RESIDENT MAGISTRATE'S COURT.

Timaru Herald, Volume XXIV, Issue 1314, 14 January 1876, Page 3

RESIDENT MAGISTRATE'S COURT.

. TlMAßTT— Thursday., Jan. 13. [Before W. K. Macdonald, & Esq., B. Wake-' field, Esq., J.P.s] lABOBirr. Daniel Barrett was charged with larceny 1 under £1. 1 Alexander McDonald, Sergeant of Police at Timaru, said that from information received 1 yesterday he went to Lynwood Home. ' Stevens and himself vent into an outhouse where the prisoner was working. Stevens i said something about a pipe, and the prisoner, immediately produced the pipe. Ho (wit- ; ness) asked him whera he got the pipe, and j charged him with stealing it. Prisoner re- , plied that he did not steal it, but that the cook had given' it to him. .Upon . the 1 cook . entering the room, prisonor denied having said that the ooofc garo it to him, and Baid he ' took it off • tho mantel-shelf. After being 1 locked up, the prisoner sairt ho wanted to tell ' the truth. Ho Btated that the cook had given j him tho pipo and told him to say nothing about it. The cook also told him to deny all knowledge of the pipe to Stevens. Cross-examined by prisoner : You might have been smoking the pipe before' l went m. • ■ . . ■ • v . . ' ;■. . i By the Court : The pipa was not m tho case when tho pipo was handed to me by the' prisoner. • I believe it was handed to me by Stevens afterwards. George Stevens, a publican m Timaru, said that op last Sunday night the cook asked him to give him the pipe produced for a smoke, saying lie would return it. He did not do so. It was lost till yesterday. He dismissed the cook on Monday morning, and m the afternoon he went into the kitchen and asked the prisoner if he had seen the pipe. Prisoner said he had not seen it. The pipe (produced) belonged to him, and he valued it at 10s. Cross-examined by prisoner : The" cook told mo that he left the pipe on tho mantelshelf. I asked you for tho pipe on yesterday morning as well as Monday night. Elizabeth Alice Stevens, wife of the last Witness, said she heard enquiries made about a pipe, and the prisoner said he Bupposed the cook had taken the pipe away with him. 1 Crob-examined by the prisoner : I hoard Stevens ask you for the pipe." George Cohen, said he was lately cook' at Stevens, and knew the pipe produced. . Stevens lent it to him on last Sunday afternoon to keep till Monday evening. On the Monday afternoon he left, leaving the pipe and case on the mantelpiece m tho kitchen. During that time the prisoner used to Bnioke the pi()e. Yesterday Stevens came to Stansell's and asked him for the pipe. He told him lap had loft it on the mantelpioce, and if Stevens asked the boy ho would toll him. Ho (witness) went ovor to Stevens' Hotel yesterday afternoon at his eequest, and asked him did he get the pipe. He and Stevens aftorwardsjwent up to the storeroom together, and found! the prisonor sitting there peeling potatoes, and smoking the pipo. ' Stevens gave the prisonor m oharge. The prisoner had the pipe m his mouth when ho went into the pantry. He did not hear anyone call him to come into tho store-room. By the Court : I never gave the pipe to the prisoner; I gave it to him to smoke. The pipe was m prisoner's mouth when I went into the storeroom. Cross : examined by the prisoner : On Sunday last I came into tho storo-room, and said the pipe had been lent me by Stovens. I was smoking it. We wero smoking the pipe m turns. You returned the pipo to me after wo were done smoking. We went out together for a walk and.had the pipe with us. On Sunday night I had the pipe m my possession whon I went to bed. You said wo would get a pipe the next day, and then we could return Stevens his. On Monday morning I lent you the pipe, and said that whon Stevens should ask you for it, to give it to him, ■ George Stovens, re-called, said ho went first into the storeroom. The door was Bhut when ho got! to it. Sergeant M'Donald went m immediately after him. The pipe wns not m prisoner's mouth when he went m. He never saw him smoking tho pipe m tho storeroom. Tho last witness went into the storeroom about a minute after him. He called the laßt witnes to come m. He went back to the door to call the cobk. He asked for the pipe on Monday morniiig and yesterday. He asked tho prisoner yesterday morning for the pipe. The prisoner said ho knew nothing about it. . Cross-examined by tho prisoner — I asked you twicofbr the pipe— on Monday night and Tuesday morning. Alexander Macdonald, re-called, said that when he and Stevens went into the storeroom the latter went first. The prisoner was sitting on a Btdol peeling potatoes m the storeroom. ; When asked for the pipe, he believed the prisoner took it from off the slool. The prisoner was nofc smoking while he was m the storeroom. Cohen was not m the: room for some time after he and Stevens went m there. Prisoner never had the pipe m his mouth after Cohen went m. Cross-examined by the prisoner — You were , not smoking the pipe when I went into the ; room. ;..■■■ . i ! ; 1 Tho ; Court sentenced the prisoner to 14 i days' imprisonment with hard labor. . ; . The 'Bench having, expressed their extreme i dissatisfaction with the 'evidence of the witness Cohen, committed him for perjury, and i remanded him until this day. No recognisance being forthcoming Cohen was detained m custody by the police. The Court then rose. * tfEMTPKLA.-— Thttbsday, Jan. 13. i (Before B. Woollcombe, Esq., K.M.) I .."/,' ; . . CrVTTj -CASES. • s .Nicholas Brothers v D. Barrett — Claim ■ >£I>lssJ Judgment by default: : • ;■ 'George Thompson t M. Barratt — Claim t £2 Is Qd. Judgement by default. i BroTyTi 1 and Tlante ( v John Hunt — Claim ' : £4 ss. i Judgment by default. i Same v. Charles Fisher — Clam £12 17s 6d. - Judgment confessed. To be paid m. £2 per ) monthy-instalments. ■ ' ■ ■ -:■ k Same vE. Stringer — Claim £1 ss. Judgi ment confeesed. ■.■'■' Same v McKay : and Campbell — Claim 3 £13 16s. Judgment confessed. -' I ' iMrs ' Forward v James McKay. — Claim f £i"Bs6d. 3 The plaintiff said defendant was a tenant ofS- hers, and he left without notice. She claimed" a, fourteen day's rent, and also a week's rent m , lieu of notice not being given. Cross-examined — There was no written, i but a verbal agreement. ■•• ■ James McKay, the defendant, . said he took - the house from the plaintiff for 9s 6d per ', week, but - paid 10b the first week. Plaintiff

, had no agreement. Judgment given for debt and costs. — • -- - - - E. Hogers t Lyons— Claim SA 12s. This was a summons for. damage done to a buggy. The defendant psid eleven shillings into Court, together with costs, and as the case was not clearly proved, a nonsuit was given. The defendant then stated that he hod broken the buggy," whereupon judgment "was reversed, and defendant- -was ordered to pay debt nnd costs. The Court then adjourned.