THE CHARGES AGAINST THOMAS BARRETT.

Otago Witness, Issue 2252, 29 April 1897, Page 24

THE CHARGES AGAINST THOMAS BARRETT.

Thomas Uarietl, who \kis ibfended by Mr A. 0. Ilanloii, was charged at the Police Ciurt ou Monday with the theft, at Dunedin, of V>irrr.as vnl'ied at X 6 10", the pro- | uertv af Tlii'i'u iron "ey.—The facts as ?tat«l [ by Chief IVterlive O^'nni'or wer itbat the : harness waii s'olen from Mr Gonrlcy's f-tnb!es on the night of the (ith inst., and sold by accused tho following <;ny at Burnside. Tie said to the purchaser of tho hirnws thtt it belongcl to bis father, who hud died lecently, that it was liirjs about in hib way, and that he wanted to get rid of it. When arr ste<l he denied all knowledge of the thoft. He sent for Mr G.iurley and stated to him that he did not hto.nl the harness, but tot it I from a man mimpd Daniel*, who was then a ; piisoner in the gaol. Daniels w»b in attendance, and would 4tny that he ever g.we or (-old accused nny harness.—Kvid'iics having been given by : Hugh GoiTifV, Mr Hanlon submitted that froru i his f-.vtiience it was a case that came within their I Worshino' jorls-liction, the market value of the ! goods bain;; shown to be under £5. Then; was, i therefor* 1, no necessity to take any further depositions.—The Bunch decided that th^y would go on with tbe caso ■-umnv-mly. —Evidence was then given by Alexander MM cod, J'jhn Cox, James Sutherland, R; chard Daniels, acd Detective M'ftrath.—Mr Hanlon said there was only on» thing he could say with regard to the defence of thi« mau—there was a very grp.il doubt whether he stole tho harness. Their Worship'? had to fun 1 whp.tlipr this man was clearly guilty of having stoipn the barne??, and counsel submitted that it, ! could not bo said that he was clearly guilty of th<; ', offence. Counsel reviewed the evidence, and in [ c^ncludinc ?aid there must he a very great rfotib*raised in their Worships' mind as to which of rlu; two men stole the harness. There wasaetreatdoubt, and tbe benefit of tbat doubt ruust be given t > i licensed.— The Bench Eaid they would reserve flieiI decision until thor heard the other cases, as thrr" was a doubt in their minds regarding the story of the possession of the harness —Mr Honlon s,ii.:. that having exoressed ft doubt their Worships were bound" to give the benefit of that doubt u> the accused. The nthcr caspa must stand on their own merits —The Bincb, after slight argum-iir, decided to-convict, and accused was then furthev charged with stealing harness, valued at £\ 19<fW, at Pine [Till, on the fifeh, the p-operty of Cornelius i Bunbuiy.—Ac-used having nleaded not guilt}', , evidencis wus given by Hany DieV, Oorneliu3Buni bury, Margaret Bnnbury, James Hill, Thomas MnXwell, John WiHism Hall, Archibald I Rutherford, David Jenkiup, and Detective M'Grath —Mr Hanlon said it seemed to him that" the note he held in his hand explained the whole thine. It said that the whole thing was only "a lark." He submitted that ths harness was taken for "a lark," aud that it was intended that it should ne taken I back again, but accused made a mistake and I returncA the wrong things. There was therefore no feloniou" intent. Accused believed that he had returned the rigbt things, and could not therefore be convicted.— The B jnch pointed out (hat accused was not in a position to return the harness that was taken, as he had sold it to Mr i Mnxwell, and decided to convict. Accused was | still further charged with the Uieft, on the 10th inst., at thp Kaikorai, of pomp harness belonging to Archibild Kutherforrt —Evidence was given by Archibald Rutherford, Margaret Bunbury, Harry Dink, and Detective M'Grath.—Mr Hanlon. briefly addressed the bench, arguing that the evklenca was weak, and that tl.e tiling were not traced to the possession of accused. —The B2nch decided to dismiss the case, and sentenced accused to six months' imprisonment with hard labour on the fir3t charge and three months on the second, the sentences to be cumulative. —A fourth charge, of an indictable nature, was adjourned till Wednesday next, on the application of Mr Ilanlon.

The Cromwell Argus hears that a coach connecting Cromwell and Bannockburn with the railway line at G&rston, via Nevis, is likely to be running soon. Speculation is rife in commercial circles (says the Mataura Erjsign) as to the meaning of the action of tha Ocean B^ach Fiepzing Company in giving all th«r employees notice to leave. The authorities at the head of affairs state that the works are to be closed down for a couple of months. Lord Glasgow, before leaving the colony, presented the Wan»anui Collegiate School with £50, to be used for an annual prize, to show hi« appreciation ol the educition received by his sons at the (school. The interest on the donation ir to be used as an annual prize tor classic*.