MAGISTERIAL.

Star (Christchurch), Issue 5734, 30 November 1896, Page 3

MAGISTERIAL.

CHRISTCHURCH. > Monday, Nov. 30. (Before Mr ,T. B. Sira, J.P., Mr W. E. . Samuels, J.P., and Mr A. Lawrence, J.P.) Drunkenness. — George Beeves, Thomas Bevan and Maurice Kavanagh, first offenders within the meaning of the Act, •were each fined 5s and costs, in default twenty-four hours' imprisonment. Illegally on Premises. — Sabini Miu'phy war. charged with having been illegally on the premises of Albert Bates, The accusod was discharged, as the authorities of the Samaritan Home agreed to take her into the home. Alleged Larceny of Timber. — Joseph Henry Thomas was charged with having, on Nov. 26, stolen a quantity of timber value .£lO 4s, the property of William Goss, senr. , Mr Donnelly appeared for the accused. Inspector Broham called Constable Andrew, who stated that on Thursday, about 3 a.m., he was in Salisbury Street with a night watchman, Richard Spry, and saw the accused at the corner of Salisbury Streetand Durham Street. On the accused catching sight of them he turned and ran . Witness ran after him and overtook him, and asked him what he was doing. The accused at first said he had been putting his horse in the paddock, and afterwards said he had had a row with his wife and had come out for a walk. Witness searched him, .and found that he was wearing' goloshes, and had a key (produced) in his pocket. Witness took the accused back in the direction from which he had come, and found four pieces of timber tied together. He said to accused he could see what , made him run away, and charged him with having stolen the timber. The accused denied any knowledge of the matter, but witness took him to the Police station and locked him up. Witness afterwards went to accused's place with Sergeant Briggs and Spry, the night watchman, and found that the key, which he had taken from the accused, unlocked a workshop, which was full of timber. They removed the timber, about a drayload, to the Police station. Richard Spry, gave corroborative evidence. Detective Benjamin stated that he went to the accused's house about 5.30 p.m. on the same day, and asked accused if he could account for the timber which had been found in his workshop. He said he could account for it at the right time ; he had bought and paid for it. Some of the timber was outside the court, and some inside. William Goss stated that he was in charge of his father's timber yards in Durham and Peterborough Streets. There were two yards in Peterborough Street, one on the south side called the drying yard, and the other the general timber yard. The yards were securely fenced, but a man could crawl under the gate of the north yard. The accused had worked for witness's father a longtime ago. On Thursdy last witness went to accused's house, which was directly at the back of the yard. He saw there a large quantity of timber, dressed and undressed, of the total value of about j^2o. Some of the timber he recognised as being their milling, and other timber, soj??,e flooring boarcls, he recognised by the thickness. The timber had not been sold. The police took possession of the timber that was identified, about half the quantity that was there. To Mr Donnelly: He could not positively swear that the timber had not been sold. That would be more a matter for the yardman. Re-examined by Inspector Broham : He believed the timber had not been sold. William Keig, engineer and manager of the sawmill in the general yard, deposed to going to accused's house on Thursday last with Mr Goss and the police. Though he could not swear to the timber as being Mr Goss's it corresponded with the milling of his timber. Frank Lok, yardman in charge of the drying yard, stated that among the timber .at the accused's place were some pieces which he recognised as having handled in the yard about a week ago. Three pieces, in particular, he was sure, had not been sold, because he had condemned them. W. Henry Warren, yardman in the general yard, stated that he recognised one board by the brand on the end, and a split in it. He was sure it had not been sold. On Tuesday last he stacked some rimu studs in the yard, and on the Thursday following he missed four of them. The four produced were like those that he missed, and they had not been sold. This closed the case for the prosecution. Mr Donnelly addressed the Bench, pointing out that only four pieces of timber had been identified. He urged that it would be unfair to commit the man for trial on a charge of stealing a cartload of timber when only about five shillings' worth had been identified. The accused was committed for trial at the next session of the Supreme Court. Bail was allowed in the accused's own surety of <£25 and two sureties of .£25 each. (Before Mr R. Beethani, S.M.) Civil Cases. — Judgment was given for plaintiffs by default in the following cases : — Hallenstein Bros. v. H. Peake, £7 ; G. A. Lindemann v. W. Ayers, £5 5s od; Ashby, Bergh and Co. v. J. J. Philp, .£25; W.. Strange and Co. v. H. B. Coles, £2d Os lOd ; H. Hedge v. H. Brown, .£8 6s ; Christ's College v. T. Hobbs, ,£6; Hobbs and Goodwin v. E. L. Probasco, £4>. — C. Redfern v. C. E. Turner, claim -15s on judgment summons. Defendant ordered to pay or undergo one week's imprisonment. — A. Ayers v. G. A. Lindemann, claim .£l2 for balance of contract for grubbing gorse. Mr Bishop for plaintiff, Mr Johnston for defendant. A. Ayers deposed that he and his mate took the contract for .£l7. They completed the job all but a piece of gorse in a corner. This represented about a day and a half's work which they were willing to complete but defendant would not allow them to do so. Had received .£1 in cash, and estimated that they had received stores to the value of about <£4. The two had worked eight weeks at the job. Defendant deposed that the work had been badly done throughout Grubbing had been omitted, and he had since put on a man to finish their inconipleted work at six shillings a day. This man had worked for twenty-four days, and had made a good job of about half the ground up to date. Judgment for defendant.