Friday, October 1. (Before T. W. Parker, Esq., R.M.)

North Otago Times, Volume XXIII, Issue 1127, 2 October 1875, Page 2

Friday, October 1. (Before T. W. Parker, Esq., R.M.)

STEALING A JACOT. Isabella Kenny, on remand, was again brought up on this charge. Sergt. Smith conducted the prosecution, and Mr O'Meagher appeared for the accused. An information was alio laid against Margaret Shennan for stealing the same jacket. It trad decided to hear the charges against the two women separately. The first witness called was Christina Allen, who deposed: I am a dressmaker in the employment of Messrs Mulligan and Reid, and was in their employment on the 22nd ult. I went to work at 9 a.m. that day, and hung my jacket up in the ladies' fitting room. The entrance to the room is from the shop. A door leads from the fitting room into the work loom. I did not see prisoner that day. I do not know the prisoner. I was told something by Mrs Leslie about 3 p.m., and on going to look for my jacket, I found it was gone. The jacket produced is mine, and I value it at about LI 10s. Cross-examined by Mr O'Meagher : I do not know a person named Margaret Shennnn. There was nothing hanging near my jacket in the fitting room.

Jane Leslie deposed : I am forewoman in the dressmaking department of Messrs Milligan and Reid's establishment I saw the accused in our shop on the 22nd September. She was in the fitting room, in company with Margaret Shennan. They were waiting while I cut out the bodj of a dress, which Margaret Shennan was to fit on. Mrs Kenny was sitting on a chair in the corner wheio Miss Allen's jacket was hung,andMargaretShennan •at on a box near the door leading into the shop. They were both sitting on the same side of the room. Margaret Shennan took off the jacket she was wearing while I fitted thei body of her dross on. Mrs Kenny wore a shawl, and Margaret Shennan a dark jacket trimmed with fur. They were in the room when I came back from my dinner, and they remained there about 20 minutes afterwards. They left the room together. Prisoner went out first. I noticed something under Mrs Kenny's shawl, when she went out. She had a waterproof orer her arm. She had nothing under her shawl when I first went in. I helped Margaret Shennan on with her jacket. She had nothing in her hand when she left the shop. It was impossible for her to hare a jacket concealed when I helped her on with her jacket. I did not lose sight of the women from the time I fitted on Margaret Shennan's jacket till they left the shop. I did not see either of them take anything from the room. Fire minutes after the women went out, Mils Allen stated that she missed her jacket. Cross-examined by Mr O'Meagher : The fitting-room is lighted by a skylight. I am not aware that Margaret Shennan fitted on any of the polonaises while I was cutting out her jacket. I am quite sure Mrs Kenny had nothing under her shawl when I first went into the fitting room. I did not think I had any right to ask a customer what sho had under her shawl. It wat not possible for prisoner to hare taken down the jacket whilst I was in the room, nor do I think the could have taken the jacket down without Margaret Shennan's knowing it. Mrs Kenny has occasionally made Limerick laoe for Milligan and Reid, Mrs Kenny has been in the fitting room alone several times, but we never missed anything. To the Bench : From the time I fitted on Margaret Shennan's jacket till she left the room she had no opportunity of taking the jacket. Constable Henderson dtpoeed : About 3 30 p.m. on Wednesday, 22nd ult., I received information that a jacket had been stolen from Milligan and Reid's shop. I at once proceeded to prisoner's residence. I asked her where she had put the jacket she had carried away from Milligan and Read's shop. She said, "What jacket? I hare seen no jacket." I then told her I suspected she had stolen a j cket, and that I must search the house. Her husband, who was pres nt, said, " If you know anything about the jacket, you had better tell him." She then replied that a woman had brought a jacket to her bouse, and asked her to take care of it until she came back from the country. I asked her who the woman was, and she replied that she did not know. I then asked her if she knew where she lived. She said she did not, but it was somewhere in the country. I then told her I would hare to take the jacket with me, to she had bettor gire it me. She took the jacket from a box. I arrested her and brought her to the police station. Kenny, who was present, endorsed everything his wife said. The jaoket produced is the one. Cross-examined by Mr O'Meagher : The box from which she took the jacket was not locked. Mrs Kenny seemed anxious to conceal the name of the woman. Prisoner's husband said nothing about the jacket until I threatened to search the houst. After Mrs Kenny had been locked up she told me the other woman's name was Shennan. Margaret Shennan, deposed: I reside at Papakaio. I hare known the prisoner for about two months. I was in Milligan ana Reid's shop on the 22nd ult., with prisoner. We went into the fitting-room, but there was no one in the room then. A dressmaker c&me in about a minute after we went in, and I gave orders as to how my dress was to be made. We had been in the room about half an hour when Mrs Lesl-e came, and she had the body of the dress fitted on me. Mrs Kenny was sitting on a chair behind me. I did not see her take anything. After learing Milligan and Keid's I went to Mrs Kenny's for a small parcel I had left there. Cross-examined by Mr O'Meagher: I'll swear I did not fit on a polonaise in the fitting room when the dressmaker was making the body of the drees. I am a married woman. My husband is in Canterbury. I will not tell you what he is doing. That has nothing to do with the case. This was all the evidence for the prosecution. Mr O'Meagher commented on the inconsistencies in the evidence given by Mrs Leslie and Shennan. He said either Mrs Leslie's evidence was " all moonshine," or Mrs Shenuan had stated what she knew to be false. If Mrs Leslie's evidence was unreliable in one point, why not in another. He said he had no evidence to call for the defence. Considering all the circumstances of the case, he would ask his Worship to deal with it under the 82nd section of the Justices of the Peace Act. He then said that the police should proceed against Margaret Shennan. Sergeant Smith declined to prosecute Margaret Shennan, unless ordered to do so by the Bench. Mr O'Meagher then asked the Bench to decide whether or not proceedings should be taken ngainst Margaret Shennnn. His Worship decided that the case should be proceeded with against Margaret Shennan. The Court then adjourned for lunch. On resuming at 2.45 p.m., Margaret Shennan was charged with stealing the jacket, on the information of Michael Kenny. Sergt. Smith conducted the prosecution. The accused, who pleaded " Not guilty," was undefended. Mr O'Meagher watched the case on behalf of Mrs Kenny. Michael Kenny deposed : I remember seeing accused on the 22nd ult. in my house between 2 and 3 p.m. My wife was in the house. Accused had dinner with us, after which she asked my wife to go to some shop with her to get a dress made. Some time after they came back again. Mrs Shennan had a waterproof cloak rolled round her arm. Sbe then laid a jacket on the table. She laid to Mrs Kenay " Lay the jacket by forme, and I'll call for it in a few days." The jacket was a brown one. I remarked that there was a string attached to it like a piece of cord. The jacket produced is the same. She remained in the house about a minute, and then left, stating that she wanted to find a dray. My wife put the jacket into a box in the bedroom. The accused, when she went to see about her dress being made, left some worsted thread at my house. It was not tied up in anything. My wife told aocuied that the jacket would be kept for her till she returned. The jacket was afterwards given up to Constable Henderson. Sergt. Smith, at this stage of the case, said he did not know of any other witnesses that he could call. His Worship ordered Mrs Kenny to be called as a witness, and she was therefore put into tlie witness box. Isabella Kenny deposed: I have known accused about four months. At 11 a.m. on the 22nd ult. she came to our house and told me she was going to buy some things. She left and came back again about 2 p.m. with a dress she was going to have made, and some other things. She asked me if I knew any dressmaker who could make it for her. I went with her to Milligan and Reid's, taking her dress piece under my shawl. The other things she left at my house. We went to Milligan and Eeid's and sat down in the fitting room. I asked for Mrs Leslie. A dressmaker came out and took the mafeu'al for the dress into the work room. We sat down. There was a velvet polonaise hanging up. We were speaking about the price

