 6th ins ! ant I went again to the Rink and I stiw the accuser there. I called him into the dressing room. I said to him, I run Detective O'Connor, and you are suspected of stealing a watch from Mr Adama of Nelson, and I want to ccc the watch you are wearing. He paid " certainly," and pulled a watch out of his pocket. I saw at once that it was not the watch I had seen him wearing before and told him accordingly. He said it is the same watch. I said that the watoh I saw was a silver etop watch with the name Lawson on the dial, and that lie gave it to one of tho attendants to time a mile race. He said that watch was not his own, it was one he borrowed. I then inquired from whom he borrowed it, and then I told himfch&t anises he gave up (ho watoh I had fir t seen him with I should arrest him. Ha faid *•!! right, sir, I will geh in for you at 5 o'clock. I said I muso havj it now. Wo then wfnt fo the shop of a watchmaker named Knrl Grieababer in Chris' church, and the accused asked tho watchmaker for the wntoK Tne watchmaker handed ib to tho accused, who banded h to me. We then wmt outsid', and tfce accused explsiced to mo that ho did not steal the watcb, bnt that he found ib on the seat near the rest in the dressing room of the Pftlaoe Skating Rink at Nfleon. He did DOS t'^ko iv oub of tho pocket, n<r of? the chum Sirne person must havetJk«M the watch before he got ir, and

put it bstk on the se^t. He a<n i they were looking for it shortly afterwards, and ho w.ul.t have giv*n it up, only be was afraid tiu-y would think ho s,tale i*. H9 a'so faid that it vras the watchmaker wbo rubbed ts^e er.graving off ; that ho had scratched it with a pin aud that be had got the watchmaker to polish tho case*. The accused further said that he intended returning the watch to Mr Adc.ms the firs!; lime he returnfd (o Neiaon, On tho 4th iusf, tha first ocoaßkm I saw the accused, I e*w a watch similar to '.ha one produced in his h»ud. E'iward Percy P lmer : I am Manager of th« Palaca Skating Rink, Nel°on. I know the accused. He wa3 employed at tbe Rink os an Inatructor and Profersor of faucy skating on the 27th Jnly la^f, and has boon so employed uutil recently. lie h d free access to any portion of the bui'ding. Asa servant his duties were to hand over r.nything foaad in the Rink to my. e'f cr the proprietor, Mr Donnliy. He never mentioned to me having found a watch there. The prisoner on being asked if he had anything to say said, between 4 and 5 o'clock on the 27th July I went into the dressing room ef the Palace Skating Itink to have a smoke as was my custom. As there were several in. the room I did uofc recognise them. I then sat down and remarked that the waistcoat of Mr Adama was lying in the corner on the seat and I picked it up and hung it on the nail from which it had apparently dropped, and in doing so I noticed that the waistcoat was rather weighty, and that a watch dropped to the floor. Instead of returning the watch I put it into my own pocket. I did this because I thought if I had been seen putting the watch into Mr Adams's pocket I should have been suspected of something-. As I was going out of the room several others came in at the same time. I then went and skated for about a quarter of an hour until the bell rang. I said nothing to Mr Donnolly about the watch, but took it home, as I knew that if I mentioned the circumstance to Mr Donnolly he would suspect me of stealing it, because it was not attached to the chain. When I returned at night Mr Adams and Mr Donnolly wexe talking about it, I weut into the dressing room not knowing they were there. Mr Donnolly at once askod me übout the watch and asked ma if I had seen it. Ha asked me ao suddenly that I denied it. Some two or three days after it had baan taken I scra'chod tho engraving off slightly. Knowing tho watoh had bsen advertised I thought by doing this I should lead to its concealment. I never used the watch until in was esen on the 4th insfc by Detective O'Connor. I never took aoy precaution to bids i(i, I waa so troubled at having it ia my possession that I determined to return it aa soon ai I got back 10 JNe'.son. I could not have given the watch back to Mr Adams on the puss»geto Wellingcod, even if I had wanted o bsosuss ie was ill tho hold in my box. Of course I have mada a muddle of the whole matter from the first. X aver my intention was ne/cr to keep the wa eh.

Accused -was committed to take his tria! at the next session, of the Supreme Court ai Nelson on 6 th December.