MAGISTRATE'S COURT.

Oamaru Mail, Volume XXXIX, Issue 10761, 8 May 1911, Page 4

MAGISTRATE'S COURT.

(Before Mr T. Hutchison, S.M.) ALLEGED BREAKING AND ENTERING. A .voting man named George Tripp was charged that on April 29 he did | break and enter the dwelling of Fran- '• cis John Fisher and .steal therefrom one ] suit of clothes value £3 15s, two silk kerchiefs value Bs,' half bottle of scent value Is 6d, hat value 6s 6d, two shirts value lis, and £6 10s in monev, of a. total value of £ll 13s. Sergeant Stagpoole conducted the prosecution, and Mr Ongley appeared for,the defence. Francis John Fisher, employed by Mr Macaulay at Allday. Bay as 7 a farm laborer, said that he. and accused occupied separate rooms/ in. a. thtee-ifoomed whare-situate, aboiil; five hundred. yaiSfe from Mr Macatilixy!s hpuset They had. different keys. ■- On : . the morning of the 29th witness left home about 6.30, locking his door and taking the key with him. The window of the room was secured.. He returned' ahout twelver—a little, while after dinner. Ac-; cused left dmner at the same -time as witness and went towards the' cottage while wiirieSs went to a shed about,two chains away. When witness 'werit>to the hut he found: that the door of his' room : had;/been: broken 7 open. ■". When asked; if : Se>- had- .burst'- it open accused did: hot reply. ./Gaping into rhis room witness found that a/suit of clothes and a hard hat were missing. A little later accused, came into the room, and said; 'T'vife lost a fiver top," and then, "Whati do j'.oii take me for?" They both went out and witness shut the door as best he could": On examining the door witness found that the bolt was not shut back. . Witness returned about three hours later with Constable Woodley. When they examined the room again they found that the other articles mentioned in the information,were missing. There were marks on the outside of the door as if it had been struck with "a bar of iron ; or something heavy, arid as if some person had placed; a foot against the door to push it open. There were marks also beside the catch. When Constable Wp.odl.ey tried the dpor he found" thai" he could not force, it by throwing his weight against it: Ac-cused-said no more about the matter till Sunday night, .when he made a statemerit to> the constable in witness' presence. v Wfynesj* thought that the door of his room had been unlocked and not forced. The key given t<i accused for his own room did not fit witness' door. Robert Macaulay, farmer, Allday Bay", in whose, employ Fisher and Tiipp were, said; ithat he gave accused, a, key sorne time, ago, as he, reported ythat a swagger; had taken a; rug from his-roora. The key witness gave would hot fit Fisher's door. The key produced was not that given accused, though it was like, it. ' Witness, heard Constable Wopdhey asking accused for his. way,-when accused gave the one produced. ThisiOne would fit Fisher's lock-,- but the one witness gave accused' would not. -On.April 29 witness having heard of the thefts on IjiisT way home from Oamaru said to accused, "Wliat time' was the cottage broken-into ?'" Accused said he did not know, and he also stated that witness' watch which he had lent to accused had .also gone. Witness said, "I thought you 7 had it. on when you came to the stable this morning." Accused said, "No, it was this one," and produced a watch from his pocket. About ejght o'clock that evening witness asked accused to tell him the truth about the theft and if he had had anything to do with it. lii reply accused detailed his movements in the morning. It was possible for anyone after covering about three chains from the cottage to_ the beach to go along under the beach bank without being seen. , Constable Woodley described how he examined Fisher's room. While doing so accused came into, the room and said, "It's pretty accuses me of this. I've lost more than he has,. Ive lost the boss' watch and a fiver.' Fisher laughed and said, "I didn.t accuse you." 'Witness then went into accused's room and accused showed him a suit of clothes and a top coat, which he said were lying on the floor when_he came home at dinner time. He then took a purse from a tin trunk- and said, "This is the place where I. had -my money." Witness then took from the door a. key (produced) which accused said was his. On examining the lock of accused's room' witness found that the brass portion of the catch was missing and the top of the catch split a little. In the evening Fisher and accused made statements which were taken "down by witness and signed. On Sunday witness returned and, found that several footprints on the beach and in a plantation corresponded with the prints of defendant's boots. Witness said to accused, "You were down here He replied, "I was not." Witness said, ; "I suspect you of having committed' the act yourself and will probably have to arrest you." Accused then said that he was in that locality on Friday. ■ Witness drew his attention to. the fact that Friday" night's rain would have obliterated any marks. Later, witness arrested . Constable Woodley further described the state of.the door to Fishers room, and said that he could not hurst the door, open-by throwing his weight against it when it was locked. He was sure the door was not burst open by 'force: it had been:unlocked. _ Evidence was also given by Alr-s Buzari relative.;to accused's movements in the morning. -•- ; ■ MAINTENANCE. ■ Charles Edward Reynolds, charged with failing to provide for the maintenance of his wife, was ordered to pay the sum of 10s a week.