RESIDENT MAGISTRATE'S COURT.

Timaru Herald, Volume XLIII, Issue 3772, 3 November 1886, Page 3

RESIDENT MAGISTRATE'S COURT.

0 TlMAßU— Tuesday, Not. 2nd. (Before J. 3. Beswict, Esq., R.M., and H. J. LeCren, Esq., J.P.) DHtTNKENNE9B. W. Aubrey was fined 5s for being drunk m the Main road. BOBBERY. Eicliard Dale, a young man, was charged on remand with having on or aboutOctober2Btb, stolen from tbe person of ono Eobert Rennie tho sum of £40. Inspector Broham conducted the'prosecution; Mr A. St. G. Hamersley appeared for the prisoner, and at counsel's request all witnesses wero ordered out of court. Inspector Broham called Robert Rennie, miner, at present m Timaru, who said : — " I have just recently come from Greymouth, having left thero on the 24th October, and reached Timaru on the 28th by the Express. When I arrived m Timaru I bad £50 altogether, and a little change. The money was two £5 notes, 39 £1 notes, a sovereign and ten shillings m change. I could not exactly tell how much silver I had. On reaching Timaru on the 28th, I took tho first train and -went out to the races, and returned to town m a trap ; at what time I could not say. I went to the Royal Hotel where I had tea. I recollect having a drink or two afterwards, but have only a faint recollection of what really took place. I remember haviDg my money on returning from the race 3, tho purse being still mmy pocket all right. I got locked up for drunkenness that evening. To Mr Hamersley : I came m by the Express, and did not go off the platform before I took the train for the racecourse. I had tbe money m my purse, and on the racecourse I took £10 out of the purse. I did not spend all the £10. I could not tell what the time was, and I had no drinks before I took the money out. I bad a " good many nips" on the course. When I left I was neither " drunk nor sober." I could not tell why I came from tho course m a trap, nor can I swear if the trap had two or four wheels. The trap was so full that I had to sit down where " the other gentlemen's feet ■were." I got into tho trap without any help. I could not tell where I got out as I was a stranger to Timaru. lam not aware if I asked anyone to go to tho hotel with me. I looked at tho inside of tho purse after taking the ten notes out, but after seeing the rest of tho money was safe, I did not take the purse out again. I did not look inside it again until I was m the Royal Hotel. I could not swear what time this was, but am sure it was before I went to tea. I I took no money out of the purse ; I only looked m it to see if the money was there. At this time I was " pretty well on ; " neither drunk nor sober. There wero a lot of people at tea. After I had tea I had one drink. I have no recollection of what happened after this ; or what time I was "run m." To the Bench : I paid my fare from the course. To Mr Hamersley : I paid it not out of the money m the purse ; I had change enough m my pocket to pay the fare with. James Snoswell, fisherman, residing m Timaru said : On the evening of the 28th October I went to the Royal Hotel at about 15 minutes to 9 with, one Christopher Griihm. I had a drink there, first going into the private bar and as I could not get served at that bar I went to the big room behind the public bar. Whilst I was there I saw prisoner come into the bar, the time being about a quarter past 9. Prisoner was accompanied by last witness, and about half a dozen others. Rennie at this time appeared to be under the influence of liquor. He was brought m by tho prisoner and put m a chair which was standing close by a chiffonier m the room. Tho accused wanted Rennie to " throw " for a£l a " pop." Rennie said ho would not. Prisoner and another man, who was also throwing dice, again asked Bennie to throw, but the latter again refused to do so. _ Then a man standing by offered tobet ßennie £5 that he had no money on him. Rennie eaid ho had put his hand m his pocket, and took the money out. My attention ■was next drawn by Grtihm directly to prisoner, who had his right hand round Rennie's " muffler," and his left m Rennie's right hand tronser's pocket. Priaoner was using no force, as Rennie was " dead drunk "at this time. The accused and some men who appeared to bo his friends, including the man who had offered to bet that Rennie had no money, then left the room. I could not say whether they took any money from Rennie. An interval of two or threeminutes elapsed between accused having his hand m Ronnie's pocket and leaving the room. I informed Detective Kirby of what I had seen, and he came to the hotel. I saw the accused afterwards m the passage, and had a conversation with him. The accused saw me talking to Detective Kirby, and asked me to come and have a drink, which I did. Prisoner then said, " I see yon were talking to Kirby, you havn't let on anything, have you ? " I aaid " No, I |havo '.known Kirby these twelve years ; I was talking to him." That was all that passed until I saw accused at the police station. To Mr Hamersley : I had not been to the races. Did not have a game of cards m the bar of the Royal Hotel. The bar was crowded when I went into the private room with my friends. There was no one m the room. Five or six men came m afterwards. Rennie amongst them, drunk. Tho others seemed to bo sober. I did not talk to them, and did not see any purse. Rennie took the notes out of his pocket, not out of his purse. Rennie was led m by the accused — I cannot say whether he could walk — and talked when he sat down. He had no liquor m the room to my knowledge. There was no dispute between them. Rennie merely refused to throw. Rennie stay id m the room after the others had gone out. I remained there about a minute or so after — then went to the police station, and saw Kirby. Just before I left the room Rennie vomited all over the floor. I next saw him lying m Beswick street at 9.45, insensible. This was about fifteen minutes after I saw him last m the hotel. Christopher Griihm said : I am a boatman residing m Timaru. I was m the Royal Hotel with Snoswell on Thursday night last, and remembered going to a little room off the public bar with him and a friend of Snoswell'a. I saw accused, the prosecutor Rennie, and some othei men come into the room, a little aftei 9 o'clock. Prisoner pnt Rennie m a chair, and sat alongside of him. While Rennie was Bitting there, accused was noisy, and had his right hand on Rennie'a scarf, and his left hand m Ronnie's right hand troufler'a pocket, I drew SnoßweU'a altentioi

