RESIDENT MAGISTRATE'S COURT

Thames Star, Volume VII, Issue 2079, 2 September 1875, Page 2

RESIDENT MAGISTRATE'S COURT

THIS DAY.

(Before W. Fraser Esq., R.M.)

STRAYING HOESE

W. H. Taipari was charged witE allowing one horse to wander at large in Grey street, Shortland. The horse had been impounded. . Defendant said " aye;' the Magistrate said 2s 6d and costs. : STEALING BACON. •■•> John Fallaize and John Tucker were charged that they did on or about the 30th day of August, 1876, at Grahamstown, feloniously steal take and carry away two pieces of bacon weighing-about 131bs, of the value of 15s, the property of George McDonald.' Defendant Fallaize said not guilty. Tucker said " this man gave a piece of bacon to him, but he was drunk at the time and didn't know.

Mr Bullen stated the circumstances of the case, from which it appeared that one of the prisoners was a sailor <m^ McDonald's boat. H| George McDonald deposed that he wajr a settler below Miranda. Owned a punt called Lake Erie, which came in on Friday night. Knew both prisoners. Fallaize was employed on the Otahuhu cutter and Tucker on witness' boat, Lake Erie. Had some pieces of bacon on board his boat—didn't know how many. Sent a carter down for the things. Reported the loss of some bacon to the police in the afternoon. The carter was the only one who had permission to:*emove the bacon. Would not know the Vacon again on board on Monday, but did not know how many pieces.

Prisoners declined to cross-examine. Mrs McDonald, wife of last witness, came over in the boat. There were three pieces of bacon on board. The piece produced was one of them. The value of the bacon would be 15s or 16s. No one was authorised by witness to take the bacon away. Peter Maxwell, a carter, deposed that he received instructions from Mr McDonald to fetch some things away from the Lake Erie. Saw one piece of bacon. Was not told how many pieces of bacon. Asked' the skipper of the vessel, who said he thought there should be three pieces, but perhaps Mrs McDonald had taken the other two.

Margaret Bedford, wife of Patrick Bedford, residing in Amy-street, Grahamstown, deposed that' she recognised tho two prisoners. Between 2 and 3 o'clock on Tuesday morning prisoner Tucker came to witness' house. He gave witness the bag produced, which she found contained two pieces of bacon. Prisoner said " You'd better take those until Jack comes up," meaning the other prisoner. Took the bacon and kept it till morning. Tucker went in and slept in witness' house for the remainder of the morning. The other prisoner Jack came at 8 o'clock in the morning. He said "Is that there? " Witness said " What ? " and he replied " That bag." Witness told him it was, and he said, she had better cook some for breakfast. Witness asked where it came from, and prisoner' replied " You never mind; that's all right." .That wai the bag given by the other man. Prisoner Fallaize cross-examined the witness with a view to throw discredit on" witness' testimony. ' Patrick Bedford, husband of the last witness, deposed—That he was a bushman and husband of the' last witness. Was at breakfast with the two prisoners on Tuesday. Heard his old woman say something to prisoner Fallaize about bacon, when he said " you never mind." Both were eating the bacon at the time. Tucker said nothing—didn?t appear to know anything about it. Sergecnt Elliott deposed—ln cpriSftquence of information received from Mr McDonald be went to the house of the last witness. Told Bedford he was going to search the house. He offered no objection—said witness could do so,-In a back room, in a small cupboard, found the bag and bacon produced. Bedford was present. Tucker was in the front room and the other prisoner was asleep -in another room.. Charged Tucker with the offence, in consequence of what 1, the Bedfords said. Tucker told withes* that he believed he got the bacon from Jersey (meaning the other prisoner) but he was the worse of liquor. Witness thee went to Jersey and charged him with the offence, who said he was drunk and didn't know anything about it. Arrested the * prisoners. Prisoner Tucker said all lie had to say was that he didn't steal the bacon. He was not on board the punt. The other prisoner made a very lame defence, but offered no explanation about the bacon.

The Bench said if they could not or would not offer any explanation of how the bacon came into their possession, they must be held guilty of stealing it. Each would undergo imprisonment with hard labor for two months. —^_ The Court adjourned. .. r --*-,.