MAGISTRATE'S COURT

Oamaru Mail, Volume I, Issue 203, 14 December 1876, Page 2

MAGISTRATE'S COURT

♦ THIS DAY. ' [Before T. W. Parker, Esq., R.M.] CIVIL CASE. PEET V. STEPHEN HUTCHINSON. Claim for los. There was 110. appearance of defendant, and judgment was given by default for amount claimed. DRUNK AND DISORDERLY. Thomas North more and William M'Auslin were charged with the. above offence. Both prisoners acknowledged their guilt, but as it was their first* appearance in Court they were both discharged with a caution.

allowing a cow to wander. ■ James Reid, for allowing a cow to K.B large within the limits of the town,® complained against by the Inspector* Nuisances. As this was not the firstX casion, he was fined in the sum of 4s. ■ STEALING A DOG. I Alfred Moir was charged on the injß mation of Mrs. Craig with stealing a a J yellow terrier dog, of the value of £3, tB property of Mrs. M'Lean. I Sub-Inspector M'Cluskey stated beiß the case had been commenced, that siifl the information had been laid he was jB formed that the dog was not the propsiß of Mrs. M'Lean, but had merely beenlß in her care. B Martha Craig deposed I am the wB of William John Craig. I know accuscß who was boarding at my husband's houß He left I think on the 7th instant. 3m M'Lean is boarding at the house. She hfi a little yellow dog, which I always lB lieved to be her property. The dog « was in the house the morning that si cused left, but he was shortly afterwarß missed. The accused was known by tlB name of " Ted," and was employed at Ml Henderson's, the painter. I suspectJ accused of stealing the dog, and I laid 1 information to that effect. B To the prisoner : You always callß yourself Ted, and I always called you Teß Elizabeth M'Lean deposed : I am tfl wife of Donald M'Lean, and stopping fi Mrs. Craig's. I know the accused, wlB was boarding at Mrs. Craig's until aboS a week ago. A man who had been stoß ping at the house said he had lost a doB and asked my little girl if it should com back to the house to take care of it. Thß dog did come back, and I took care of ifl I had charge of it for about a week. B missed it about seven days ago, on tin morning that accused left the place. 1 never authorised him to take the dog away, reither did I give any such authol rity to anyone else. The value in mjß estimation would be about £2. | To prisoner : The dog was given into! both my charge and my daughter's, as we| were both standing together when lie saidl so. I am not aware that it was you that! found it. I did not see you bring it into! the house. 1 William Reeve deposed : I am a constable of police, stationed at Waimate. From information I received I arrested accused between Timaru and Christ church. I told him he was charged with stealing a terrier dog at Oamarn. He made no observation at the time, but he afterwards said that he had lost it near Waimate. That was when he was on the way to Christchurch. I then brought him to Oamaru. He made no claim to the dog. A search has been made about Waimate for the dog, but without avail. The accused said that the dog used to fellow him all over the town, and that it had followed him into the train. The Magistrate remanded the accused until to-morrow, to allow of a further search being made for the animal. STEALING FROM THE PERSON. \ ' James Leslie was charged with stealing the sum of £9 in bank notes, from the person of William Farley. Prisoner pleaded " Guilty," and was defended by Mr. O'Meagher. Sub-Inspector M'Cluskey stated that prisoner and prosecutor were both shearers, and had been paid off from Mr. Menlove's statien. After Jeaving the station, they went to the Maerewhenua for a drinking bout, where Farley cashed a cheque, and getting very much intoxicated, found, ■ on becoming sober that he had lost his money. On making his loss known to the landlord, he locked the doors and sent for the police, but in the meantime prosecutor discovered six pounds of the money had been put back into his pocket. "William Farley deposed : I am a sheep shearer, and have been lately working at Mr. Menlove's. We got paid last Saturday night by a cheque for £ll ss. 4d. I cashed the cheque at Ngapara, and received the change in single notes. I then went to Gallagher's Hotel, in Livingstone. I think I must have spent about £1 there. About nine o'clock on Sunday, I went to. Carlin's Hotel. 1 was not drunk when I arrived there, but was shortly after, and staid there all night. I know Henry Brown, who is my mate. I could not swear if he stopped at Carlin's on Sunday night, but I think he did, as he was there on Monday morning. I had my notes in the pocket-book produced, in the outside breast-pocket of my coat. I neither remember having breakfast next morning, nor speaking to Brown. On Monday morning I had my pocket-book in my hand, from which I took one pound. There should have been nine others left, but I did not count them. I got drunk shortly afterwards. I remember going into the kitchen, and I believe it was in the forenoon. I never recollect seeing the prisoner anywhere but at Gallagher's until he was locked up with me. • Therewere four or five of us locked up in the house together. We were locked up because it was discovered that my money had been stolen, and the landlord had gone for the police, to have everyone in the room searched. I don't think I had any notes then. The Sub-Inspector was then proceeding to put certain questions to the witness, when Mr. O'Meagher objected to the witness being led, and appealed to the Bench that the usual custom such as the law allowed would be adhered to. A lengthy discussion then ensued between the Bench and the Bar as to wnat constituted leading questions, which* ended in the vehement protest by counsel for prisoner against the course sought to be introduced. Examination continued : I was at this time. I don't remember what the conversation was about. I remember telling Mrs. Carlin that I had found six pounds of my money in my pocket. It

