CITY POLICE COURT.

Otago Daily Times, Issue 14439, 4 February 1909, Page 11

CITY POLICE COURT.

\Vkiixi:simv, Fedumhv 3. (More .Mr li. Y. Wklduw.son, S.M.) AlliMjed 'llicft of Timlier.--IVicr U.uziel, on rciu.iiKl, ap|H-iirt'(J to answer a cliaryu tlial, Oil January Uil, ut Souili Uiinedui, lie (lid sleiil u <|ii;uitili' ot t.mber, v»lu«t at 3Us, Die )iri)|ierlj' uf S, &utt. eiisi'vl, tluuugli Air i Ja\vl; i n.-,, [ileailetl "Aol gum j. '-Stiilioii Seravaiu Kn.g Siuil tlnii lor nome lime euniiiiaiiiiilil, \\|iu «;ir. a Ijuihllt, Imtl been iiibsing liuilwr irom u huti.-u in tuttisu ot erection ut Souiii Uuneiliii. On tlie niglil in <|iicstiuii a man niuiieit Hotting, wtw lived in the iieiglilnMii Ikjoil, whs iuvakened by ;i iioi.-.1-, aiKl mm- ueeii-ed walking away with some limber over tus shuultler. At aeeiiswl s reiidenee a i|iian(ity ot timber was louilii, and euin|iiainuin would shviu- tlial f.iiuie of tins was Ins, js u l ; oie bis piiiaie mark. Hiewart Heoti, tlie ioin|iiiiinaiil, gave eviitcnee in .:ii|>|iurt ot the Maiion ter geant's statement. tie saw the timber (pruihiectl) ai neeiised's house, ittul aieused Mild lie received it tiom a tetioiv eie'iuir dllvet', U llni'ss nk'litilied Oliu JIIC'CU ot timber by a. certain paint sput. tie was in the haiiit of marking ttie tii|i l;oinds of 4t stack. Allvrt Sniitlisuii, apprentice et the previous witness, said he ran ilie timber (pi<Htiiewll in iieumeit'a yanl, anil reiognisetl it as Mr Siolt's liy its gineral apliearance ami by sand niiirks on H.- J.jim Samuel iloitmg stutcxl tuai one morning about 3.45 he hii-s awakened by a dog barking, ami he heard timber rattling find went to I In: .vinilow. \\ itness's hcuse was dii'.'clly opposite tlie hott-e wnteli complainant Hu- iiuildiug. Oil looking out of liie window wiiliess lour limes saw a man take limber Irom the new house and take it down iloyee avenue, where ueciiseii lived. Witness tould see Hint the timber was t. ami g. lining.- Thomas' o'C'ouiiell sai<l accused was an engine-driver, and lie (witness) was nis liii'iiiau. On the morning ol the aitli ot January they arrived lu Jluiiivdin Irom .Stirling at I.la o'eioek. Willies lell ueciiseii at the ciigini.' slmls about 2 o'cluc.;. Wilners lu»l never seen any limber such as produced on ihe engine. Celistable Itoaeli said thai when he asked aeeuseil where he oliiained the timber louilii in his yard he said li" got it trinn a man mimed Kosler at Milton. Wit-nc.-s did not any sum 1 in aieus.d s yard sueli as would account for the stains oil tlie timber. At the I'olke .Station accused said lie brought all the liinlicr lnniie in one hn on the engine, lie would lote his job over the matter, and lie wimiil roolier give it all to Mr Sisut than muse any I rouble. Sergeant Willis al™ gave evidence. I'nr the defence, Mr linwkins t.iid accused would absolutely <lenv liini 1 1.0 timber was the properly of the eouililaiiiani. Acciimml, being sworn, denied ihat he teuli liuiber from Mr .Scott's properly. lie bought timber from Thom.-oii. and 1.0. on December o. three or four months ago lie bought more timber from Mr l.yders, and a Mr Smillt al-o ga\'e him some timber, some of which was that in court. .Mr Druy supplied him with liie limber which loiuoliiuan! swore was his. Ue had got several pieies of timber from I he l man Kosler at Milton. On tho morning in question he arrived in Dunedin at, 1.15, and went straight liome about 2 a..m. He did not pass the new house that night, lie had paint in his y a I'll similar lo that ou Hie timber. William James Dray (builder) said lie knew the accused. About six w-eks ago lie told aceu-ed 'iibout 100 ft of I. and g. lining similar to 50ft of that produced. Witness lel'.l sold accused headed timber, but never "Y" jointed. Janus .Smith fluid accused lind obtained limber from liitn al various times. The timber had been lefl over when witness's house was built. Holier! A. Western deposed lo seeing timber in accused's yard. There was; no attempt at concealment. -John Turidmll. in the employ of Henry liyders anil Co., said he remembered accused purchasing limber from them on three or four dillerent occasions. None of that in court had been cold by Mr l.yders.- Cross-examined: Wii-nc.-s would sweat thai the limber in court had not been cut fur two years. He examined: Witness had seen the timber bebiiging lo Mr .Scott, but it • was not as dry as that in conr!. lie was sure it was dill'erent timber. David Hannibal Waldie, signalman at Mosgiel, staled that he had seen accused with limber on the footplate of the engine.- His Worship said the evidence was very ecullieting. It wa- ipiiie eh-;!! 1 thai Sroit bail lost timber, but the ip'.estien was whether accused took it. ami after hearing (he evidence lie had come lo the conclusion that the information must be dismissed. Maintenance. James Houston, charged with disobeying an order of the court for 'hi' ••upport of Ill's wife, did nol appear, but forwarded a letter slating that hi' was out of work.-Complainant stated tlial she believed defendant had been working voi?"!<iliy. llis Worship imposed a. sentence of one month's imprisonment. A<iani_ Scott Johnston, for disolu'di.'iice of <i uu'inlenauee order for the support of jiif father, was sentenced to 14 davs' imprisonment, with hard labour.