MAGISTERIAL.

South Canterbury Times, Issue 4991, 26 April 1889, Page 3

MAGISTERIAL.

GERALDINE — Thcesday, Apeil 25th. (Before Bev. G. Barclay and R. H. Pearpoint, Eaq., J.P.’s.) laeceny. Albert Hoskins was charged with stealing on the 16th inat. a quantity of oats, the property of George Pox. Prisoner pleaded “ not guilty.” Inspector Thomson who prosecuted called Lizzie Fox, who deposed that she did not give prisoner permission to take any oats from her father’s stables. Mrs Hoskins had asked her to say that she did. To prisoner; Lent you some oats four or five months ago. You did not ask me for any chaff or oats, on the 16lh. _ George Fox, carrier, Geraldine, stated that he never gave prisoner permission to take any oats from the stables. Constable Willoughby deposed that from information received he watched Fox’s premises on the 16th inst. Saw prisoner come up the road with a bag under his arm, go into Fox’s stables, come out again with the bag over his shoulder, and walk down the street. Witness followed and tapped him on the shoulder, and asked him what he had in the bag. Prisoner replied “ oats,” and said Lizzie Fox had given him permission to take them. Confronted him with Lizzie Fox, and she denied giving him permission. Witness thereupon arrested him. John B. Hood, watchmaker, deposed that his shop was about a hundred yards from Fox’s stables. Saw prisoner go into tho stables with a bag under his arm, and come out again with the bag over his shoulders. To prisoner : Saw you several times taking away stuff from the stables. To Inspector Thompson : Saw prisoner go to the stables several times. Once saw prisoner come away with an empty bag, and then Fox told witness that there were no oats .(fcofS*

I That closed the case for tho prosecution, j Prisoner said ho got two bags of oats on the 15th, but found that they scoured the horses. Lizzie Fox came in the following day, and prisoner asked her to lend him a couple of bags of chaff. Thought sho gave him permission. Pound no chaff in tho stable ; but oats and bran. Had been in tho habit of borrowing and lending with Lizzie Fox. The Bench decided to hear the second case against prisoner before deciding tho present one. RUBGLABY AND LARCENY. Albert Hoskins was further charged for that he did on the night of the 17th March last burglariously enter the shop of one James W. Pye, and feloniously take, steal and carry away therefrom one pair of boots of the value of 7s and ouo pair of trousers of the value of lls. Inspector Thompson conducted the prosecution and called James Pye, who deposed that he was a draper, carrying on business in Geraldine. Remembered closing his shop between 10 and II p.m. on tho 16th March; all doors and and windows were secured, in the usual way. No one slept on tho premises. Visited the shop about 3 o’clock on Sunday afternoon and found every thing as he bad left it the previous night. Had occasion to open the counter book and recollected leaving it open at that place; page 57. Secured everything when he left. Went down to the shop next morning about six o’clock and found the front door locked as he had left it. Wont to the office and noticed that the counter book was stained with colza oil on page 57 ; oil had been dropped on it, and there were several drops on tho counter beside it. Found other marks about the shelves, and a ring of oil on the counter similar to what would be made by the bottom of the dark lantern produced. On the shelves w-ere kept shirts and trousers, arid children’s boots were kept immediately over where the book was kept. Saw that the children’s boots had been disturbed and that a pair were missing. Witness did not know whether they had been sold or not till ho saw his wife. Was at the sports on the Monday and remarked that Hoskins, who was there, was wearing a new pair of trousers, which witness felt certain he had been handling in his shop for about three months previous. Knew ho had not sold them. Directly witness left the sports he went to tho 1 shop to look for the trousers arid found that they were gone. When going past Hoskins’ shop on the 19th noticed one of the girls wearing a new pair of boots of exactly the same kind as he had missed. Never authorised prisoner or anyone to take them away. To prisoner : I will swear that the trousers and boots are mine. I spoke to Constable Willoughby when I missed them. On the 27th you came to my place with others and spoke about mo spreading reports that you had come by the things dishonestly, and threatened me with legal proceedings if an apology was not published in the papers. I did not miss the trousers till I saw you wearing them. When you came into my shop you said something to the effect that if I liked to go to your place I could sec what things you had that I thought were mine, and that you would satisfy me as to where you had got them ; that they were not mine. I did not go. To Inspector Thompson : I did not apologise in the papers. Detective Neil said that in company with Constable Willoughby he searched tho house of prisoner and found tho trousers, boots, and the dark lantern produced. Pye was present, and identified the trousers and boots ns his. Constable Willoughby assisted in the search and found the articles. On tho 18th went down to Pye’s shop and found the marks of colza oil that had been described.

