WAIMATE POLICE COURT.

Oamaru Mail, Volume XV, Issue 7882, 12 July 1900, Page 1

WAIMATE POLICE COURT.

(Before Moshis J. Manchester und Graham, .1 unticcM.) Andrew VVix<ui and Ilapo Whairil I wero charged by the jiolico ivitli breaking ami ontc 1 iiifjf :i dwelling at Wiiilaki North on or about 11)0 3rd id June, nnd Hleallng therefrom a pair of waders und IrouHem, (lie property of Jonathan Mitchell, of Oamaru. Constable I'urker prosecuted. Accused appeared under ri-niuiid warrant, having boon charged <m tho 4th instant. Whairiti is 13 yearn and Wixon 17 ye«r« of ilgo. Mr Clement appeared for uccuhckl Wixon. The charge including Iliat. of breaking and entering n dwelling, put the uiihh beyond tho jurisdiction of the Magistrate'*) CourtMr Clement submitted thai. tho hut which had been broken waH not a. dwelling iw defined by tho Act, it being only lined by imhermen during the (lulling season, and being quite deserted and unoccupied during about half the year. Tho Bench being of opinion that, tho hut ciimo under tho definition of dwelling, proeeoderfl to bear tho evidence. Jonathan Mitchell said ho wn# part owner of a. hut near tho Waitaki Ulver inoulh. On 281, h April he locked tho door of the hut. and took the key. J!o next saw the hut on Juno 3rd, arid' found, tho lock forced and tho door open. A pair of Waterproof waders were miming. They belonged to witness, ami wire valued at, about 14m. He had not given anyone tho key or authority to enter since 28th of April. The hut in (jtkMioti wan own«Mi by tight shareholders, of whom witness was ono, and. he, as custodian, kept tho key. John Pukuraki sa.id ho saw both (iceii*e«l at hiN house, about two months ago. Wixon then had ,i jmir of white wa-dors which ho said were taken by Whairiti from Mitchell's hut, Witness told tho accused ( 0 return tlie waders to the hut. Constable Cough said ho arrested hotli accused on the, 3rd of thin month. On bwntf arrested accused Wixon naid Whiii. riti broke into tho hut and took tha waders. The latter, on arrest, said it wrui Wixon who had entered the hut and taken tliom. Mi Clomtmt finked for an ftdjournwonfj for an hour, to allow him to look up authorities as lo tho definition of (lie term dwelling under tho Act. Tho adjournment wan grunted by tho Bench. After production of authorities on tho subject, tho Bench were utill of opinion that l.lio hut was a dwelling n« defined l»y tho Act. Mr I'iko linked leave to speak for thtt hoy Hapo Whaitiri, who had t»dth« parents or friends here, and tho evidence of (ho boys wa» taken for tile defence. The charge against Hape Whnitiri mm dismissed, and Andrew Wixon vu comI fitted for trial at the Supreme Court, Timaru, next sitting.