RESIDENT MAGISTRATES COURT.

Oamaru Mail, Volume IV, Issue 1237, 5 April 1880, Page 2

RESIDENT MAGISTRATES COURT.

' - THIS DAY. (Before T. W. Parlcar,.Esq., R.M. DRUNKENNESS. Charles Smith pleaded guilty to having . been drunk and disorderly, and was fined i 103, with the alternative of 48 hours' im- . prisonmentV ' John M'lfoe, charged with haying been : drunk and disorderly, did not surrender to his, bail, and w3s fined 15s, or 48 , hours. Thomas Marks was charged with having been drunk and disorderly outside the railway goods shed, and was fined 15s, with the .option of going to gaol for three days. DRUNKENNESS AND BAD LANGUAGE. . "William Organ was charged with having been drunk and disorderly, and with making use., of obscene language. Accused pleaded guilty to both charges, and was adjudged to pay a fine of 10s for the first.offence, and 30s for the. bad language, or tQ gQ .tQ gaol for days. ; . ' IiARCENY.-J John Straughan ? alias Andrew Anderson,; was charged with. having, at Awa-' inoa Creek, on.the 3,7 th November, 1877,. stolen a silver hunting watch of "the value of E9, from one Joseph Dongal. Inspector Thompson prosecuted. Prisoner, who was undefended, denied the charge. Joseph Dongal, a laborer residing at Kakanui, deposed that on or about the 18th November, 1877, he was engaged driving a dray and two horses from Papakaioito Boundary Creek for.Mr. Wallace. The : dray was loaded with chaff, some of which got loose, and on§ bag fell off, and witness on top of the load to tighten the rope" The rope broke and he fell off,' his: head. He was rendered unconscious . by the fall, did not re? member anything .the following morning. It 'was between 10 and -11 o'clock at night when he fell off, and he did not recever consciousness until sunrise next morning.. He had : a silver watch and chain , on. his person when he fell off . the dray,.besides some money in .silver, a pocket-1)66k,' arid a whip that cost him 12s 6d. ■ The watch produced was the one he ; had in his, pocket. The chain was of. 1 silver. When He recovered CQhscioijsnega »

all the articles were gone. _ He nexfcsawthe watch at the police station a few days' afterwards. He had not seen the money, pocket-book, or whip since, and the chain was not attached to the watch when he saw it at the police station. ' To the prisoner : There was no person along with me that night. I had a com- . panion until teaching Schluter's hotel, when he stopped to have a drink, and I drove on and left him. It was on the aide of the road where I fell. My companion was to go the same road as I went. I cannot say whether her would have Heen „ me if he passed that way. He was intoxicated when I left him. I was not intoxicated when I fell-bff the dray. My companion was in-the same employ as myself. I have seen him since. He did not say whether or not he had seen'me lying on the road. I "do not know whether he is about the town. I was lying on the road when I recovered , v As far as I know, the horses and dray were taken home to my employers by Bomeone, but I do not know who took them or how they were taken.. I did not work for Mr. Wallace again for some time afterwards. I have seen rriy mate since, but I have had no conversation with him as to whether he. saw, me on the road.. It is possible that, the watch, might have fallen out of my pocket, but it could not have gone astray,,, as it was attached to a chain fastened by at long key through a button-hole of my waistcoat. 'I .

