MAGISTRATE’S COURT.

Thames Star, Volume LVII, Issue 159224, 13 September 1923, Page 5

MAGISTRATE’S COURT.

(Before Mr J. H. Salmon. S.M.) ■■ ? UNLICENSED DRIVER. ' W. R. White was charged with acting as driver of a motor-ear without being licensed and Wm. White, the owner, was charged for permitting him to do so. Sergeant Mae Donnell said the lad was under age, and Mr. White having been short-handed he put his son in charge of a car. The son had a •certificate of fitness as a driver, but was rather young. Mr. White said the boy was fully competent and he was stuck for a ■driver at the time.. , / "" The defendants were convicted and ordered to pay costs. BREACHES OF ORDERS. ■ Ernest Walter Maxwell was charged with procuring liqubr during the currency of a prohibition order. The Sergeant said Maxwell came into his office under the influence of liquor. Defendant admitted having two •drinks as he had a touch of influenza / The Magistrate said Maxwell was laying himself open to imprisonment for a breach of his prohibition order. He would fine him £2 and costs. Thomas Bowden was (Similarly charged. He pleaded not guilty. Constable Collins deposed that while on duty he saw defendant iu the street and then was half-drunk. The same man was charged with committing an indecent act in the street. It was while this was happen ing that the constable spoke to him. ' Defendant denied the charge and said he had no drink at all. His Worship convicted and fined Bowden £2 and costs on the first charge and £3 and costs on the second charge. ALLEGED THEFT. ' . - Oeorge Ernest Thorburn and George Gordon Way, were charged with stealing eight fowls valued at £3 4s. the property of Robert Glasgow. George Ernest Thorburn was also charged, that he did aid and abet G. G. Way in the commission of the above offence. Mr. Clendon appeared for Thorburn and pleaded not guilty. Mr. Garland appeared for Way, whos, pleaded guilty. Sergeant MacDonald said that on the date in question the two accused were at Glasgow’s place and left there about 9 p.m. and shortly after it was discovered a number of fowls were missing. It was reported to \ the police and some time after they were discovered further down the k coast. They were identilejd by the owner, as they were marked on the wsb of the right feet and there was no doubt they were the ones. Robert Glasgow residing at Tararu. Said that Thorburn and Way were visiting him on the night. Both came together, Dysart and Jas Glasgow were also there. They brought i a gallon of beer with them. The ■ accused left after nine o’clock. He kept prize fowls. He had looked at them about 7 p.m. and they were all there then. Later in the evening

he again counted them and found \ several missing. He went with Constable Forsyth to Tararu to Mrs Way’s place and saw some of his J fowls there. He examined them, finding eight and they caught them. I They were marked by two holes in the web of the right foot. The fowls now at the Police Ssation were' the ones. y • • I He valued them at 8/- each. He I had seen Way since. Way had come V to his house last Saturday. George ■ Thorburn’s father also came to his I house. / I Mr. Cl end on protested against ■ this evidence and the protest, was I upheld,.- 7 Continuing, witness said ■ that T-norburn lived about 600 yards K from/his place. To Mr. Clendon:—They were prize HJcowls, similar fowls could be pur- ■ (rhased cheaper. His fowls were ■ ytoung fowls. He saw the fowls at ■ 7 p.m. He had been losing fowls ■ for two months. In all he had ■ missed 27. He counted them pretty ■ often. At 9 p.m. there were some ■ more missing. This was about a ■ quarter of an hour after Thorburn ■ aiid Way left. It was not Thorburn’s place that the fowls were found at. He could identify his hens from others by other ways than the mark on the web. He was not mistaken. They would come to a particular whistle. 'Cross examined by the Sergeant; ■ had bred other fowlis for a good ■ many years and could absolutely ■ swear to his fowls. His reason for going out at 9 p.m. was that a friend wanted one. To the Magistrate; He missed five night.. He had counted them frequently and they ‘had been going dribs and drabs for some time; were all hens. Archie Dysart of Tararu, deposed

