Magisterial.

Star (Christchurch), Issue 391, 14 August 1869, Page 2

Magisterial.

CHRISTCHURCH. This Dat. (Before J. Ollivier, J. E. Graham, and G. Hart, Esqrs.) Drunkenness. — Mary Thomson and Geo. William Pickering were respectively fined 10s and 20s, for having been drunk aud disorderly yesterday. Rape. — Joseph William Jones, a/»'a* Sydney Jones, on warrant from the Ellesmere Petty Sessions Court, was brought up in custody, charged with having, on the 27th of last month, unlawfully assaulted Mary Marshall, at Leeston, with the intent to commit the above offence. The evidence of Serjt. Borniman, who executed the arrest, was heard, and tbe prisoner, at th 9 request of Inspector Pender, was then remanded for further examination until Wednesday next. Robbbrt from a House. — Michael Fox, on remand for having stolen four £1 notes from the house of Thomas Vickery, farmer, Rolleston, was again brought up for examina- - tion. The following evidence was taken : — I Sergt. Horniman, stationed at the Bealey, said he arrested the prisoner in that locality on Monday last. He gave the usual caution after explaining the charge, and prisoner made no statement. Previous te the arrest, he found three £1 notes, a half-sovereign, and sixpence in the bag produced, which prisoner had in his pocket. Prisoner said nothing about where he obtained them from at the time, but subsequently he stated that it was the balance of £4 which ho had received from prosecutor for work done. Witness ascerI tamed that prisoner had spent from Its to £1 on his way from Rolleston to the Bealey. Thomas Vickery, farmer, Rolleston, said prisoner had engaged to go to work for his brother, at the Hawkins, and stopped at his house for a week previous to starting. On Sunday last, he (prosecutor) and his wife had 'occasion to leave the house, and were absent from 11 a.m. to 5 p.m. Prisoner was left in charge of the premises during that time. There were four £1 notes in the house. They had been put by prosecutor* wife into the ' pillow-slip of the bed, and prisoner wai in a position at the time whore he could see her doing so. On the Saturday night, prosecutor saw prisoner with a half-sovereign, which he said was all the money he had in tbe world. Prisoner waited for prosecutor's brother until Tueeday, when immediately after breakfast he said, he had changed his mind, and would go to Timaru. He shortly afterwards started in that direction. The money was not missed nntil Wednesday morning, and prosecutor then at once gave information to the police. He could not swear to the notes. Prisoner had been working in' the vicinity of prosecutor's house for. eight or nine months, but never appeared to have any money. Prisoner cross examined proseoutor, but failed to elicit anything material to his defence. Clara Vickery, wife of the prosecutor, gave evidence corroborative of his, except that part referring to the return home on the Sunday afternoon. In this, she contradicted him, alleging that she was the first to return to the house. Richard Galway, a neighbour . of the prosecutor's, said he went to prosecui tor's house on Sunday last, and found the i prisoner there alone. He stopped until Mr Vickery returned. Ih talking to prisoner * about money, the latter made reference to s having seen Mrs Vickery put come notes I away on the Saturday night, but did mot

name the spot. Prisoner, ia defence, made no statement beyond that he had received £3 14s in casb, for work, some time back, ami his reason for saying to Vickery that he had no money, was because Vickery asked him on one occasion to subscribe for two gallons of beer, and he did not wish to do anything of the kind, because he knew that wbat be had would be barely sufficient to carry him to tbe diggings. The presiding Magistrate said the Bench had no doubt whatever of prisoner having stolen the money, but ai there had been great carelessness displayed by the prosecutor, a much lighter penalty would be imposed than would otherwise hare been the case. The prisoner would be sentenced to two months' imprisonment, with hard labour.