LYTTELTON.

Star (Christchurch), Issue 436, 7 October 1869, Page 3

LYTTELTON.

(Before W. Donald, Esq., UM.) Larceht.—^Samuel Fulton, seaman, was charged with stealing three- posts and rails, the property of the Lyttelton Borough Counoil. -Michael Quin, constable, sworn, said: I went at 8.30 this morning to prisoner's house, on the Sumner Road, and saw the posts and rails (now in court), on the prisoner's premises. I asked prisoner's wife if her husband was in. She said "No," and informed me that he was down in the town seeing Mr Hodgson about settling for the timber. I met the prisoner, and cautioned him. Ho said he had taken the timber, and knew he was doing wrong, but he was hard-up. He said he was willing to pay for it now, as he had got some money. He had been out of work, and that was the causs I searched prisoner and found 17s 6d on him. John Hodgson, foreman, of works for the Borough Council, said : I have been missing timber for the. last 3 months from section 204. The timber consisted of a partition fenceput up for the Council. This morning, I missed some more of the posts and rails. I saw tbe ; bo'es where the posta had been, and I found they had been lately taken up. I followed a track made by the wood across two sections to the prisoner's house. I knocked at the back door and the prisoner opened it ; be was in thiß middle of sawing the post produced. The rails were against the lean-to. I spoke to the prisoner, and he said he did not think he was doing any harm, as the fence was a broken down one, and he being hard up at the time took them. By the Bench: The fence is now partly broken down. It waseattle proof three months since, I do not know the prisoner. Have never seen him until this morning. I believe he is a mariner. The value of the posts and rails is 3s/ Prisoner, in defence, admitted taking the wood, but said it, was • through distress, He had hitherto borne a good character, and had lived in Lyttelton seven months. He had seen the bbys carrying' away the- rails, and as it was a broken down fence he did * not think it' any great harm. ' He called Mr Belgrave as to character, who said he only knew tbe prisoner as a sail Or. He had • never beard anything wrong against' him. The Bench said the plea of distress could not be entertained. Had the charge been brought in another form, the sentence might have been much heavier. Sentenced to 14 days, with hard labour.