MAGISTRATE'S COURT.

Nelson Evening Mail, Volume XLVII, Issue XLVII, 12 July 1912, Page 6

MAGISTRATE'S COURT.

(Before Messrs G. M. Rout and B. H. Moller, J's.P.) ALLEGED BREAKING AND , ENTERING AND THEFT. _ At the Magistrate's Court this morning, George Paul, alias Herbert Bartlett, was charged, on the information of the Police, with, on July 3rd, at Fitzroy Bay, -breaking -and entering the whare of -Claude Wells, and stealing therefrom a eafety razor, shaving brush, soap, and a sheet, of the total value of £l, being an indictable offence. Accused was not represented by counsel, and at his request all witnesses were ordered out of Court. Sergeant Mullany, who conducted the case for the police, called Claude Wells, sheep farmer at Waikawa Bay, who said he had a whare at Fitzroy Bay,, where he lived. He was last at the whare before the 3rd inst. on 29th,~u1t., when everything appeared to be in perfect order. He described the contents of the whare, including a safety razor, shaving brush, and soap (produced).' which he stated belonged to him. The whare was locked and the key was hanging on the .door. He next visited the whare on the following Sunday,, 7th inst., when he missed the articles proeduced.., He had no idea at the time who had-taker* the articles. He first saw accused, after his arrest, on the 6th inst., when he was charged with the offence. Accused, then stated that he had broken into thel whare and that the articles (jjroduced)^belonged ttf'Mr"Wells. 'The total value of the things stolen from the whare ;I was-ah'66t v S;S lis, but with the exception of the articles produced, were recovered near by. ■Francis Henry Towhsend, plain clothes constable stationed at Nelson, gave evidence as*Jto arresting accused at Waitata Bay oBL T '6th inst. He charged him with breaking and entering Wells' whare at Fitzroy Bay, and' also Steinmuller's whare:- When charged with the offence accused said: "I broke into Wells' whare and took blankets, pots, and flour down, to theibeach, as I wanted to cook a feed. While 3* was there I was disturbed, and hid the in the bush. I hid in the . bush atod afterwards returned to where the things were hidden. ISome of them had been taken away and. I put the remain-, der on?the beach in order that they could be seen-"*' Witness, asked accused if he opened the whare with a key, and received*, the reply i. .."N0,.. I, pushed it open.'*;; He fchenlsearched the tent occupied by accused, who produced from, un-derneath-his- pillow the articles pro- , duced. He admitted they belonged to iMr Wells, stating that he got them out" of his whare. He brought accused to : Nelson, and he made a statement'' (proiduced) in writing. This was all the evidence. Accused, on-, being asked to plead, •pleaded guilty, and was committed for sentence at the" next-sitting of the Supreme "Court, at Wellington. ... The same accused was also charged with on the 4th inst. breaking, into the house of Tasman Steinmuller, at Fitzroy Bay, and stealing therefrom two tins of meat, two tins of fruit, and one packet of matches, of the total value of 4s Id, being an indictable offence. Tasman Steinmuller, fisherman, residing at the French Pass, gave evidence that on the 4th inst., he was absent from ~hi& house, tooth doors of which he left locked, returning on the following' morning. He then found the back door broken open, and the articles mentioned missing. _ He also discovered a suit of clothes was gone. Yesterday morning on further search he missed a pair of braces. . The total value of all articles missing from his house was about £6 10s. He could not say. who stole the things. He had never seen accused till this morning.. Francis."- Henry Townsend, plain clothes constable, gave evidence as to arresting accused at Waitata Bay on 6tb inst. On being charged with breaking into Steinmuller's whare accused replied that he had broken open the door to get some "tucker," and took a packet of matches and some tarts. On searching accused's~:tent he produced a half packet of matches, which he admitted taking from the;whare. He denied taking the truit and, meat. _ Accused, on being brought to Nelson ; made a statement (produced). '" ' . Accused pleaded guilty to taking the matches and' pastry, but not to taking the meat and fruit. ; : . On Sergeant MuHany's application, the charge was then amended to rea 1 that accused broke into Steinmuller's whare at Fitzroy. Bav and stole therefrom a packet of,matches and some pastry. In this form Accused pleaded guilty to the charge, and was committed for sentence to the next sitting of the Supreme Court at Wellington.

Alleged theft.

A. tnfrdischarge -against accused was that on 23rfl June, he did at Happy Valley, steal r ~a, bicycle, of the value of: £lO, the property of Hiram Wm. Flower, being an indictable offence. Hiram Wm'/'Tlo'wer gave evidence as to missing bis bicycle from a shed at Happy Valley on the 23rd June. The door of the shed was fastened by a wooden button. Witness reported the loss to' the police on the tollowing morning, and the bicycle was recovered at the Wan gamoa Accommodation House on the 24th June. Tie had seen accused near his home on the 22nd June. Accueed asked the time. He had not given accused authority to remove his bicycle. . Francis Henry Townsend, plain clothes constable, deposed that after arresting accused on the two previous charges, he charged hiir with stealing the bicycle from Mr, Flowers. Accused admitted taking the bicycle and riding it as far as the Accommodation House, where he left it. • To the Bench: The bicycle was not folind in the accused's possession when arrested, and there was no evidence that accused had tried to dispose of the bicycle. The Bench said that it had been distinctly laid down in both the lower and Supreme Courts that; cases of this kind could not be called theftr This particular charge must be dismissed. Sergt. Mullany: Perhaps your Worships have noticed the theft of a horse in the North Island, for which a man -was arrested. ' The Bench: He has not been charged yet. -, ••;. ■,■■■• The Bench further' stated that intent to deprive the orwher permanently of a thing must-be. shown. When property was left •oh: the roadside it was clearly not intended to deprive the owner permanently. The law was very peculiar ; but 'the Bench was quite certain it was the law. Th&'fcharge "/as dismissed. statement of the accused charge breach of the