RESIDENT MAGISTRATE'S COURT.

Timaru Herald, Volume IV, Issue 108, 8 June 1866, Page 2

RESIDENT MAGISTRATE'S COURT.

TlMAßU— Tuesday, June 5, 1566.

[Before W. C . Beswick (Chairman), and G

Stericker, Esqs. , J.P's.]

William Jones and Thomas Gafney were brought up, charged with stealing n pair of boots from a dwelling, on 31st May, value 15s. Prisoners pleaded not guilty. Mr. James Fitch, sworn, deposed : lam a publican, and a special constable residing at Saltwater Creek, near Timaru. On 31st May, the prisoners were at my hoteL I missed a pair of elastic-side-boots on that day, which belonged to a man who had a short time previously been m my employ, as bullock driver, and who left some clothes &c m my charge, m a private bedroom, j attached to the tap-room. The prisoners came from Timaru. They went into this bedroom and sat down. Ido not remember their having any refreshments from myself. I ordered out the prisoner Jones from the room. I missed the boots from the room about an hour afterwards. I gave information to the police on the same day. The prisoner Gafney stopped at my place three or four days previous to this, and the other prisoner (Jones) when passing, was called m to have a drink ; but I did not think that they were mates, for Gafney reinnrked that he would 'ne glad to get rid of Jones, because he had been loafing upon him for three or four days. Gafney behaved himself properly m my house, and several times remonstrated with Jones for improper behaviour. Jane Fitch, sworn, deposed : I am the wife of the last witness. I have seen both the prisoners at our house. I was at home when they camt m. They went into the private bedroom, behind the tap-room, aud eat some refreshment which they brought with them. I went into the room and found Gafney was lying down on the bed. Jones was turning the clothes over that were lying m the room ; some were on the bed, and some under. I ordered him out, whereupon he told me he should not go. I then went for my husband to turn him out, but the prisoner left a short time after being ordered away. I told Gafney he might remain, for he always behaved himself while m the house. I missed the boots about an hour after they had left I had carried the boots into the worn myself, from the kitchen and put them under the bed a short time before the prisoners came m. Neither of them were quite sober. Cross-examined by Jones: Yon both had dinner and a few glasses of something to drink on the_ day previous, which Gafney paid for. On going away I told you that you might leave your swags m the tap-room. When you came back, you asked for your swag, and tried very hard to persuade Gafney to go with you. After taking out your own swag as far as the bridge, you left it there and came back, and at last persuaded Gafney to go with you, promising to carry his swag, which you did. Albert Hay, sworn, deposed : I was a bullock driver, lately m the employ of Mr. Fitch. I left a pair of elastic-side-boots, aud other articles of wearing apparel m the care of Mr. Fitch. I called for them on the 31st of May, but did not get them as the boots were missing. I have Been the boots since m the police barracks. Those produced are mine. A. Hutcheson, sworn, deposed : I am a police constable, stationed at Timaru. I received information from my superior officer of a robbery, at Saltwater Creek, of a pair of boots. 1 went down to Mr. Driller's, when I turned out two men who were annoying him. I learned from Mr. Fitch that these were the men who had taken the boots, bo I followed them and arrested them at Mr. Batterby's accommodation house, at the Hook Creek. They were both, sitting outside with their swags. When I arrestel them 1 told them the charge, and cautioned them m the usual manner. I found on Jones the boots that had been described to me, and which have since been identified by the owner. Gafney remarked that he knew nothing whatever about the stolen property. The Bench sentenced Jones to one month's imprisonment, with hard labour. In discharging Gafney, the Chairman remarked

that he left the Court without a stain upon hi 3 character. Cain, Mitnro, 4 Co., v. Mexdelsoiut & Morris Claim for £7 4s. It appeared from the evidence that both parties hail ordered the same class of goods from Messrs. Briscoe, and Co., of Dunedin, about the same time. Upon the arrival of the steamer " Geelong" from Dunedin, the goods which were intended for the plaintiffs were taken m error by the defendants, and sold by them. As soon as the defendants discovered the mistake, they wrote to the plaintiffs, offering to write to Messrs. Briscoe to debit themselves with the invoiced price of the «oods, and credit plaintiffs; but plaintiffs stated they had not only lost the ready sale of the goods, but had disapjxjinteU some of their customers, therefore they had charged the defendants with a 124 I** cent commission on the invoiced price, to pay tho charges &c. which had been incurred. Mr. H. J. LeCren, as a witness, said that he did not cousider 124 per cent too much commission. The Court gave judgment for plaintiffs, with costs.