RESIDENT MAGISTRATES COURT.

Oamaru Mail, Volume IV, Issue 999, 3 July 1879, Page 2

RESIDENT MAGISTRATES COURT.

THIS DAY. (Before T. W. Paukf.r, Esq., R.M.) DRUNKENNESS. Timothy Kennedy, charged with haviuc been drunk and disorderly in Thainesstiect "•* " night, was cautioned and discharged.

Catherine Grant was charged with having been drunk and disorderly j u Thames-streeet at an early hour 'this morning, and was lined ss, with the alternative of going to gaol for 24 hours.

LAIICEXY. Agnes Wilkinson was charged with having, yesterday, stolen a cosey, of the value of Gs od, the property of Jaine« Mulligan.

Inspector Thompson prosecuted, and Mr. O'Meaghor appeared for tho accused, who pleaded Not guilty. '

Edward Joseph Walsh, manager for J. Mulligan and Co., deposed that sonic time about four o'clock yesterday he was in the shop and heard some one pulling the stuffabout outside the window. Ho told the assistant to see who was at the goods, and jumped over the counter and wont to the door. He then saw the prisoner going away from the door, and about 15 or 20 yards from the shop. He followed her, and on getting up to her touched her on the shoulder. He threw back her shawl and found the cosey produced, which he recognised as one he had put outside the shop. He took accused to the shop and gave her m charge. Mr, OMVtoagher briefly cross-examined tho witness.

Humphrey Oliver, shopman with J. Mulligan and Co., identified the cosey, and stated that he had not sold it. About five o'clock he heard a noise as if some one was pulling something oft' one of the strings on which goods were hanging in front of the shop. He followed Mr. Walsh to the door, and saw a woman walking up the street, but did not see her face.

The witness was cross-examined by Mr. O'Meagher, but nothing material was elicited.

To Inspector Thompson : No person is authorised to sell in the shop except Mr. Walsh and myself. To his Worship : There is a quantity of goods hung up outside the shop. I exercise hearing if I cannot see the goods. Thomas Livingstone, constable, gave evidence as to having arrested the accused in Mr. Walsh's shop, about half-past five o'clock last evening. She appeared to be a little under the influence of drink. She stated that she had bought the cosey from a woman in the street, for 2s, and described the woman as a short, stout woman, with a, red shawl on. t She said she might possibly know the woman again. This was all the information she gave.

To Mr. O'Meagher: I did not ask prisoner for. any further description, except whether the woman had an umto which she replied " No." I shor i.i not arrest any woman with a shawl on without taking great precautions I was inclined to believe prisoner's state* / ment, as I suspected another person, but I the description given did licit correspond with that of the person I suspected, Humphrey Olivey, re-called ; The cosey

was hanging o.n the north side of the door.

Mr. O'Meagher said that although tho prisoner's statement might seem exec*l- - strange, it was not moro j than the evidence of the witnesses Walsh and Oliver, The prisoner's statement, as given to him, was this : She was returning home in the evening after being out washing all daj', and when near Lippert's \ corner she met a woman of low stature '' with a brown hat on with large plumage, who begged of her to buy the cosey, as she wanted money to buy bread for her children, and it was on this account that the accused bought the gaudy article, and not because she wanted it. He had known the accused for many years, and oould safely say that she bo.re a good character. She had resided neav him, and ho had never heard anything against her, Her husband was a steady, industrious man, and he regretted seeing the accused in such a position. He then referred to the very great temptation offered by drapers and others hanging goods outside their shops, and asked his Worship to deal with the case under the 82nd clause of the Justices of the Peace Act, which enabled tho Bench, when the theft was of a trivial nature, to dismiss the case, even though a theft had been committed. W. G. Filluel and John M'Laren were called to speak as to the character previously borne by the accused. Both gentlemen stated that they had known her for many years, that she had been engaged to work about their placos, and that they had never heard anything against her.

His Worship remarked tha,t lie had no doubt that the case was tho outcome of a love for drink, to which prisoner had become somewhat addicted. He would advise her to pull up at once, otherwise her present course might only lead to more dire results. He would use tho power given to him under the clause of the Act mentioned by Mr. O'Meagher, and dismiss the case.