MAGISTERIAL.

South Canterbury Times, Issue 5015, 24 May 1889, Page 2

MAGISTERIAL.

WAlMATE— Tiiuesday, May 23ed. (Before H. A. Stratford, Esq , E.M.) Martin Thyme, who pleaded guilty to allowing cattle to be at largo on the public road was fined la without costs. R. P. Smith Was charged with allowing seven head of cattle to wander on the public road. Defendant admitted that the cattle were on the public road, but that it was owing to some one breaking down his gale. Fined lou without costs.

N. Wall, who admitted the offence, was fined Is without costs for allowing a cow to be at large.

Jessie Cameron was charged with allowing 15 head of cattle to wander on the road near Bedcliff.

Mr Clement appeared for defendant,

A. Davis, farmer, Bedcliff, gave evidence to the effect that he found the cattle wandering on the road on the 101 h May. Charles Davis gave evidence corroborating that of the last witness.

Jessie Cameron said that eight of the cattle only were owned by her. Mr Davis brought them to her house between 7 and 8 in the evening.

Cross-examined by Sergeant Gilbert: Ido nob know how many cattle I own. I havo more than 50 acres of land and less than 100. I do not know exactly. Defendant was fined 15s, 23s costs, and witnesses exuonsos 265.

Ellen Sullivan was charged with herding 7 head of cattle on the public road on the 14th May.

Constable Field gave evidence that he saw the defendant herding the cattle on tne Mill road on the date mentioned.

Patrick Fogarty and William Shirley were charged together with the larceny of a whip, value 9a. This ca c o had been remanded from a previous court day, to be dealt with by tho Resident Magistrate. The lads having pleaded guilty, His Worship refused to deal with the boys, and stated it was monstrous to think ho could step in and give judgment on a ease that other justices had heard. After tho court was over ho would ask the clerk to summon tho justices who heard the case, that they might take their seat on tho bench and give judgment on the case. James Craigen was charged with the larceny of £2 2s 6d, at Eedcliff, on the 19th of May, the property of John Hanson. Accused decided to be dealt with summarily, and pleaded not guilty. John Hanson, sworn ; I reside at Eedcliff. On lost Sunday 1 went to Mr Stewart’s about four miles from where I was working, in company with one Qilligan, Wo reached there about 330 p.m. On my arrival there I saw accused. I went to the room occupied by accused and Gilligan. I had then two onepound notes and half-a-crown. They wore in a pocket-book in my inside coat pocket. I bad a'eo three half-crowns and a piece of black lead pencil in my vest pocket. We had a glass of whisky in the room. I remained in that room until 8 o’clock next morning. I slept in the same bunk as Gilligan. We turned in about 7 p.m. I took oil' my coat and waistcoat and placed them under the bunk, leaving the money in the nockcts. The accused was outside the room when I went to bed. About hal f-an-hour afterwards he came into the room. Tho room contains three bunks. Accused said he would go for a bottle of whisky if I gave him ss, and Gilligan said he could also take Is 6d out of his pocket; He then left on horseback. Accused returned between 11 and 12 o’clock that night. He brought with him a bottle of whisky, very little of which was drank. After accused had gone away for the whisky I missed one half crown and the piece of pencil. I saw accused take my pocketbook out of my coat about 11,30 pm. and open it, and take a piece of paper from it and putlt in his pocket; it was a pound note. He.then put the book back in his pocket and went out of tho room for about five minutes. During his absence I picked up my coat, looked in my pocket book, and missed the two one pound notes. When accused returned ho went to bed. Next morning, about half-past seven, I accused James Craigen with having taken the notes. He denied it. I also told him ! missed a halfcrown and apiece of pencil. He replied “ I never touched it.” He then showed mo his pocket book, and in it I saw my pencil. Accused said he did not know whose pencil it was. In about 5 minutes after when I came back, accused again showed me his pocket book, and in it was the pencil pVodueed, and I found my own piece of peuc’l had been removed. He showed me his pocket book to satisfy mo that he had no money about him. I again saw accused at Eedcliff concert on the 16th inst. I gave him my share 2s 6d, and he said ho would go for a bottle of whisky. I afterwards gave him a shilling Ho did not go for the whisky, and handed me back the 3s 6d.

To accused : I remember you going for a bottle of whisky on the night of the I9th insb. I was awake when you returned. When you took the note from my pocket book, you held it up to the candle, and remarked it is only a bit of paper. I could see it was a one pound note. I did not accuse you of the theft at the time because you were intoxicated. I gave you the two half-crowns to go for the whisky. You said you had spent all the money we gave you at Bedcliff.

Patrick Gilligan, sworn: I work for Mr Stewart at Bedcliff. I met Hansen, and we went together to the men’s hut. Accused was there, and we all had some whisky, towards the payment of which accused gave me 2s 6d. The remaining part of this

witness’s evidence was corroborative of that given by last witness. To the accused : I remember Hanson remaining in my bunk while you went to tea. I was awake when you came back from Bodcliff. I opened the whisky bottle. You

were not able. Hanson took a taste of the whisky. 1 did not see you take Hanson’s money, but I saw you with a piece of paper in your hand. To the bench: The paper ho had in his hand was like a newspaper. [The rest of our report has not come to hand from our correspondent.J CIVIL CASES. Several civil cases were settled out of court and on the application of Mr Hamilton, who appeared for Messrs Mackerras and Edmund, plaintiffs in a ease against Baniera Mutenga, the case was ad journed unlil next court day. The court then rose.