Resident Magistrate's Court.

Poverty Bay Herald, Volume XVI, Issue 5623, 19 November 1889, Page 2

Resident Magistrate's Court.

THIS DAY. (Before J. Booth, Esq., R.M.) LAIiCENY OF FIREWOOD. Alfred .lohn Thomas pleaded guilty to stealing tirewood, the property of J. M. Arundel. As this was the second conviction for larceny, the prisoner was sentenced to seven days' imprisonment. Mr Day, who appeared for the prisoner, asked that the conviction be withdrawn, as the plea of guilty had been made in mistake. Accused simply meant that the wood was found in his possession. His Worship said in that case he would withdraw the conviction. On the application of the police the caso was adjourned till to-morrow, bail being allowed. LARCENY OF A BIBLE. The charge against G. K. Turton of stealing a bible, the property of Mrs Hanlon, was resumed. The case had been adjourned to enable the accused to call evidence for the defence. Mr Day, who appeared for the defence, contended that the charge could not be sustained on the evidence of the "prosecution, which showed that the bible was not taken with felonious intent, but for the purpose of destruction. It was l'eally a ease of malipious injury to property. Mr Booth said he could not accept that plea at the present stage. G. K. Turton, cross-examined by Sergeant Bullen, said he, had a law book under his arm when he went to Mrs Hanlon's place. The book was given to him by the late Mr Justice Gillies, when he was Mr Gillies' managing clerk. He did not run when he left, but walked at " the ordinary pace of a gentleman " to the Waikanae. The only book he knew complainant had in the house was the bible, and that was the reason it came into his head to take it in pledge for his washing. However, he did not see the bible in the house on the day in question. He saw a chip floating between wind and tide, and he threw paper pellets at it. Mary Connor deposed she saw accused ' a little way from Mrs Haulon's house on the day of the alleged offence. He was ' proceeding towards the Waikanae. She saw no more of him after he turned into Kahutia street. She was about 2(5 yards away from accused, who was walking very k rapidly. He was carrying a large book. " Witness saw Mrs Hanlon and her (wits ness's) father going after Turton. The complainant had just called at the house in which witness lived. Of the two books produced, the larger one was about the size of the book the accused was carrying. Frank Thompson saw Mr Turton on the Waikanao bridge about a month ago. Lie was tearing up pieces of paper and throwing them into the river. Witness was living at Worgan's house at the time, and saw Turton from the door. Was too far away to tell the size of the book accused had. Did not see anybody but Turton about at the time, which was 1 about iive in the evening. Did not see ', any boys, but had only stood at the door 1 for a few minutes. { ] Mr Day again submitted that the etise c could not be treated as one of larceny, as it was clearly shown by the evidence of '\ Mrs Hanlon that prisoner said he took the c bible for purposes of destruction. Mr Booth was fully satisfied that the K evidence proved that the accused took the bible from the house, and that he prol ~ ceeded with it to the Waikanae bridge. <l The boy's evidence, given on a previous l ~ day, had been uncontradicted. The sene tence of the Court would be thirty days' 0 imprisonment with hard labor. '" The prisoner asked that the sentence be 1 enlarged to a couple of months, but the C n Bench refused compliance with the rert quest.