Hampden Police Court.

Oamaru Mail, Volume XIX, Issue 5908, 2 April 1894, Page 4

Hampden Police Court.

A VERY HARD CASE. (FROM OUR OWN CORRESPONDED) At the Police Court, Hampden, on the 29th March, William Ward, a youth of 17 years, was charged by Constable Joyce before W. Murcott, R. Ewin, and D. E. Lefevre, J.Ps. with having stolen LlO 18s about the 16th March, from John Dyer at Hampden. Detective O'Brien of Oamaru, prosecuted, and Dr Findlay of Palmerston appeared for accused. Constable Joyce acted as Clerk of the Court.

Prosecutor, who gave his age as 74 years, created considerable; laughter, by his witty replies to the Bench. Detective O'Brien managed to pilot him through his difficulty, but the officers of the Court barely managed to keep the audience from a continual stream. of laughter. Prosecutor said he lived in a two- , roomed house at Hampden, and kept his money, which was intended to buy his coffin, in a cash box which was placed in a large box in his bedroom. The cash box was locked and the larger box was unlocked. The key of the cash box was left attached by a string to the handle. About the 16th a youth came to his house, and said his name was Ward. The youth remained some time about the house, and prosecutor went to a neighbor's house a short distance off, leaving the youth behind and his door unlocked. On his return a short time afterward, accused was not there. Some few days afterwards he went to the box to get 6d to buy a loaf with, and he found the money, which consisted of ten LI notes and nine 2s pieces, missing. Ke then informed Constable Joyce. In cross-examination, prosecutor was asked by Dr Findlay if the accused was the boy whom he had seen at his house, and who gave his name as Ward. Prosecutor said he could not say, nor whether the boy in Court was named Ward. Prosecutor then took the cash box in his hand and opened it, saying, "Is the money in it now? If it is, give it to the clergyman." Looking over at the clerk of the Court, "He'll take care of it for me." Needless to say the individual whom he designated the clergyman had never been born under that lucky star, but had taken entirely an opposite calling. It was, indeed, pitiful to hear the old man say, when pressed by Dr Findlay: "I rather drown myself than come to Court S I knew I have this bother."

William Bolton, a youth, said he met accused on 16th March, near the Hampden Hotel Accused went into the billiardroom, leaving a boy named Cleghorn and himself on the street. In a short time he returned and asked witness to change a pound note, which witness did, giving him the silver. Accused then went and purchased a bottle of ginger beer which they drank. The three boys went along the road and witness left for his-home. Witness was not cross-examined.

Constable Joyce stated that prosecutor informed him of the loss of the money on the 21st March. Oh the 23rd March he went to Dunback, where he found the accused. He told him that he had come over to inquire regarding some money lost by John Dyer. Witness took accused to an engine shed, searched him, and found only a penny on him. Accused then said : "I am sorry for it. I spent all the money at Palmerston and Hampden on clothes and other articles. I saw old Johnny go into Murray's. I went inside, had a look at the box, returned to the door, had a look oat, returned again, and took the money. There was only tlO 18s in it Prosecutor's house is situated a

Short distance from the road, and is surrounded by small trees, and any person might have entered it unobserved." Witness, in reply to: Dr'Findlay, said accused first denied all knowledge of taking the. money, but afterwards admitted as stated. -Any other person might have as easily entered the house as accused.

Dr Findlay then stated to the Bench that he was taken* by surprise at the evidence of the prosecution. The evidence given by a man of Constable Joyce's standing was very damaging, and as the Constable had given his evidence in such a clear manner he had no reason to doubt it. He would therefore ask their Worships' leave to withdraw the plea of not guilty and substitute the plea of guilty, and ask their Worships to deal with prisoner under the provisions of section 179 of the Justices of the Peace Act, 1882. . After considerable argument from Dr Findlay and Detective O'Brien, the Bench intimated that they would deal with the matter summarily. Detective O'Brien stated that accused was convicted of assault in 1882. The Bench, after some considerable argument amongst themselves, said they were sorry they could not agree with Dr Findlay's suggestion of sending the youth to Oamaru gaol, where he would not get mixed up with hardened criminals. The offence was a most cruel one, and they did not think the ends of justice would be met, even though the prisoner were a youth, without giving a term of imprisonment. They hoped it would act as a lesson to him not to commit the like again. The sentence of the Court was six months' hard labor in Dunedin gaol, and the restitution of the amount of LlO 18s to prosecutor, as provided in the Criminal Code Act, 1893.