RESIDENT MAGISTRATE'S COURT

Thames Star, Volume VII, Issue 1999, 1 June 1875, Page 2

RESIDENT MAGISTRATE'S COURT

THIS DAT. Before IW. Teases, Esq., B.M.

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Michael Noonan was charged on warrant, that he did feloniously steal take and. carry away from the premises of one Margaret Carroll, situated at Grahanistown, in the month of December, 1874, 14 yards of print and 32 yards muslin of the value of £1 4s, the property of Margaret Carroll. - Accused, who was on bail, answered to the charge and pleaded not guilty. Mr Bullen said that although the accused was charged with simple larceny, the evidence might disclose the offence of hqusebreaking. Owing to a link in the chain being wanting, he (Mr Bullen) had thought it safer to lay the charge as one of larceny. (Mr Bullen then stated the facts of the case which it would be sought to prove by the evidence.) He called— Margaret Carroll/ who being sworn, deposed—That she recollected November, last, when she was living in a house next the Kuranui Hotel. Before " she got into trouble" she bought some calico, some muslin and some print, and she searched the shops and. couldn't get anjr more to match it. There were 32 yards of muslin, 17 yards of print, from which she took three off, leaving 14 The print and the muslin produced witness identified as the

stuff she bought. On the 29th November was "sent away from her home," leaving the muslin and print in a box in the house, and the back door was properly fastened. The front door lock was an ordinary one, but the key was lost and the handle loose, which she took out and gave to MacMahon to take care of. He was the landlord and he offered to take charge of thb house if witness allowed the rent to run on. On that 29th November this property was in the house. Witness " camo out" five days after Christmas, and returned to the Thames on the 7th January. Witness got the handle from Mrs MacMahon and went to her house. Found the place all upset—the kerosene lamp burnt down, and the bedding on the floor. Went to the box and found the print and calico now in Court were gone. Next time witness saw it it was in possession of Becky Gillam and Mrs Winepress. Told the detective of it as soon as she saw the stuff with those women. The value of the stuff was £L 4s. Witness did not give the things away—no one had any permission to take them away. Accused, when asked if he wished to cross-examine the witness! said hie wished to have the case adjourned, as he had employed a lawyer who was in town. He was not guilty. He had employed Mr Macdonald.

In answer to the Court he said he had seen Mr Macdonald on Saturday, and he expected the case to come oft" then.. His Worship said under ordinary circumstances he would postpone the case, but the witnosscs were all present—one from Onehunga. Mr Bullen said from the evidence given to him he didn't see how prisoner could be benefited by a lawyer.

His Worship thought the case must go on. If anything occurred he would watch the case for prisoner so far as would be consistent with his duty as a magistrate.

Cross-examined by prisoner—l don't know you—never saw you to my knowledge. I don't .wish, to press the charge against you if I get my things back.Mary Anno Winepress, sworn, said — I know the prisoner by the name of " Mick " and " Carroty Sal. |f.f About Christinas last I recollect being in an oyster saloon in Grabarnstown kept by Miss Gillam. Prisoner came in there one night with a parcel.. I saw him come in. He said "Here was a present for you and Becky Gilliam." He opened the parcel and it contained muslin and print. He said he got them at the mill, and could get anything there he wanted. The stuff was divided by me and Rebecca Gillam. Prisoner was not there when it was measured Rebecca Gillam measured it and we divided it. I gave mine to Mrs Hawkins or Gleeson, and she made it up. The articles produced are the same —made from the print and muslin for me by Mrs Hawkins from the stuff given to me by prisoner. In answer to the Bench, as to whether he wanted to cross-examine the witness, prisoner said it was all false. By the Court—There were several people in the house when prisoner brought in the. print. It was about ten o'clock, between that and nine. I hadn't the curiosity to look into the parcel; until Becky Gillam came in. Prisoner opened the parcel in presence of me and Becky Gillam. There was a man with prisoner, but I don't know his name.

Rebecca Gillam deposed—That towards the end of December last she kept an oyster saloon in Grahamstown. On _the 23rd December she was at the theatre and returned home between 10 and halfpast. Saw the prisoner in the house when she went home. Mrs Winepress told witness aboiut 4 parcel prisoner had brought, and Witness J'aaw the prisoner in the kitchen The parcel was in witness' room, and she went in and saw it. Prisoner asked witness if she saw the present —the muslin and the print, Said ye 3; it was very nice. . Prisoner said he got it up at the mill. " They v were rery tired^-they had a long walk from the mill.. There was another man with Srisoner. Witness measured the stuff, 'here was about 30 yards of muslin and 15 of sprint. Made an equal divide of it between Mrs Winepress, and herself. Gave it afterwards to Mrs Gleeson to make up. Got them back made up. That produced was the dress and slrirt, and they were made from the stuff given to her by the prisoner. Cross-examined by prisoner-—I was not in the house when the things wasbrought to my house. By the Court—l don't know the man who was with prisoner, except by the name of "Charlie." They didn't say the name of the mill they came from. 1 understood the dresses to be a present from this young man (pointing to prisoner). I have not seen either man since Christmas evening. I had seen them before by coming to the shop. ; Samuel Brennan, sworn, deposed—That he was a detective constable and produced j the articles before the Court which he took from Mrs Gillam and Mrs Winepress. . Recognised the accused. Saw him in the month of December last at the Kuranui Hotel. He knew where .Margaret Carroll lived, a couple of doors beyondthe Kuranui Hotel.' Was in Lir •house in November last. Observed ,a qnantity of print and muslin in the house. It. was put into a box, and the house was secured —the back door with boards and the front.by.a spring latch and the nob taken away. The door couldn't be opened without the nob or one similar. Michael MacMahon on oath deposed— That he was licensee of tho Kuranui Hotel in December last. Had seen tho prisoner, but lie never stopped in the hotel to witness' knowledge. Knew the witness Carroll, who occupied a house which witness was agont for. She was: sent away but allowed to retain possession of the house. Witness was asked to take care of it. The front door was secured with the handle and opened by it — d spring latch. She gave witness that nob. It was kept in the bar of the hotel. Visited the house once during Carroll's absence. When witness took over the house there was print and muslin in the house in a box. On a subsequent occasion he visited the house and it was all right. It was possible for one to hare obtained access to the nob. Never gave any one permission to remove ifc. Heard that the house had been found open, and witness closed it. The nob was then in witness 1 possession. By the Court—lt was not with my nob the door was then opened. ! Prisoner said the chap by the name of ! "Charlie" made the present, and he only accompanied him at his request. He said Charlie took the parcel aud went into a room, and ho went into another room and' said to -Mrs Winepress, " There's a present for you." She went into the

room, and what passed he didn't know. He was innocent of where the stuff came from.

His Worship said ho had taken particular notice of what had been adduced, and however guilty Charlie might be, he (His Worship) was convinced that prisoner was equally guilty. The evidence of the women was not to be impugned. He had no alternative but to find him guilty, and the sentence would bo six months' imprisonment with hard labor.

The Court adjourned