Magisterial.

Star (Christchurch), Issue 278, 5 April 1869, Page 3

Magisterial.

m —^ — B CHRISTCHURCH. -*. H ; This Day. H (Before C. C. Bovren, Esq , R.M.) SB Drdnkenness. — Michael Griffin, ou hail, HHidmitted having been drunk and incapable on ■■Saturday evening; but, being his first appearBHmcc, the nominal penalty of 5s only was BHnflicted. HB Lxkcest of Letters. — Thos Smith, 13 Swears of awe, on remand, was brought up HBharged ■with stealing letters from private BB>oxe3 at the Post-office. Sergeant Pardy HHaid there were two separate cases against RHhe prisoner. Constable Hallcran said: At |8b.15 on Wednesday evening last, he was BBn duty in Colombo street, and saw the priHHoner open one of the private letter boxes in BHhe south window of the Post-office, taking HMherefrom some letters, which lie placed in his ■Boat pocket He also applied 11 key to two BBther boxes, but failed to open them Having around, he went to the centre window, Hind succeeded in opening some of the bnxea HHjuere, but failed with others. He then went HK) the window north of this, and tried several HHther boxes, but witness was unable to diswhether he took any letter* from them H|r not. Wlien prisoner moved away, witness HHvalked up to him, and asked what he had HHeen doing there, to which he answered that HHe was waiting for the mail from the south. KBKritnes3 then asked him what he was (loins BBvith the keys he had been applying to the H^Ktter-boxe , to which he replied that he had IHt'ly one key, and that it belonged to the HHJVess box. Witness obtained it from liim, HHJnd found that it opened several of the other HJHoxes also. He then took prisoner into the HHjost-office by the back-dnor, and asked a clerk HS the south mail had arrived. He was inHHbrmed that it had, and had been distributed. HHritness next told prisoner to give him all the ■Betters and papers he had taken from the HHoxes, when ho produced fire letters and two HHkwspapers. They were all addressed to the HBbitor of the Press, and lie stated they were HHk that he had; but on searching him, witness HHmnd sundry other papers not connected with HjHke present case. Witness then arrested HBrisoner, and cautioned him in the usual way. BHftn the following morning a place where a BHJtter had been found was pointed out to witHHJess by one of the clerks of the Post-office. HHb was near the door by which witness took B^Hrisoner into the office on the previous tvenHJHkjr, and close to where the prisoner would BBLss. The key produced was the one BflLken from prisoner, and had been H^Kund to open Nos. 15 (Press office), BJHjT, 112, 76 and two others. John Lewis, HHommission Agent, Colombo street, ChristHHJpurch, said he had a private box at the Post■Hßke, from which he obtained his letters. It HHjas numbered 76, and he had two keys for HB8; one for himself and one for his head BJHerk, Mr Herdson. On the evening of HHRiturday, the 27th of March, he went with HJHBs own key to the box, land found several HHBtters lying in it. As far as he could re■HKllecr, there were some addressed to two of HB S clerks, named Blundell and Cameron, and Bfte addressed to the care of the latter. These HjHHb left, but' several others being addressed to BBBmself, he took them away, excepting one, beinn an ordinary official letter, he ■Hat with the others. He next went to the HBBx on Sunday morning, and found the letters H^Hst as he had left them; but on the Monday MJHBternooii he called, and they were all gone HHJgitness had no doubt but the envelope proBjHJiced and addressed Mr Donald Cameron BHBib one of those which he left in the box. B^BJe knew the lignature (Archdeacon Harper) the cheque produced, and was expecting HHHe cheque. One for tin same amount came H^Hery month with great regularity, and it HHHould have been there on Thursday last. cheque is dated on the day it was due at HHJ|tness' office. John Cameron, clerk with H|Rt witness, said he was in the habit HBn receiving his letters through, the 'of Mr;- --private box. HBHa . Saturday, the 27th instant, Mr ■H^Hera^on's'/H^y P^ Vb c box "■'•was giyen to |^^Hair r >'.nor'tlj;befpre t ;the. closirig,6f. the : office, „_r etained^ p_qßseS*ibn of it until the ■^Blowing, r Tuesday "morning.' He d,id not H^^Bnove any fetters during that time, nor did receive any addressed to him. The enHHBlope produced was addressed to Mr Donald

