RESIDENT MAGISTRATE'S COURT.

Wanganui Chronicle, Volume XXIV, Issue 9660, 13 June 1882, Page 2

RESIDENT MAGISTRATE'S COURT.

Monday, 12th June. (Before JR. Ward, Esq., E.M.) okminal cases. Breach of Eailway Eegtjlatiows. — Edwarfc Barrett was charged, oa the information of Sergeant Bissett, with a breach of the railway regulations by getting into a railway carriage on the Ist instant when the train was in motion. ' , Accusod pleaded guilty. Frederick' Seymour Whitooinbe, paymaster on the Wanganui Eailway, proved the offence. — His Worship inflicted a fine of 10s, find costs 7s. Bbeaches of Bohotoh By-laws. Daniel O'Hara was charged, on the information of Sergeant Bissett, with a breach of the above by-laws by allowing a cow to wander in Harrison Place on the 2nd instant. Accused was further charged with allowiug a number of

calves to wander in Bell-street on the' 4th instant.— Mrs O'Hara appeared, in the. absence of her husband,' and pleaded guilty, and his Worship inflicted a fine of os, and 7s costs, in each case. — John - .. , M alone was charged with being . the " ' owner of four horses found wandering iii'Bidgway-street on the sth instant. — Defendant did not appear.— Constable ■' ' Xyster proved finding the horses wandering at large, and a boy named John '■ ->. Jones proved that the horses belonged to Malone. — Fine £1, and costs 9s. | ; Keeping House of 111-Fame. — Catherine Mills was charged with being the reputed occupier of a house of !illfamo in Market Square, Wanganui, on the 3rd instant. — Accused pleaded guilty. — Inspector James said the house was a notorious house of ill-fame, and on Sunday morning, the 4th instant, a . . great disturbance took place in it. — ' : :';: Constable MoOlenaghan testified to the disturbance taking place at about I o'clock in the morning on the date in question.. He heard men fighting and .0 yellin ; g inside, and went in and took the names, of eight men who were there. They we're half drunk.— Sergeant Bissett proved that accused had been keeping a bad : house for abont. two years and a half, although she had only been in the present house about six weeks. Many complaints had' been made as to the char&cter 'of the house. — His Worship inflicted a fine of £2, and 7s costs, in . default of • payment, distress to issue. — *,-., Clara Mitchell was charged with being y an inmate of the aforesaid house of illAccused pleaded not guilty. — j Inspector James asked permission to withdraw the ' charge, as ' the accused had only been a short time in Wanga- :. nui, and she would be an important , witness in a subsequent case. '■ ' Eobbeet pbom the Pebson. — John Williamson was charged, on the information'of Sergeant Bissett, with feloneously stealing from the. person of one William Brown ' three £1 notes. — Michael Foley, expressman, deposed to having, on the 6th ihst., .been engaged by i William Brown to fetch his swag from the Wallabi. The Wallabi was not there, and Brown went with witness in bis express' to the Red Lion Hotel. Saw; prisoner on the bridge as witness ,was paying-toll to go across. Prisoner followed ■ witness and Brown into the hotel. ' Brown "paid for four drinks, of .which accused had one. , Before witness left the hotel Constable 1 Lyster arrested ,Wjlliam Brown. The constable had to fet Brown into witness's express to ring him ,to the- watch-house. Brown ■was handcuffed before being put in the express. Accused said he was a particular friend of Brown's, and would ride over to the lockup with him, if the police had no objection. .Constable Lyster had no qbjection,- and. prisoner rode over with him. On arriving at the station, Constable Lyster left the express to get assistance for the removal of Brown. "V^hile^Lyater was away, Brown said, ".Ij.give this man [accused] in charge for robbing me in tnia trap." Accused had. been sitting alongside of Brown all the, .way from the Bed Lion, and when witness looked round accused was in the ac£ 7 "of -rising. . Brown said, "lam a prisoner- in irons, and have not got the use of my arms, and I have been robbed of all my uioney in this trap." A ccused replied, "Have sense, and don't talk like that." .Brown was drunk at the time.. Brown could not have given the prisoner any money all the time I wbs with.him, unless he did it on the sly. — By prisoner : Witness did not go to the Wallabi, as- she had left the wharf. Brown did not tell witness that his swag was in prisoner's j box at Davidson's "wharf. , Witness" dicl/not' hear prisoner say that Brown had •• given him -bis money to take care, of *at the other side of the bridge. The constable came and asked accused if . he . had any money. Accused "said " Yea," and put his hand in his pocket and took some notes out. The "constable, asked- if they were prisoner's,,','and .he ,saidi' "No, they were Brown's," The policeman put accused in a.cellard searched him, and took some silver from him. Witness did not .see accused put his hand in Brown's pocket while in the trap. .■ Witness thought: ißrown was in a position to" distinguish between witness and accused. — William Brown, mariner, remembered accused coming into the Bed Lion 'on the 6th instant while he was th~ere"~ Witness believed he spent a, couple of shillings for drink. He had three^pqunds in notes and some silver in his pocket when at the hotel. He remembered seeing Detective Jeffery on that .. fWitness had a post office bank book in his pocket. The book and -money were both, in his right -hand, tibusers'. pocket. The book produced' was his. The book shows that witness had_ £9_Jo. .his .credit- at- -the' Bavirigs""TjankT He did not know whether accused was in the trap all the time, because he .was, tight himself. He' did not remember ever giving prisoner any money.to take care of for him', or the book.- ' Keco'lleoted having his hand in witness' right •hand pocket on the way to, the, station^ Prisoner came up as a passenger • in the Wallabi from ;the Grey — that was all witness knew about .him. Witness remembered being in the "• lock-up on^ttie morning. after arrest, accused being in, the adjoining cell. ■f Prisoner said something about money, witness could not now recollect '■' /exactly.; what .he" said. — By prisoner: «"W^tne?s remembered seeing prisoner at ; Bed Lion; and at .the bridge pre- ' viously. Did not remember accused I saying' anything at the bridge.. - Bememberedhaving a : drink with accused at the Bed Lion, but did not remember I .anything said, by accused at the time. I -, Did not ; , remember accused's saying, I . " The police are .after you'for breaking I - windows, &c, and if you have anything. I on you you want taking care of you had I better give it' to me to take care of for I % yoii." Did not remember giving I accused any .money. .Witness sang I out at the lock-up because accused 1 had his hands, in his (witness's) pocket. I He was quite sure that accused was the B man who had his hand in his (witness's) ■ pocket. — David Lister (constable) deI posed to arresting the last witness at the I Bed Lion Hotel on a charge of malicious ■ injury to. property. His evidence was I mainly corroborative of that of previous I witness. The amount found on prisoner I was three £1 notes, 30s in silver, and H B£d in coppers, and a post-office savings H bank book. —By prisoner : A ccused ■ could easily rob Brown while in the H trap. Brown called out that accused I had robbed him, and accused heard him H do so. Witness could swear that Brown H pointed to accused as .the man who had H robbed him. On reaching the station H Brown had recovered his senses a good HJrleal. Accused did not say a word about B Brown having given him his money to IHLiake care of until after witness had ■Searched him.— Adam Bissott, sergeant H of police, stationed at Wanganui, gave H evidence mainly corroborative of that of H Constable Lister. Hejsearched prisoner, Hi and among other things, found a postHj office savings bank book, No. 3334, in B the name of William Brown, on him. Before opening the book he asked acH /.iispd if the back book was his, and ■ accu«J isaid, « What bank book ? I H have no bauk book ; I don't know anyHBthin" about it.— By the prisoner: Ac- ■ cused suid nothing to witness about ■Bhavin" some silver and a bank book of ■JbtowS's on him before he searched him. ■■—This dosed the case for the prosecuHtion —Prisoner having beea cautioned ■fette usual way, said he had nothing ■Bo say .—His Worship considered ajpnma