of tbo article and examining the tickst*. Accused took off her waterproof cloak and jacket and tried the polonaise on. Immediately after Mm Leslie camo in and accused asktd her the price of the polonaise. Mrs Leslie said L12. I was standing behind the accused when Mrs Leslie was fitting the dress on. Accused had not her jacket on when Mrs Leslie came into the room. After the dress had been fitted on, accused put on her jacket and cloak, and we came away. I did not see accused take the jacket in question. I did not see the jacket produced banging in the room. Accused wore a tight-fitting dress underneath her jacket. After leaving Willigan and Reid's we went to mj house. When we got there the took the jacket produced from undsr her cloak, and put it on the table. I put the jacket in a box. During the time we were going from Milligan and Beid's to my bouse, accused took off her waterproof. The first time I saw the jacket was when she laid it on the table. This was all the evidence adduced. Mr O'Meagher said that before his Worship proceeded to adjudicate on the first case, he wished to urge that, as there must be con* siderable doubt in his Worship's mind as to who took the jacket, he must give the accused, Mrs Kenny, the benefit of the doubt, and dismiss the charge. Hi? Worship then reviewed the whole of the evidence given in the two cases, and said that the whole of the circumstances clearly showed that Mrs Kenny was the original taker of the jacket. There was another circumstance which led him to think that the women were equally guilty, for he did not think that either of the women could taVe the jaoket without the other knowing it. He thought it would be a rather inconsistent course for one of the women to undergo a sentence, and the other to escape. He must, therefore, put thorn both on one footing. He would therefore, discharge both of the women, although he thouuht they were both implicated in the stealing of the jaoket.

OITIL CA8EI. W. Aitken t. Mary Paterson.— Claim, L10. Judgment for plaintiff, by default. Thomson t. Arthur. — Claim, L6 14i. Judgment for plaintiff. J. and W. Bee and Co. t. Arthar.— Claim, L39. Judgment for plaintiffs. Smart t. Leslie. — Claim, L6 13t Id. Judg* ment for plaintiff for amount claimed.