RESIDENT MAGISTRATE'S COURT.

Timaru Herald, Volume XXIX, Issue 1304, 23 November 1878, Page 2

RESIDENT MAGISTRATE'S COURT.

TlMAßU— Fbidat, Novbmbbe 22. (Before R. Bsetbam, E«q., R.M.) DRUNK AND DISORDKBLY. Beary Draper, charged with being drunk and disorderly, was fined 20s or 48 hours' imprisonment. STEALING A SWAG. William Jones, Eli Jones, Charles Jones and Frederick Ward, four boys, were charged on remand with stealing a swag, the property of George McKirdy. Mr White appeared for Ward and Mr Tosswill for William, Eli and Charlet Jones. John Neil, detective of police stationed at Timaru, said that on the 20th inst. he went to Peeress Town, when he met Eli Jones and William Jones. He charged them with stealing a swag, the property of one McKirdy. Accused said that the boy Ward stole it. Mr Tosswill objected to any confession being taken down, unless the accused were previously warned that what they said might be taken down as evidence against them. Mr White objected, but on different grounds ; any statement made m the absence of accused, Ward, was inadmiss&ble. The Magistrate took notes of the objections and the evidence of the witness was continued. William Jones said that Ward took the •wag, and they all went oat to Splashing Point, taking the swag to an old whare ; that Ward took a white-handled knife, and he took a black-handled one also; that they left the swag there, but did not know where i* was at the present time. Eli Jones said thnt his brother (William Jones), and Fred. Ward had taken the knives out of the swag, and that his brother William had assisted Ward to take the swag to Splashing Point, and that it was a tent swag, and they had taken it from along-ide a gate, near the Melville Hotel. He said they were going out to look for the swag. Witness went oat with Eli Jones, and on his way out he pointed out a liouse occupied by a man named Pace, whom, he said, spoke to them about crossing the railway. He said Pat. fleelan was lookin? at them whrn they opened the swag. They went with witness to to old whare. The papers produced were pointed out to him by Eli Jones as having been token out of the swag, and he took possession of the same.

Tney were m the whare surrounded by flax. He then went and arrested Charles Jones. At first he denied the chirac, afterwards ha s-iiri he only went out with them to Splashing Point, but rid not steal the swng. Hi arre-ted Frederick Ward yesterday, and charged him with being concerned m the robbery. Ho eaid William Jones took it. He lien asked accused about a pocket-knife, and the latter replied that he knew nothing about, it. He asked witness if he had got Charles Jones yit. William Jones told witness that on thai morning Frederick Ward went to a lean-to m the show ground, and effected an entrance through the roof, and took away a lurge piece of calico. Witness went to the lean-to, and there was an appearance as if it had been broken into. George McKirdy deposed to leaving a swag under » gate near the Melville Hotel on th« night of the 11th November. It was a calico tent, and inside were a pair of light-colored tweed trousers and rest, and a blue coat, a new pair of boots, (wo pair of drawers, two pocket knives, one with a light and the other a dark handle. He had a clotbes brush rolled up m a sheet of the Nation newspaper. He went for the swag at 6 o'clock on the next morning, but it was gone. There was a box containing paper collars, size 15*. He saw them again when he went with Detective Neal and one of the accused. (He identified the collar* and the paper produced.) He had not »een the other articles since. He valued the swag and contents at about £5. Cros-examined by Mr Tosiwill : He p»t^ no value on. the articles then m Court. " George Pace, ganger on the railway, daposed to living alongside the railway, near Woollcombe's Gully. On the 12th inetant he was up shortly after firs o'clock, and saw some boys He oould put identify those before the Court. They were about 60 yard* from him. He saw they were going towards Splashing Point, from Timaru. The big boy had ft •wag. He lost sight of them, and afterwards saw them crossing the railway line. They were all together. He wa» going toward* them, but one ran across a paddock, and the others came up to him. Witness said they were not allowed to go along the railwaTi and asked why they w»re there so early. William Jones was carrying something m a bag. William and itli Jones gave him their names. Patrick Hrelan deposed to being out near Splashing Point one morning early, and saw the four accused. They were behind a rock m an- old whare. William Jones wns lying down, and the other f«ur were around something looking like a tent, with articles spread out. He saw some thread and cullars. William Jonea came up to him with a pair of new boots m his hands. He asked him where he got them from, and what they had with, them, and one of them said they had got. a swag, which they found as they were coming from eeling. Witness then went away. One of the accused, hn thought Ward, had a pair of scissors cuttina some collars. Mr White contended that as againit the accused Ward, there was no evidence except that of the lait witness mixing hit name with the other accused. Even at th« interview between Ward and the detective, there was nothing said that would criminate him The evidence of the last witness was too good for the prosecution and totally unreliablein many ways. Mr Tosiwill again urged his previous objection m regard to the evidence of Detective Neil being inadmioiable as far as that part relating to tho statements of the boys Jonea. The boys might have found a lost swag, which would not then be larcony and quoted " Archibald on Criminal Evidence " m support of his argument. His Worship sentenced William Jones to one montbV imprisonment with bard labor. Eli Jones to 7 (Jars' imprisonment and to be privately whipped ; and the others to receive a similar sentence. He also severely warned them againit such conduct m future. CIVIL CASES. G-. Cliff y Taylor and Bowie. In this case, which was beard last Friday, hi« Worship gave his judgment m the matter which was that he acceded to the application of Mr White, that the plaintiff ihsll take a nomuit. The Court then rose.