To prisoner - Saw you wearing tho trousers at the sports. Mr Pye did not give me any more description of the things than that tho trousers worn by you were his. Inspector Thompson asked that tho case be adjourned till next day to allow him to call Mrs Pye as a witness, she being at Rakaia. Tho bench decided to hear the rest of the evidence before granting the request or otherwise That closed tho case for the prosecution. Henry Parker, called for the defence said, that prisoner was on the morning after the shearers ball, wearing a pair of trousers very similar to those produced. Had been staying with prisoner previous to the sports, and had seen tbe boots in the house, but did not know when. Never saw the bools (produced) new. To Inspector Thomson: The boots had been worn a good bit. Knew that prisoner wan wearing trousers he had been accused of stealing, and that he was wearing them about a month before St Patrick’s Day. Was not aware that he should be wanted to give evidence till that morning. To prisoner: I have seen the children wearing boots similar to those produced previous to the 18th March. That closed the cose. The Bench found the prisoner guilty of the charge of stealing oats and sentenced him to three months’ imprisonment. On the second charge, prisoner having reserved his defence, was committed for trial to the nest sittings of tho Supremo Court at Timaru. The court then rose. TIMABU —Friday, April 26. (Before 0. A. Wray. Esq., R.M.) DRUNKENNESS. John Langmuir Smith, who was arrested lost Friday and remanded for a week for medical treatment,was fined 5s and ordered to pay £2 lls, the cost of curing him of delirium tremens. John O’Hagan, arrested last night for drunkenness, pleaded not guilty in a vigorous tone. Constable Egan stated that ho arrested him at a quarter to ten. His wife was trying to get him homo and he would not go. Was quite sure he was drunk. Prisoner cross-examined the witness sharply : Wasn’t I able to take care of myself ? —ln a sense you were. Couldn't I walk all right?—Yes, you could walk. He was making a noiso and refusing to go home with his wife.—Was I making any disturbance ? Yes, you were.—Where? —On Cain’s Terrace. You knocked your wife down. —In your presence ?—No, I was told you did.—Did my wife tell you that ?—No, someone else did.— Didn’t I walk peaceably with you ?—You had to. —You had’t your hand on me ?—I had.— Yes, when tho sergeant came along. Constable Hallet, watebhouse keeper, considered prisoner drank when brought in. Prisoner : Did’nt I ask you to let me get some one to bail mo out, because I did’nt want to be locked up till Monday morning, and you said I must bo drunk to think it was Saturday night? Yes.—Do you think a drunken man would remember such questions next morning? Witness, to His Worship : Ho seemed to me to be more excited than drunk. Sergeant Livingstone said he knew the prisoner to be addicted to drink and that his family were kept in misery through it. The wife had complained to witness about it. Prisoner : How do you know my family is in misery ? Have they ever gone to a public body for anything?—Your wife has complained to mo. Prisoner hoped His Worship will deal leniently with him. He was not drunk ; had had only two beers after knocking off work ; but he was excited by his wife coming to where he was having a game of billiards and taking the balls off the table. His Worship said he was satisfied that the prisoner was drunk. Ho might bo one of those wbo could talk connectedly when in liquor, ' but there was no doubt ho hud behaved very badly to his wife, and if he were brought up on any charge of that sort ho might look out. Fined 10s or 48 hours imprisonment. UNREGISTERED DOGS. Wm. Hay was fined 10s for having an unregistered dog. J. Welsh, Fairlie Crock, was charged with having two dogs not registered in the district in which ho resides Mr Hay appeared for defendant, and admitted the liability, but asked that a nominal fine bo inllicted, as the dogs had been registered in another county— Geraldine. '1 ho law provided that one regisi tration is good for the whole colony, but it ■ must be made ia tho district in which the 1 owner resides, or lias some qualification. J His Worship : Can you gel the fee transI ferred ?

Mr Hay said application would be made, but it would cost as much as it was worth. Ho asked that no costs be allowed, as he had written to the County Council and the collector to say that the liability would be admitted.

His Worship would give defendant ’the benefit of the doubt —that the registration was by mistake made in the wrong district. Mr Smith, the collector, was present and asked for costs. He believed defendant knew he was doing wrong and registered the dogs elsewhere for spite ; because he had been the means, as ranger, of having him convicted of illegal fishing. Mr Hay said that could not be so, as he had the receipt, which was dated before the fishing case came off. His Worship inflicted a nominal fine of Is.

Mr Smith: And must the dogs be registered again ? His Worship : Oh yes; that will have to be done.