RESIDENT MAGISTRAT'S COURT.

Waipawa Mail, Volume VI, Issue 665, 27 June 1884, Page 3

RESIDENT MAGISTRAT'S COURT.

Waipawa, Wkdnknday, Junk 25. (Before Samuel Johnson, Fsq , J.l\) alleged larceny. Henry DottyluH was charged with steal ing T i l, tho properly of Patrick Brady, at Tukapau, about -llh .lone. Major Scully attended and conducted the ease. Patrick Brady, a fnllnionger, residing at Tukupim, deposed that on tlm 2*ll h May he received u cheque from Mr Sydney Johnston for £sl Bis I Id, which Im cashed ut tlm Union Bank, Wuipukurati, on tlm following day, receiving £4O iu £5 notes, £1 I iu £1 notes, a half sovereign, ami live stamps. He then went to Wai pawii, remaining at the Set tiers’ Hotel lb.it niglit, and loturning hv (lain next morning to I'ak , i n.."... .1 at tlm Imtel 11,, .e tlm next night. lie had the money on him, hut hel’oic going to h -d, handed it lo the landlord for safely ; it consisted of eight £5 and ten t! I notes ; next morning Mr Presentt relumed them. On sth June ho met. prisoner at Takapau Hotel, who asked him if lie know of a job, asked him if ho could pull skins, and eventually agreed to give temporary employ. Be tween 5 and ('» p in. they left, toge*her, and went to Brady’s house, about half a mile away. Witness was not. limn sober hill under (Im inllu.ime of liquor. Al tlm wlniro they found uuotlmr man named Finn, who was limn in witnessu’s employ, but lias since left und went towards Ormond villi*. There was some whisky m the house, and all throe had some before going to bed. Wit iiohh went first, asking prisoner to pul a glass or two in the bottle near 1 1 Ih head, Ichl lie should he sick in the night. Some time later Im bethought him of Ids money, which he had left in the pocket of his trousers, lying on the floor ; Im took it out and placed it under his pillow. Later on, as lie lay iu the moonlight, prisoner pul his hand on the pillow groping about. On asking him what he wanted lie said Im wanted a drink ; to this witness replied that lie had enough before going to bed, but uh prisoner persisted, he gave him the bottle ; presently prisoner was up again and went outside. Soon after lie came in, and after another spell lie insisted that there was some one in tlm wluire and got up, lit. a candle, and produced a revolver, saying it was loaded in two barrels and if the mull came hack lie would shoot, him. Thou lie came to Brady’s bod-sido and asked if ho had his money all right. Witness told him to go

away and mind his own hiisincsM, that hn should shoot no one there ; asked him for the revolver, which ho gave up to him. He went out again several times during the night. Next morning witness sent Finn und the prisoner to work, remaining in bed all day, but did not look for his money till evening, when some men came with some skins to sell, and then lie found it wuh gone. Ho got up, shook tho blankets, making u thorough search, hut could not find it; then he dressed und wont to tho hotel and gave information to tho police. Ho had a tin of Van Houten’e cocoa on the shelf in tho room they slept in ; he had sines found the cocoa in a paper und tho tin gone. When prisoner was arroHted ho saw Constable Nlmltz take a similar tin out of his pocket, containing eight £5 and four £1 notes on Union Bank. Ho never authorised prisoner or any one else to take either tho notes or the cocoa.

George Prescott, hotel-keeper, Takapau, deposed that ho received a roll of notes from last witness on 31st May, before ho wont to bod ; there were eight £5 and four £1 notes, the former wore new notes. Ho could swear to one of tho £1 notes by the corner being torn off, and some colour on it ; he returned thorn on tin* following day. On tho day after Brady engaged prisoner, tho latter cumo and demanded a long drink, threatening witness.

Churlss Hibson, manager for Mr Sydney Johnston, deposed that on the 17th June, in consequence of information ho hud received, he took up luh position on a hill behind Brady’s house, with a telescope, about 8 a.m. he saw prisoner, whom ho had known as a station hand some years, come out of tho whore and go to a tluxhush ; then ho returned to tin* whure, went inside and oamo out again ; this time ho went to a creek, *und picked up something like a towel ; thou ho wont back, and presently ho saw him come out with a swag and go towards Takapau ; when ho had gone about 130 yards from tho wharo ho nut down his swag and wout to a flux hush, where ho stooped down and groped with his hands. Witness then mot Constahlo Schultz, and they went together and examined the footsteps about tin* flax, where he saw prisoner. Constahlo Hchultz deposed that, from information received, ho wont on the 15th Juno to Brady’s wharo, where In* saw prismi' i and Finn. Told prisoner that Brady lm,l lost Ids ... n«*y and In* had conn to inquire about it ; eoulil gut no satisfactory inhumation hut insolent replies, and ultimately lie searched him and his swag thoroughly, finding nothing but a revolver. Prisoner said, “ What’s all (Ids about ? you’ve made a mistake this time ; you’ll not have mo for it, although you havo had mo once or twice before.” Ho Haid ho “hiul not a copper, having spent all ho hud at tlx* hotel that, afternoon.” O;. 17th Juno ho arranged with Brady and took it position about 500 yards uhovn his house, having an opera-glass with him. About 8.30 ho saw prisoner come out. of tho wharo. The constable described iu detail every movement of (lie prisoner, as related by last, witness, and tho pursuit. On arriving at tho station he found prisoner on tin* platform, and took him aside to search him. ( >ii putting his hand into his right-hand pocket, In* polled out tho tin and hank notes pro diiood. They are all initialled on tho hack ; In* charged him in the usual way, but. ho made no statement when arrested.

<>o being asked the usual questions, prisoner said he hnd nothing to suy.

lie was tln*u committed for trial, and tin* witnesses hound over.

Prisoner applied to bo at liberty on hail, hut. tin* Bench stated that iu view of several previous convictions lmil could

only Is* accepted of a substantial character, himself at £‘2so, and two sureties of £IOO each, to the satisfaction of Major Scully.