being at Glasgow’s between 7.30 and 9.30 p.m. He saw both accused at the place. Another man came after they left. Glasgow was locking his fowls up when witness arrived. To Mr. Clendon:*—He did not know if all the beer was consumed that evening. He 'left sho'xtily after accused left. He heard no disturbance in the hen-house. He heard some conversation about a ( saw and other tools. To Mr. Garland: —Way showed signs of liquor when he arrived. Cross examined by the Sergeant the accused were capable of looking after themselves. When he left, Thorburn and Way were not exactly drunk. He had often seen Glasgow’s fowls; They were good fowls. To the Magistrate: Some of the older fowls of Glasgow’s would be worth only 3/6. He had purchased fowls from Glasgow six or eight weeks ago. Silveria Way, of Puru said she knew both the accused. She saw Thorburn Way and her father together that night. They were talking together. Her father said “tell I bought these fowls at a sale.” the fowls came in Thorban’s cart. Thorburn and her father went away together. When she first saw them they were letting fowls out of a bag. She believed they were bought at a sale. It was about 8.30 when she saw them. To Mr. Clendon:—lt would take 45 minutes to drive from Thorburn’s to her father’s place. The place belonged to her grandmother. Thor--1 burn had no interest in it and had no goods there. She had been 15 minutes in bed when she first saw accused and her father. It was not moonlight. She was not positive it was Thorburn. There was no light ii? her room. The path was close to her window, and She could look straight out. She saw the fowls next morning. To the Sergeant: She heard hen father and Thorburn talking In the kitchen. She had been to the Thorburn’s once.To the Magistrate: She recognised the voices in the kitchen. Grace Way disposed she saw Constable Forsyth and R. Glasgow come about the fowls. She was away when the fowls came. ’ She only knew what the little girl had said about them. To her knowledge neither George Way nor Thorburn had brought fowls to' the place. .To) ■.'the Magistrate:—The fowls she owned were infixed.- Glasgow indentified his fowls. *

John Bryant said he was at Tararu at 10 30 p.m. on that evening He saw both the accused the other side of the Old Men’s Homes in a trap. Thorburn was driving. They called out “Good night.” He was positive they were there. They seemed sober. To Mr Clendon: Nothing else was . Thorburn was sitting in the trap and did not get out as far as he knew. The trap was stationary and Way was standing alongside. He could not see anything in the trap. To the Sergeant: The horse was facing towards Thames. Apparently they had come from Puru. Tioi the Magistrate: They could toavp been coming from Thoburn’s place.

.Cons. Forsyth deposed going with Glasgow to Way’s place and assisted him to catch the fowls. Later he saw the accused. Thirbum denied all knowledge of the fowls or on being on the coast that ruight Way admitt.ted stealing the fowls and said • that Thorburn was with him but that he would take , the fcfiame. To Mr CJlendon: Wav' readily admitted taking the fow’s but Thorburn denied it. Thorburn could have'heard what Way said to him. Thorburn threatened to do for him and was jinsuiting. To the Sergeant: Thorburn thrat ened to do for one of the police, Mr Olendon, reviewing the case submitted there was no evidence of theft against Thorburn. It vas not sufficient to put certain evidence forward, there must be proof The two weak links were Thorburn’s presence at Way’s and the meeting on the road with Bryant. In the first place the evidence of the little girl was not convincing. In the second place there was no satisfactory evidence that Thorburn's trap took the fowls to Way's These two links were to weak to Convict Thorburn. .His Worship said there was no doubt the fowls were Glasgow's and Way had admitted the theft. The evidence showed the men were together and it was inconceivable that Thorburn had not some guilty i knowledge of the theft. The evidence showed that the number of fowls missed that evening were only five whereas eight were delivered at Way’s. However strong his suspicions were, Thorburn must get the benefit of the doubt and he would dismiss the charge. Mr Garland said this was the first occasion Way had been before the eourt on a charge of dishonesty

'On the day in question Way was not sober and he asked for leniency. Way had a wife and six children. His Worship, in view of it being a first offence, convicted Way and fined him £o in addition to costs and the return of the fowls.