RESIDENT MAGISTRATE'S COURT.

Timaru Herald, Volume XXXIV, Issue 2033, 29 March 1881, Page 3

RESIDENT MAGISTRATE'S COURT.

TIMARU— Mokday, March 28, (Before F. LeCren and E. Q-. Stericker, Esqrs., J.P.'s.) DBUKKENXESS. Throe firs*, offenders were brought up on this charge, two of whom were cautioued and discharged, and the other was fined ss. Edmund Kedmond was charged with being drunk while m charge of a horse on the night of the 26th iust., and also with using obscene language on the same date. Accused pleaded guilty to both charges, and was fined 20s for each offence and 2s 6d cotts. David Straclian, charged with having been drank and disorderly and using obscene language at Pleasant Point, pleaded guilty, and was fined 10* for each offence, m default 96 hoars' imprisonment. LAHCBKT. David Corsair was charged with having on the 27th March feloniously stolen one doorepring and one door of tho value of £5, the property of James Wiggins. Mr Hamersicy appeared to prosecute. Accused, who pleaded not guilty, was undefended. James Wiggins : I am a contractor, carrying on a contract for Air Walcot. I know the defendant. He was working at the building on a cub contract for me. He had nothing to do with the material. I saw licensed and another man m the building between 12 and 1 o'clock on Sunday mjrning. Ihey were searching the place for things. I had been watching the building for three, weeks, ds I had been missing things. I asked tho men what they wero doing there. Accused said he had as much right there as I had. Accused was carrying firearits. I followed accused into the street, and then saw he was carrying a door-spring underneath his coat. I asked him what he was doing with the spring, aud he (aid he had as much right to it as I bad. I seized the accused and got the spring away from him with great difficulty. I tried to get help. Accused ran away when I took tbe thingß from him. The articles produced are those which I took from accused. I went to the police station and reported the matter. Two policemen went back with me, and we found the accused with the door produced carrying it away. He was then taken into custody. I o»o accused no money. I paid him £15 on Saturday. Ue gave me the receipt produced for the money. I never authorised accused to tike these things. Cross-examined by accused : You have the whole of the labor portion of the carpenter work. I did not tell Mr Duval nor his draughtsman that I had fuil charge of the timber department. You a?kcd me for money on Saturday night at my house, and I gave it to you. I'ou did not ask me when I found you m tho building for money. Be-eiamined by Mr Hamersicy : I did not authorise accused, nor was it part of his duty, to take anything out o£ the building. Constable Satchwcll: I taw accused about half-past two o'clock on Sunday morning, m Elizabeth street. He had the door now m Court on his back. He wus coming from the direction of Mr Walcot's house. I arkeil nccused why he was taking the door, and he said Wig^ine owed him some money, and he was taking tbe door lor it. Wiggins gave tho accused into custody. Cross-examined by accused : Yon said you brought the door from a workshop. I did not hear you ask Wiggins for money. Constable Laiimer gave corroborative evidence. Tho Bench considered the ownership of the property disputed, and that there was not sufficient evidence to convict. Tbe accused wjs accordingly discharged. A promising Yotrni. James Edward Exley, a boy about 13 years of age, was brought up charged with having, on the 27ih instant, feloniously broken and entered the store of Mr William Evans, m the Main North road, with intent to commit a felony. Inspector Pendcr stated the father of the lad, who was present m Court, had lost bII control over him, and as Mr Evans had no desire to prosecute, ho would ask for a remand until th« following day m order to determine what had best be done with tbe lad, whether to aend him to sea or to the ■Industrial School. In the event of the former tuggestion failing, hn would ask for hie oominiital to tlic InriueCrial School. The Bench granted the remand. KEscr/rxa cjtilk. William Brosnaban was charged on the information of James Thompson with having on tho 24th March, nt I'knsant Point, rescued thrro horsos which had been lega'ly seized fortre.'pns.". Mr Hamerslcy appeared for the complainant, and Mr Jameson for defendant. James Thompson, botclkceper at Pleasant Point, depoeed to leasing certain land at Pleasant Point from Brosnahan. The land was leased under agreement produced. On the 24th March I was on tho land to sco my men who were cutting chaff. I siw defendant's horseß m tbo paddock. Thoy were picking up oats. I rode round them to drive them to pound. Defendant woa with mo and said I should not take them ti the pound. Defendant drovo the liorsps into hi* own paddock. I could not - hove taken tbo horses to pound without using force. The land is fenced hut not securely. Cross-examined by Mr Jameson : The defendant's paddock is m the corner of the . one occupied by me. There wag a gap m the fence on tho day m question. James Clydesdale : I was with laal witness on the 24th March. I bad instructions fiom him to impound some horres which wero m hit paddock. I rounded tho horseß to drive them out of the paddock, when a rail was put across the gate. Defendant followed me up «nd tbreaten« i s;to*'.''punoh " me if I did not

b lrt the horses go. Through tho threats < , defendant and his party I lit the horses go. > Crosn-eiamtnrd by Mr Jameson : Tbomj son told Brosnahan he was going to impo-^n b the horsos. I had the horses rounded befor Brosnah m came up. William Hall gave similar evidence. Counsel having addressed the Court, Their Worships were of opinion from th evidence given that tho fences wcro m on un satisfactory stale, and the statements of wit nesses being contradictory, they would dismis , the information.