THE COURTS.

Tuapeka Times, Volume XXXIV, Issue 4900, 16 October 1901, Page 3

THE COURTS.

MAGISTRATE'S. Monday, 14th"Dctobeb, 1901.

(Before G. Cruickshank, Esq., S.M.) BREAKING CARGO.

John Hore was charged by ths police on two informations with unlawfully damaging one quatter.oaek oi whisky, and with attempting to steal whisky of the value of 2s, the property of David Anderson Jolly, Cromwell. Mr Haggitt. appeared for defendant and Sergeant Bowman prosecuted. A contention by Mr Haggitt alleging want of jurisdiction on the part of the Magistrate having been overruled, It was agreed that the two oharges should I be heard together. Sergeant Bowman said that on the 2nd of the present month a quarter-cask of whisky was on a carrier's waggon at the railway station having been deposited there from a railway truck for transit to Cromwell. Hore was there and was the worse of liquor and was seen with a hammer and nail, the latter of which he drove into the cask. He was stopped before he sould do much damage. He was- remonstrated with and refused to desist and Constable Taylor was sent for. M. Carrutbers, casual Government laborer at the railway station, said that on the afternoon of the 2nd October defendant was in the railway yard and in the goods shed. There was a quarter-cask of whisky in Staunton's waggon which was going to Cromwell. De- | tendaot said he wanted a arinfe and went into the waggon when witness told him not to touch it. Defendant replied that witness could not stop him. He then went for the constable and when he returned he saw that , a nail had been driven into the cask and that the spirits were trickling out. By Mr Haggit: Hore did not get any whisky out of it. James Todd, laborer employed at the railway station, saw defendant on the afternoon in question drive a large nail into a cask of spirits but he got no whisky out of it. By Mr Haggitt : He made no attempt to take the nail out after he had driven it in. George Applegarib, clerk at the Lawrence railway station, saw defendant loitering about near Staunton's waggon in which the cask of spirits was on the afternoon mentioned. He didn't seem at the time to have been in his right senses. Witness endeavored to get him to leave but he didn't seem capable of understanding. He then went to get the police to remove him and when he returned he found that a nail hod been driven in the cask. B. Moore, wheelwright, deposed to having plugged up the hole made by the nail. Censtable Taylor stated he was called to the goods «hed on the afternoon referred to and told Hore to clear away out of the place, fie was under influence of liquor but knew what he was doing. He then went to the caek and saw the nail which had been driven in to the head. Sergeant Bowman said Mr Jolly of Cromwell had authorised the prosecution. That was all the evidence he had to offer. I Mr Haggiifc asked to have the information dismissed as there was no proof that an attempt had been made to steal. Defendant, he admitted, had acted foolishly and he was sorry for what he had done and was willing to pay fox any damage that may have been done. He submitted that should meet the case. The charge of attempting to steal was with- , drawn, and defendant ooimated of unlawfully damaging. The Magistate said he looked on the ftbarge as a very serious one. The only thing in extenuation was that the man seemed to have been soarcely responsible for what he did on the occasion. That was the only question about it. Otherwise it was a very sorions thing to damage cargo. It was not often that such an offence was brought to light as it was difficult to get on the track of it. Defendant would be fined £1, one witness's expenses 3-3, Court costs 15s, or in default 7 days l imprisonment. Defendant was allowed until Saturday to pay. STEALING A HORSE COTEB. Two young lads, William Campbell and James Tyler, ware charged by the police with stealing a horse cover of the value of 16s, the property of of H. Craig and Co. Sergeant Bowman proseouted. Campbell pleaded guilty and said he took the cover while Tyler watched for him. He put it on his horse and afterwards threw it away at the Beaumont station. Sergeant Bowman said Campbell had admitted to Mi Craig that he tqok tbe. cover from a bail of covers oaf of Mi Craig's shed, Tyler watching for him. In answer to tbe Magistrate, Campbell said he had at one time worked for Mr Craig. He took the cover about six weeks ago. Sergeant Bowman explained that Tyler had cut open the bale and the other lad took the cover away with him. Campbell, in answer to the Magistrate, said he was a trapper and was earning 10s a week. Mr Craig explained that Campbell bad been about a month in bis employ and he could not give him a good character. The bale of horse-covers was in a shed wrapped up in packing, which they ripped open, thinking, no doubt, that they were not branded. On finding this was not the case they out the brand out of it. When he accused Campbell he was told by him that an older brother of the accused lad Tyler, a young fellow of 20, was also present when the theft vrnß committed. A boy of that age should know better and was more to blame than the others.

Sergeant Bowman Baid the elder Tyler referred to was away at the Beaumont staton.

Campbell said he threw the cover away when he heard the Police had been informed.

vHis Worship having admonished the lads ; and pointed out the troubles that awaited them unless they mended their ways, said he did not like to send them ta gaol, and fined Campbell 10s and ordered him to pay 16s, the value of the horse cover, to Mr Craig. On a second offence of tho kind he would probably send them to gaol for three months. Tyler wasalßo convicted and fined Is and Court oosts, (9b). cztzzjcasb. 1 George Leslie v. Toos, Hughes,— A claim

for £5 la 6d, money lent. Mr Haggitt for plaintiff. Defendant having paid £3 Is 6d since issue of summon?, judgment was given for the balance with Court coata (17b), and solicitor's fae {5%).