William John Graham, a tailor by;trade* and residing in Dunedin, gave .evidence to the effect that he knew the accused, and remembered the month of November, 1877. He saw him about seven o'clock on a Saturday night on the bridge in Thames-street. He had not seen him before, so far as he remembered. Prisoner was in conversation with witness for about five minutes. He asked how work was in town, and. witness gave him a shilling. On the Monday morning lowing, accused went to Mr. Gemmollla shop in Thames-street, where witness was working. Prisoner asked if any of tha men would buy a watch, and iaaid it-'was at a friend's in. the country. No person bought the watch then, and prisoner left the shop. When leaving prisoner said ha would go into the, country to get hia watch from a friend. Witness next savir the prisoner at the Queen's Hotel, between. eight and nine o'clook the same evening. There was a. tailors' meeting at the hotel that night, and prisoner was attending it. After the business was over' prisoner showed the -watch to several persona that ; were : in the room, - but they, did not buy: it, .and he then took it toi , witness. Prisoner said he got the watch as a present from a brother-in-law in the Old Country. He said he desired to 'sell the watch as he wanted to send some money to the Industrial Schoolj Dunedin, for the support of soma children. Wit-> ness bought the watch and paid prisoner L 4 for it. Witness had it about a day in his possession,; and then took it to Mr. Lumsden. The name of the maker waa Rotheram, and the wateh was a-silver hunting watch. Whon he bought it them was a silver ohain attached to it. This chain witness gave away to a friend, as ho had no use for it. Tho watch produced was the same. Hq left the watch with Mr. Lumsden for about a week, and when he called for it 1 , he was told that it had been stolen. He then took the watch to the police station. He, saw - the prisoner in the .gaol yard yesterday with scrtntt other prisoners,and recognised him iamediately. , Prisoner to witness : Did I show the watch' to all the men the meeting 1 ! "V7itness : I should say to nine or ten before I saw it.

Prisoner :• What date was it upon that I showed the watch 1 Witness : I could not say exactly, but I could find it out.

Prisoner: Was I the least afraid to show the watoh that I had in my' possessicm to any of the men 1 Witness : No. , Prisoner : Did I sell the watch to you 1 Witness : Yes. Prisoner : Who was in company with us when you bought it ?' Witness : When I paid you for the watch, there was no one present. Prisoner : Did any person see you get the watch from me 1 : Witness : No. : Prisoner ; Was it inside or outside where you bought the watch? " Witness : It was inside when I made •the bargain, and told you I would give you, L 4 for it. . Prisoner: Was there anyone present at the time? Witness : I think there was one, but I cannot remember who it was. I had to go home for the money, and I gave it to you outside. Prisoner : Was there anyone present when you gave me the money and I gave you the watch ? Witness ; No. Prisoner ; Is that the watch I sold to you ? Witness ; The watch is, I believe, the same as you sold to me. I did not look at the number.

Prisoner : Did you ask me for a re* ceipt ? Witness : I did not think it neces* sary. Prisoner : Has the watch passed into any other hands since I sold it to you 1 Witness : Only Mr. Lumsden's, with whom I left it for repairs. I gave the watch to Inspector Smith when I found it had been stolen.

Robert Lumsden, watchmaker, deposed that he knew the last witness (Graham). He left a watch with witness for a few days for repairs. He could not swear that the watch produced was that which Graham had brought to him. He could swear that it was the stolen watch, but he could not be positive that it was the watch Graham had left with him, unless he liad some proof that Graham had taken the same watch to the polioe station. Graham had left only one wateh with him. This he had returned to Graham and told him' to take it to the police station. To prisoner; I gave the watch that Graham left with me back to him.

Sergeant Beatty stated that he, knew the witness Graham, and remembered him coming to the police station in November, 1877. He had a watch, and said ha wished to hand it over to Inspector Smith as it was a stolen watch. Graham saw Mr. Smith in witness' and they all examined the watch &ud Rooked atthe •num!ber/J Mp,' Smith took, possession of the watfih and locked in up in the safe. The number and maker's name corresponded with those of a Watch reported to .have been stoleni He'had seen 1 thei watch at -Mr. Lumsden's. The watch produced was the same as that handed to Mr. Smith.

To prisoner : The watch did not come direct, into my> hands from the hands of the watchmaker, Inspector Smith and I examined the watch thoroughly, but I cannot say if Graham heard the number of the watch read out nor whether tlia number was mentioned at the time. This closed the oase for the proseoution. Prisoner then made a statement to the effect that he was not in Oamaru at the time; that he was in Southland, 500 milea r away, at the time of the theft; that he never saw the proseQUtor in his life, and knew nothing of the matter ; that he had only been in Oamaru once, about four years ago, and then only for a day; and that he had been in the North Island ever since. •' ' • »

. His Worship, took time to look through the evidence. • ■