to what was goingon. Accus"d cnilil rol have heard me do so. Directly afer (his accused and four or five others left the room. Did not see accused take anything out of Rennie's pocket. Kennie, who was pretty well drunk, offered no resistance. To Mr Hamersley : There was sonic talking going on between accused and Rennie about throwing dice. I was m the room about half-an-hour altogether. I had been m about 10 minutes when the accused and others came m. They stopped m tho room about 10 minutes. Josiah Ralph said : I am a clerk m Timaru. 1 was assisting at tho Royal Hotel during the evening of the 28th October, and remember seeing accused, R-jnnie, and some others during the evening, between 8 and 9 o'clock. They were m the public bar. I served them with drinks at Rennie's expense. A discussion took place between them about a foot raco. Rennia wanted to lay a wager that ho would find a man on the West Coast to run any man on tho East Coast. He got some notes out of his pocket, and took one from among the others. Ido not know what he did with it or the other notes. All the men left the bar directly afterwards. To Mr Hameraley : When I saw accused I could not say whether he wa3 drunk or sober. He had not got his coat on, and I thought he left tho bar without his coat. Rennie was not spending his money freely. When he left the bar he pajd me half-a-crown for the five drinks. Alex. White : lam a coal merchant residing m Timaru. On Thursday night, the 28th'of last month, I was at the Royal Hotel, and saw accused and Rennie there, at the public bar. I next saw accused and Rennie m the room off the bar, about 9.30. I saw Rennie alone m room afterwards, he had vomited on the floor ; and I saw him leave the house a few minutes afterwords. I saw the accused arrested. To Mr Hamersley : I saw the accused, Rennie and the others m the bar about eight o'clock. I did not go into the room they were m. They were Bober so far as I could see, both m the bar and m the little room. Accused had his coat off m the har, but I could not say what for, or .whether ho had it off m the room. Rennie appeared sober when he left the hotel. The court at this stage adjourned till 2.15. On resuming, Constable Satchwell deposed to arresting the accused on the night of the 28th October on the verandah of the Royal Hotel at twenty minutes to eleven. He was very drunk. Searched him at the Btation, and found on him a £1 note, a shilling, and a penny. Detective Kirby said he arrested prisoner on the present charge shortly after ten o'clock on the niaht of the 28th October at the Royal Hotel. Witness told him the charge ; searched him and found m his possession two half-sovereigns, one shilling, and nine-pence. When beine locked up m the cells, accused said, "I am a young man ; I hope you won't be hard on me. Let me off as light as you can." To Mr Hamersley : Did not arrest hiii for drunkenness. He was not drunk, though he might have had some drink. Th 13 closed the case for tho prosecution. Prisoner roserved his defence, and he was thereupon committed to take his trial at the next sittings of the Supreme Court m Timaru. Mr Hamersley asked that the accused be admitted to bail. His Worship said he would consider tho matter, and also the amount of bail if it was allowed, and would give hi 3 decision on Thursday. CIVIL BUSINESS. Judgment was given for tho amounts claimed with costs, m the cases, Webster v. J.Breen— Claim, £1 lla 2d, and Frank White v. Peter Smith— Claim, £4 163. Travers and Finlay v. R. Webster — Claim, £50 10s, for work done. Mr Lynch appeared for the plaintiff's and Mr Hamersley for defendant. After stating the nature of tho evidence he intended to lead, Mr Lynch called Charles Travers, who said his firm entered into a contract last October, with Webster, to do certain work. Defendant wrote out tho contract, which was signed by the parties entering into it. The Foreman of Works to the Borough Council took the levels, and the contract was carried out according to those levels. Never had any complaint from either the Foreman of Works or the defendant. On the work being finished defendant was asked for some money. He gave them £3 on account, and asked them to furnish him with their account. On Mr Dale returning from Wellington, he told witness' firm to finish off tho work, and aaid they would have to keep it m repair for two years. Certain extra work was done on instructions from the defendant. They did not recognise any maintenance. To Mr Hamerßley witness said he had not got a certificate from the Foreman of Works that the works were passed. As jhe had not a proper statement of accounts beforehim, His Worship declined to go on with the case until he was supplied with such, and adjourned the case for a fortnight. This being all the business, the court rose.