Cameron, care of witness, and it was the one which bovered a letter he received from a clerk at the Post-office, in presence of a third person; The envelope appeared as if it had been previously opened, a tear in it being gummed down. He belifved it was Kriday afternoon, the Ist inßt, when the letter was given to him ; hut the rfate of the Hhrhtchurch post-mark on it was the 27th of | March: Had the letter b?en in (he box on the latter date, he would certainly have re ceived it on the following Tuesday morning. j — Christopher Dahvood, contractor for carrying the mails between the Christchurch Post-office and ltailway Station, said on Thursday morning, the 3rd of April, he went to the office a little after six o'clock, and found a letter close to the back door. He took it to one of the clerks, and noticed that it had the appearance of having been opened. | He id-ntified the envelope produced as the one he picked up. George Bull, clerk at the Post-office, aaid the envelope produced was received at the Post-office on the 27th March, and would be placed in the private box during the same day. The mails from Hokitika arrive in Ohristchurdi on Wednesday and Saturday afternoons, at 4.30 p.m. Detective Feast said the cheque and postage stampß produced were given to him by prisoner's father in an unaddressed envelope Witness went to the latter, becausa prisoner had told him, after his arrest, that he had found a cheque and some postage stumps, and had given thttn to his father. When the latter gave witness the cheque <*nd stamps, he said his boy had found them, and that he had advertised them. By Mr Williams : It was the day after the prisoner was arrested that witness obtained the cheque and stamps from prisoner's father; there was also an advertisement in the envelope, which had been cut out of the Press. Tc was dated the 27th of March, which would be previous to prisoner's arrest. This concluded the case for the prosecution; but Sergeant Pardy said he had the Rev Archdeacon Harp.r of Hokiiika to call as a witness, if the Bench were not satisfied on the present evidence. He had not yet subpooneadel Mr Harper, in consequence of the great expense which would be incurred, but could do so. Mr Williams, who appeared for the prisoner, said he considered himself entitled to a discharge, as he was in a position to show that the boy had given the cheque and stamps to hifl father, saying that he had found them, and that the latter had actually advertised them previous to his son being arrested. His Worship said he would hear the second case before giving any decision. The second case was then proceeded with. Constable Halloran repeated his former evidence bearing upon the arrest of the prisone.*, and said, when cautioned, the latter denied opening any of the boxes exceot that belonging to the Press office. Witness searched him in the Post-office, nn<J found a ti :ket for a ball. Heidentifled the ticket produced, and it was addres-ed to Mr Carruthe rs. Prisoner said he had found it in Colombo street. In addition to the ticket, witness found the keys produced, one of which opened the box enumerated in his previous evidence. It was about 8.20 when witness saw prisoner take letters from the first box he trie 1, and from that time to 8.45 he was employed trying the other boxes. When witness was trying the key in box 15, prisoner said " That is the Press box." There were no letters or papers in it. Mary Ann Cass, wife of Thos Cass, said on Monday last she sent a ball ticket to Mr Carrulhers. She gave it to Mr A. F. N. Blakiston to post. A. F. N. Blak iston, Assistant Provincial Secretary, was called, and proved to receiving a number of letters from Mrs Cass, and to depositing the whole of them at the Post-office, on the same day. He was certain that he did so, and could not have forgotten one. W. D. Carruthers deposed to having received a letter from hie clerk on Tuesday and Wednesday last, which had the appearance of having been previously opened, and that he had missed others altogether. D. Murray, clerk to this witness, deposed to having taken them from the private letter-box in the condition stated ; and John Grubb, clerk at the Postoffice, said in consequence of complaints from Mr Carruthers, he had examined that gentleman's private letter-box. Several letters bore evidence of having been opened, and there wa3 also an advertisement from the Railway Rowing Club (the original) in the box. Willoughby Ollivier adduced to having J taken two manuscript advertisements about! the Railway Rowing Club to the Fress office on Tuesday evening last, with a request for one of them to be sent to the Times office. Alfred Clarke, a boy employed at the Press office, dep ised to Mr Guthrie giving him the advertisement produced, and telling him to see that it went to the Times office. When prisoner came on at 5 p.m., witness gave it to him to take, and saw him put it into his coat pocket. Witness was in the habit of fetching the afternoon letters from the Post-office, and prisoner those in the evening. By Mr Williams : On seeing prisoner p it the advertisement into his pocket, witness told him to be careful or he might lose it. Wit ess did not know of anyone fetching letters from the office except himself and prisoner, but some one might do so in the evening. The key of thej letter box was kept on a nail near a door in the office. Witness had more than once been sent back to the post with letters which had been placed in the Press box, but which , were not intended for the Press. This was before prisoner's arrest. By Sergeant Pardy: It would be a month or mojre previous, but not lately. By Mr Williams: He knew that there are now two papers at the Press office, which did not belbng to the office. They had been taken from the Press letter box at the Post-office, wliere they. must have beer, placed in mistake. W Uiam Haggett, another boy employed at th<! Press office, said on prisoner returning fr< ra the post: on Tuesday {eveniug, between 8 md 9 o'clock); he said he had lost the Railway Rowing Club advertisement which had been given him to take to the Times office, and went upstairs to get another copy.

Wm. Taylor, night printer at the Times office, said about 9 o'clock on Tuesday evening last prisoner came to the office with ih- 1 Railway Rowing Club advertisement (the copy) produced, but the other paper (the original advertisement) produced had not on any occasion been submitted to him. ' Detective Ftast said on the night of { prisoner's arrest, prisoner was taken to his father's house, and in answer to a question from the latter respecting nn advertisement referring to the Uailway (towing Olub, he said he had lost it, and subsequently procured a cop", which he took to the Times office. The prisoner was committed for trial on b.>th charges, Mr Williams reserving his defence, and his Worship stating that bail would be taken — prisoner's father for £H)0, *nd one ■ ither of £50.