RESIDENT MAGISTRATE'S COURT.

Otago Daily Times, Issue 2118, 18 November 1868, Page 3

RESIDENT MAGISTRATE'S COURT.

Tuesday, November 17th

(Before James Fulton, Esq., R.M.)

Drunkenness. —Thomas Wilson, for this nffeiico, was lined 103. James Wilson and John Barret, for drunken and disorderly conduct, were each ordered to pay 20s, and in default were sent to gaol for 48 hours. GARRETT THE CONVICT.

Saor LiFTixrj.—Henry Garrett alias Rouse was brought up on remand charged with hiving, on or about the first of July last, stolen a cloak, value L 2 fis, from the shop of A. Walker, Georgo street. The following evidence was given — tho Commissioner of Police conducting tho

prosccutiHii : — Lavinia Walker : I am tho wife of Alfred Wai kor, draper, George street. The coat produced is one I missed from the shop on tho evening of tho lst of July 1 identify it by the loon, whioh 1 sewed on myself. I did not sell it to anybody. Ido net know the prisoner. Mar»nret Henderson : The prisoner lod'tc' at my house. A lar^e white box, taken away by Detective Thomson, belonged to him. On the Magistrate asking tho prisoner if he had any question to ask of the witness, ho replied in tho negative, and added, " But I havo a request to mako— one that I think you will, in common justice and fairness, grant. I lodged with that lady, and I owe her for two weeks' hoard and lodging—L2, I think. I would like to have that paid out of the money that was in the purse taken from

me. The Commissioner of Police : I will see that it is dono. , T The Prisoner: Thank you ; tliat is all 1 want. Detective Thomson then gave evidence of finding the cloak,in a box, which had been proved to belong to the prisoner. This closed the case, and tho. Magistrate deferred judgment.

Skeleton Keys.—The prisoner was then charged, on the information of Constable Jolm Nagle, with having in his possession, on the 9th inst, a number of housebreaking tools, contrary to the Vag-

rant Ordinance. The informing constable Btaced that, on arresting him, he found in his possession seventeen skeleton keys and a piece of candle.

Samuel M'Carthy, locksmith, Stuart street, said that the keys produced were skeleton keys. Some of them would open ordinary door locks, others were for night latch keys, and others for cabinets, desks, tills, and boxes.

This closed tho case, and judgment was again reserved. BRBAtcrxo into Prbmises.—Garrett was next charged with having, on the Oth inst., feloniously broken into Mr Allan's shop, Princes street, and stolen therefrom a brooch, a garden syringe and trowel, packets of seeds, and of fancy confectionery.

Tlie following was the evidence given:— James Prior: lam a seedsman in tho employment of Mr Allan. I was in the shop on the morning of tho 9th inst., the holiday. I locked both back doors at a quarter past eight in the morning. The front door was locked from the inside. I took the keys with me. The back door is approached through a passage in Farley's Build ings.

Tliomas Allan : I am the proprietor of the shop in Princes street referred to by tho last witness. I was passing tho shop at four o'clock in the afternoon of tho Oth inst. I was with Mr Reid, and I went into Farley's passage with the intention of going into the shop, I found tho back door closed to, but unlocked. I said to my friend, " Prior must havo left tho door open," and in his company I went in. We came to tho middle door,, and found it also closed, but unlocked. When we opened that door we wero in tho shop. I pushed open the door, and it was all dark. I said, " There's Bomeone in the shop, strike a light." As I said the words he struck a light, and on turning round I saw a man by my side. I caught hold of him by the arm, and at the samo moment Reid said he's got & syringe, and seized him also. I a«ked the man what ho wanted there. Ho said, " Do'nt tako me, I've suffcied enough already, and I'll square it." Reid exclaimed, "Come out into the passago then." Ho did so, and he again asked us to square it, and walked quietly.with us until we called in tho constable. I identify tho syringe and the garden trowel, and tho seeds produced. I saw thorn taken from tae prisoner's person by Constable Nagle. I also saw tho packets of fancy confectionery taken from his person by tho constable. I had goods of this sort in tho shop. leannot positively identify tho brooch produced, but it is like one that was in a box in the till. I saw the constable tako a number of keys from the prisoner, one of which opened both the back doors of my shop. Mr Reid, who liad been referred to by tho last witiums, gave evidence corroborative in every particular. Wilhelmina Allan, tho wife of the prosecutor, identified the brooch which had been found on the prisoner as her property. Sho had last seen it in a match box in a side drawer in the shop. Sho had placed it tbere herself.

Constable Nagle : I saw tho prisoner on the afternoon in question in Princes street. I missed him from tho street, and had passed Mr Allan's shop a few yards when Mr Allan called me back, and gave tho prisoner into my custody. I found the garden syringe, tho trowel, tho seeds, tho confectionery, tho brooch, a piece of candle, and the skeleton keys produced, in his possession. One of the keys opened tho two doors of Mr Allan's premises. I took tho prisoner to the watchhouse.

Tho prisoner, on being duly cautioned, said, " I have nothing to sny." He was then commuted to take his trial at the next sitting of tho Supreme Court— Criminal Session.

Stealing krom a Siior. —Tlie prisoner Garrett was further charged with having, during the month of October, entered tho shop of Benjamin Bagley, chemist, Great King street. Tho articles with which tho prisoner wns charged with stealing, almost covered the solicitors' tablo. Amongst them wero several dangerous poisons— strychnine, chloroform, arsenic, henbane, foxglove, together with ammonia, bronzonette, perfumes, smelling-salts, perfume fountains, brushes, combs, fancy Roaps, &c., &c. Mr Bagloy Benior identified many of tho articles produced as his property. Some boro his private mark ; others boro tho retail price in his own handwriting, and others he identified as being made up from private formulas, or being of a class only imported by himself. He stated that he had two shops, iho one in Great^King stroet being in charge of Mb son. No one lived on the premises. Mr Bagloy junior also identified some of tho goods, and said that on going to tho shop on ono or two occasions he found a difficulty in opening the door, and hnd thought at the time that some one had been tampering with the lock.

Miss Henderson repeated the evidence given by her in a previous case. Detective Thomson stated, that in the company of Detective ' Farrell, ho had visited tho prisoner's lodgings, and had got a box from thero, in which tho goods produced and sworn to by Mr Bagley and liis son were found. Ho produced a key, one of tho lot found on the prisoner, which fitted tho lock of tho. door of Mr Bagley's promises. Tho prisoner, who reserved his defence, was then committed for trial upon this charge. For stealing the cloak he was sentenced to six months' imprisonment with hard labour ; and for having tho implements of house-breaking in his possession, he was sentenced to twelve months' imprisonment, also, with hard labour. Wno Owns tue Doo ?—Donald Cameron was charged, on the information of James Bunco, with illegally detaining a doir, of the value of L- r >- The defendant liad previously been chnrged with s'ealintr tho animal, nnd.tho case had been dismissed. Mr W ird appeared for the complainant, 'and Mr Harris for tho defendant. A Jar-jo number of witnesses were examined to show that the dog belonged to the complainant, and the case was adjourned to enable the defendant to bring hia witnesses io show that the animal was his from a pup, that bo had reared her, and thnt it never was tho complainant's property. ■