MAGISTERIAL

Timaru Herald, Volume XIIC, Issue 14055, 12 November 1909, Page 2

MAGISTERIAL

' TIM ARC—THURSDAY, -NOV. Jl, (Before Mr V. G. Day, S.M.) THEFT. J. Karnshaw, a young man, was charged with the thett of a pair of boots, a shirt, a pair ot sox, ami sonicgold sieve links, value 18s, fro.i! YVakefield's boarding house, on Saturday, October 30th. Accused pleaded not guilty, and was defended by Mr W. Shaw. Sub-Inspector Green stated tho case for the prosecution, and called the complainant,

V> iiliam Gibson, who said that l.e was a labourer living at Wakefield's boarding-house. He left home at 7 o'clock in the morning of October 3Uth, and did not return until shortly after -5 o'clock at night. After returning, he missed tbe articles named in the information. The shirt and boots produced were his.

j In reply to Mr Shaw, witness said j he could not swear that the accuse d ; had stolen the articles as he had not seen him take them. It was possible that accused had bought the articles from some other man. Accused had been wearing the shirt and boots at Wakefield's boarding-house for nearly a week after they were -stolen. William Owers, proprietor of the boarding-house, said mat accused came there on Friday night October 2!Jth. He remained that night, hut left next morning tietore 8 o'clock without getting any breakfast. Jn his bedroom 'he left an old shirt and an old pair of boots wh'ich had since been burnt. On the following .Monday night wiiness saw accused again, when he said ho had obtained employment at the Freezing Works, ami wanted lo be provided with hoard and lodging. He then gave his name as Karnshau, though he had previously given it as Smith.

To Mr .Shaw: After the property was missed, accused wont hack to the boardinjr-house., and remained then' tor nearly a week. Mounted Constable Osborii gave evidence as to the arrest of accused by Constable McLean and himself. H.' was then wearing the stolen shirt, and boots. In reply to a question he said he had bought the thing.-: from a man for Is. This was the case for the jnusceution. For the defence, Mr Shaw first put

»|„. : H ,uso.l m lb.' l,ox. He said Hull 1,.. arrived m Tiniaru carrying .wa<- mi last Friday week. Ho Jin'" Ik h7| in his pocket :.n.l spent. l.' ( ; rl '" paving for a bed for Mir night nt Wakefield's. Tin- following '"" r,lin " ho wet to .Air Slowoy at U«- »•'"' wharf to get work, ami was engaged. Hut before starling I"' wcut to si--- tin.tart of Mil; road race, and began work at IU a.m. lie borrowed => shilling from Mr Slowey or Ins dinner, which lie: had at the Shamrock Hotel, and on the. way up the street lie met a man known as Aorkshiie Joe, who asked him to Imy the hoots and the shirt from him for 2s (id. Accused gave him 2s for them. He stopped that night at a boarding-house in High Street, and on obtaining employment at the Freezing W oiks.lie went back to Wakefield's and was then wearing the articles lie had bought. Sub-Inspector Green, in the course of cross-examination, asked accused il he had ever been convicted of Hull before, bin betore he had lime to rc- .-'•-. .Mr Shaw objected to such a quostion as being improper, and an unlnir ivnv of attacking a man. llie Sub-Inspector contended that it was a perfectly legitimate question, as iesting tin? credibility of the accused. Air Shaw reiterated that it was an unfair means of attack, and quoted some remarks of Mr Justice Deiinistoun at tlie last sitting of the Supreme Court at Tiniaru, in support of his contention.

The Sub-Inspector asked accused whether he "had been in similar trouble once, twice, or more than three times before, ami to all three questions, the accused replied: "I refuse to answer, 7 ' his counsel advising him that he need not answer.

In reply to a further question, accused said he had gone out near the septic tank to put on the shirt he had bought, and to throw away his old one.

The Magistrate said he hardly felt justified in convicting. The complainant said that he left his room about 7 in the morning, and they had it in evidence that accused was out of the house before 8. There might have been time for him to go from one room to the other, and lake the things, but the evidence was not sufficiently strong, to warrant a conviction. A YOITHFUL OFFENDER.

H. C. Neville, a lad 1«! years old. was charged with breaking into Mis 1 Hall's confectionery shop in Stafford Chambers and stealing iil <ss in cash, on Monday last.

Sub-Inspector Green said accused had got possession of a key, and had utilised it for the purpose of getting into Miss Dall's shop. He bad s'so burst open a clasn inside the door. The lad had onlv " abstracted £1 fis f'-om the till, despite the fact that there was more money there. The .Magistrate said the accused was above the age at which he could be sent to an Industrial School, and in any case he doubted if il would be wise to send him then-, lie asked Unaccused if his parents wer" >■• Tiniaru. and to what religious denomination he belonged. The youth .-aid his parents resided in Duncdin. and he had no friends in "V maru. He belonged to the Presbyterian Church. The .Magistrate further asked him if he had communicated with his people since be had committed • '•■■ theft, and he replied that he had not (hue so.

Suh-hispceUir (IriTii said ho was r communication with Duncdin for further information regard in*; the lad, and tho Magistrate remanded liim 1:11 til Saturday next, pending receipt <•■' tliis. Bail was allowed in one surety of £lO.