MAGISTERIAL.

South Canterbury Times, Issue 5032, 13 June 1889, Page 3

MAGISTERIAL.

TlMAEU—Thursday, June 13, 1889,

(Before Captain Sutter, andD. M. Boss, Eeq J.IVs.)

DRUNKENNESS. A first offender was fined ss.

LARCENY.

J. Capstick, of Ashburton, on remand, was charged with stealing an overcoat value 30s tho property of Chas Looker, from Watts’ boarding house, on the 31st May. Prosecutor’s evidence had been taken previously, and was to the effect that be, (a witness from Ashburton in Silcocb’s case) stayed at Watts’ boarding house whilst in Timaru. He hung up the coat in the passage about 6 o’clock in the evening, and an hour later it was gone. Mr Hay appeared for accused, whose story was that ho too was a witness from Ashburin the Silcock sub, and with another named Quigley stayed at the Shamrock Hotel. Be did n)t know prosecutor except from seeing him coming down in the train and hearing that he was a witness. Did not know that Looker) stayed at Watts’ boarding > house. Did not know whoro the house was. On the evening of tho 31st, the day they arrived, had tea at the Shamrock and stayed there till near 7-30, the time appointed for all the witnesses to meet Mr Hay at his office, when he and Quigley went to Mr Hay’s together. He was in the Shamrock at tho time stated by prosecutor from the hanging up to the missing of the coat. Whilst in Timaru he mot an old acquaintance named Geo. Fergusson, who owed him £6, money lent about four years ago. He asked Fergusson to settle but he said he could not ; he would see him again though before the case was over. As he (Capstick) was going to the station on Saturday to catch tho express for homo, he saw Fergusson' iu the street near the Club ; went to him and asked how about that money. Fergusson said ho could not settle, but he offered to give an overcoat ho had on his arm in part payment. Capstick said he did’nt want the coat; but on asking and being told that he could have it as value for 255, he took it at that. Put it over his arm and went on by the train. After tea went to the woman who did his washing to get some clothes, they were in a bag, and be put the overcoat in with them, and was arrested while carrying tho bag on the way to his own place about 10 o’clock at night. Told the constable be got tho coat from a man in Timaru, but told him no more as he was not asked any more questions.

Cross-examined by Sergeant-Major Mason : Fergusson was a labouring man. Did not know where he was working now ; ho used to work at Bluecliffs. Did not tell you I got the coat from a man I did not know and could not describe ; told you I got it from S man named Fergusson. Mr Mason : Do you not know that if you had told Constable Smart the story you have told here—if you had given some reasonable explanation of how you came by the coat—he would not have arrested you ? Tho Bench; Was Ferguson another witness in the Silcock case ?—No.

Sergeant-Major Mason called rebutting evidence.

Constable Hallet heard tho priso ior, when questioned on being received at tho lock-up, say lie got the coat from a min. He could not describe him; ho did not know him. He also told witness so later on.

Mr Mason deposed to tho same conversation.

Air Hay expressed regret that two persons he wished to call as witnesses were unable to attend, Mr Alahonoy who could prove,accused had tea at the Shamrock, and Mr Quigley, mho mas in accused’s company all the evening. All the evidence against prisoner was the possession of tho coat, and as ho had given a clear and consistant story of how he came by it the bench could not convict him of theft. Tho police had made no search for tho man Fergusson. Mr Mason : This is the first time tho police have heard of him !

Tho chairman said tho bench would have been willing to give a further adjournment if that would enable the accused to free himself but as Mr Hay did nob ask for it they would proceed. They were clearly of opinion that the accused was guilty. Evidence was given by constable Smart of previous convictions and sentences of three months and three years, and prisoner was sentenced to three months hard labor.