had been plat-Kit there, no ll , in my book. Eh w;u when £ trnfc '!'■ .1 'ft we were sitting in t!>o room I ! ad m> conversation between Sydney an ! v. [ do-mil! know how (she- six |'on-->>M in. to niy pni'Ai:!'. ( < I!r V noli ir r CpoHH-' .vv.-r-i - ' h'\ '■ ■' 'I • "r : r . did not feel any tuvtul in *.;y pocket ; neither could i say who took £'••• ; • "uy. J waa nol; enough wheu I ■ ■ had my rronev »>ttfc to be certain whether F hail fnt it back ititin niy pocket-book.. In fact. might have put it loosely info my poefeet. Prisoner said, when wo were locked up, " ho wished the police v.outd en my and let tis nit out;"' so did Craig and Brown. I found my money before the poticemrn bad e»mo. My mi>ri"y vnw* alt in JEt-noles. E had £t'> when £ «jofc to Livingstone. Henry Brown deposed : I am a shearer, and 1 have got a mate "anted William Farley. I know Carliu's Hotel at Livingstone, and slept there last Sunday night. Farley also stopped there. t had breakfast! there- nest morning, and I bctieve prosecutor had his, aUt>. I remember seeing htm with Ids pocket-book m hi.* hand in the dining-room. I asked him it ho had lost anything, and fit: said •' Jio," anil gave me the book tocount thy money. I book it, opened it, and counted ton single £i-not«st. After f had done, he folded them up and put them back into the parse, E was sober, arid he was sensibtj merely suffering from the elf eta «>f the night bei'ore. I did noi; sue Farley in any particular part of the house. I know where tin; bar is. I saw Far ley having a drink at the bar, to pay for which he changed a pott at I note. I did not see prisoner in the house at that time. I nest saw Farley in the kituhen ; an hour afterwards steeping on a chair. Mrs. Carltn and I took him to a bedroom. He was drunk at the time. When we took him into the room he- had his pocket-book in his hand, but £ had not noticed it before. I told him to put it away. ££e dropped it on the bed and £ took it np, opened it, and found no-money in it. V«e searched him, but eollld find no money on hint. I told jV£rs. Carlin ail his money was gone. The order was then given by Mr. Cari'in to close the house. 1 1' hi. re were then in the house —.faiue.t Craig, Farter, a man who went by the name <•»£ SSydu.-y, air:! prisoner, beside Mr. and Mrs. Cadiu, and the servant girt and myself. E'risoner was in the bar v.-hen the money was missed, ft ? produc ed lus, and sa'd ** well, here's alt I have," showing two five-pound notes and a art. no* v oc notes, making about twenty pounds in all. f[j handedt em to t 'ar'.iu, and £ b dieve gut U back again. Carlin S'nm left the house in o'uwg-i <>c James Crai ; wail ; he Went for See poli ee. Tie I uid lor I then lilted that wo should seare v iv'uu before he left for tie police. Wo found some silver on him, l>;tt no no''os. a s>in rl? person to my knowledge Icfo fie hou.i-> after Cartiu had gone for the po!i,:.. ISo ©tt» left the home until twelve- t le .nj-y a»tea t!ie o ueirreuc.'. 1 saw prisoner, iFartey, an.l anitier man tv.MU"! I %du'->y sitting in t!m pa-.'lor. Car!in_ d. t not return uahil about four o cioj;c n '.xt day, but the p >lbe ha I eo.ne li-sS.. £ did riot hear Farley make any remark t > Mrs. Carlin. Lh'oss-eXt/min nt by Sir. CVJ£ -a;!n;r : Atbhoitg i I suit I saw pnwuci'tfor having bat one drink on Monday morning lie taay have ha I more, as £ was not. in his«on»pany all the times. I searched Farley, ant 1 put my I lands in his pocke's.. £ cannot say £ touched t ie butoom, but I fett nothing. When prisoner pulled out ilia money and gave it to Carlin, £ betieve Sidney and (Ji'aig wi re both in the bar. ►Sydney did not otfer to turn out his pockets >r produce any money, tiiat £ swear. I did not turn out my pockets, produce any money, or od'-r to have inysdi searched. Sydney is a complete stranger to me. He said he was a siiearer. but he did not state any place where lie had been at work. I cannot say if he ca"ries mt his occupation at a public house. £ hear.! Farley say that he did not know anyt :iivg about the rubbery, and that he did not wish to prosecute anyone. During the day, E heard Wydney say repeatedly t.iat he bclijml the money was about Farley's clothes. [ Left setting.}