MAGISTRATE'S COURT.

Oamaru Mail, Volume II, Issue 392, 31 July 1877, Page 2

MAGISTRATE'S COURT.

THIS DAY. (Uefore T. W. Parker, Ksij., K.M.) DRUNK AND DISOUDKRLV. Alfred John Bennett, for this offence, while in charge of a horse unci dray, at Awamuko, was fined 20.*. STEALING FROM TUB PERSON. John Madden and Elizabeth Johnson were charged with having, on the 25th July, stolen from Henry Uhl, L 9, consisting of one L5-noLe, one Ll-noto, two sovereigns, and some silver. Sub - Inspector Smith conducted the case for the prosecution. The prisoners were undefended. Henry Uhl deposed that lie waa a labourer, and had been employed by Major Evans. He had received a cheque for Lll. After paying some bills he arrived in Oaniaru, and had L 9 7s. Gd. in his pocket-book. He had gone to the house of the female prisoner. Shortly afterwards the prisoner Madden and his brother came in. There was also a woman in the house at the time, and lie thought a policeman came in. He had had some beer, and was under the influence of drink. When he awakened next morning, and found himself alone in bed, all his money was gone ; and, the doors being locked, he got out of the window.

To Madden : About three months ago he had been looked up for drunkenness. Ho had been in prison some 18 months since for obtaining money under false pretences. Constable Johnson stated that ho knew the prisoners, and saw them on the night of the 24th inst., at the prisoner's house, and that Madden's brother, Julia Paul, and the prosecutor were also there. To Madden : The prosecutor came into the house a few minutes after the girls. He asked for some beer, which was fetched. He (witness) refused to drink, and shortly after left the premises. Re examined : He knew tho male prisoner. He did not work for his living. He (witness) had received instructions to keep an eye on him, and he had been pointed out to him as a bad character. Julia Paul deposed that she had never seen prosecutor before the night in question. He had followed tho female prisoner and herself into tho house, and afterwards Constable Johnson and tho two Maddens came in. Some beer was fetched. Constable Johnson soon after went away. The prosecutor fell off a chair on to the floor. She then said it was time for her to go home ind aßked the female prisoner to see her part of tho way. They went into the bedroom, and Madden and his brother remained in tho kitchen with the prosecutor who was still lying on the floor. On going outside she saw the male prisoner with a red pocketbook in his hand.

To Madden : Constable Johnson drank a glass of boor wtiich the prosecutor had "shouted" for, and he afterwards had some with Madden. The prosecutor had said that he had no money. Re-examined : The pocket-book she had seen in the prisoner's hand was of a dirty red colour, but wa3 something like the one produced. [A black one.] Madden had told Lizzie (the female prisoner) to go into the bedroom, but she refused, saying that "Madden wanted to rob the man/' Madden then struck the female prisoner in the face with his fist, she then went into the bedroon, and was followed by witness. This was the case for the prosecution. At this stage of the proceedings the female prisoner was discharged. The prisoner Madden then called James Fulton, barman at Maitland's Hotel, but whose evidence had no bearing upon the case except in so far as contradicting a statement previously made by the prisoner. James Hill was then called by Madden, but his evidence was of no importance, merely showing that he (witness) had been in Maitland's Hotel on Tuesday night last, in company with accused and others, and had seen prosecutor there. Henry Main was also called, and deposed to having been in Maitland's Hotel on Tuesday last, with accused and others. The prosecutor came in and asked someone to have a drink, and after getting the two drinks called for, but which were not drunk, went out the back way without paying for them. There was no one sitting sufficiently near the prosecutor to rob him.

Cross-examined by Sub-Inspector Smith, witness said lie remembered telling the prisoner that he had better get to work, and not carry on as he was doing, for if lie got five or six years in gaol it would make an old man of him. His reason for saying this was in consequence of accused carrying on card-plaj'ing, and such proceedings. He had told him that he had better get to work. He had been eleven months in Oamaru, but had never seen accused at work, though he had seen him in working clothes. Richard Madden, brother of the prisoner, stated that, in company with prisoner and two other men, he was in Maitland's Hotel on Tuesday night. The prosecutor came in, and asked the company to have some drinks. Two drinks were brought in, and accused then said he had no money to pay for them. He (witness) went with prosecutor to Mrs. Ross", end some dispute arose there about his leaving no money to pay for the drinks. Witness then left prosecutor at Mrs. Ross', and shortly afterwards met his brother, and they went to Miss Anderson's. When they went in, Julia Ann Paul, Lizzie Anderson, the prosecutor, and Constable Johnston were there. Prosecutor was lying partly on the floor. Prisone" and prosecutor shouted a bottle each. The prosecutor was beastly drunk. The constable went out, and witness and prisoner shortly afterwards left, and went to Julia Paul's house, and from there they went home. Prisoner had witness'overcoat on that night. There was an old pocketbook and some other tilings in the pocket. He saw prisoner with the pocket-book that night. He could identify the pocketbook, as hi 3 name was written in it in several places. Prisoner had been ordered by a doctor not to go to work, as he was suffering from heart disease. It was three months since prisoner and witness were working together. Prisoner then drew about L2O. "He (witness; believed prisoner was at work when he came into town at the time of the Craig ca3e to give himself up to the police. In reply to Sub-Inspector Smith, witness said he believed it was Dr. Garland who told his brother not to work, as he had heart disease. He would swear that when Constable Johnston left the house the prosecutor was sitting on the floor. He heard some words pass between Lizzie Anderson and his brother that night, but he did not hear Lizzie Anderson tell his brother that he should not rob the man, and that if he did she would give information to the police. His brother gave Lizzze Anderson a slap on the face, and put her into the bedroom, but his brother did not close the doer upon her. His Worship then stated that he would take time to look through the depositions, and prisoner would therefore be remanded for a short time.