faciecase had been made out, and prisoner was committed to take his trial at the next sittings of the Supreme Court. EOBBEBT. ' — William Higgens, alias Price, alias O'Brien, was charged, on theinforoiation of Detective Jeffery, with feloniously stealing and carrying away a silver lever watch with steel chain and' key attached, about £5 in money, and one felt hat, the property, of Samuel JN elson. Inspector James conducted the prosecution, and called, Samuel Nelson, carpenter, residing near the Wangaehu Biver, who remembered Saturday, the 3rd inst. He recolleoted going to a brothel kept by a Mrs Mills in Market Square, about 8 a.m. on the day in i question. He had on him a silver lever watch, with steel chain and key attched, and about £6 10s in money. He spent about 15s in the brothel. The chain was fastened with a piece of thread close to the watoh, the chain having been broken. The watch and chain was worth about £6 10s. He left the brothel after being there about an hour. He remembered seeing prisoner in the brothel. Witness left the house alone. He was not sober when he left the house. When he came to his senses it was Sunday morning, and he was over the bridge. He missed his money and his watch when he camo to his senses. He next saw his watch in the hands of Detective Jeffery, about Tuesday last. He never gave the money to anyone to keep for him. The watch produced was his. He knew the watch was his from the chain ; and he had had it a loug time. He found on Sunday morning that his own hat was missing, and that he had another, hat on. — Prisoner said he took the watch right enough, but did not know anything about the money. — Clara Mitchell, sworn, stated that she was a married woman, but not living with her husband. She had been in Wanganui only about a month. — Bemembered Saturday, the 3rd inst. Was in Mrs Millars house, on the Market Square, that evening. Saw last witness come into the house between 6 and 7 o'clock the same' evening. Saw prisoner come in between 7 and 8 o'clock. Nelson spent about £2 while in the house — in shouting and one thing and the nbther. He and prisoner left the house about half-past 7 to get a drink together. He was slightly intoxicated when he left with prisoner. Witness came back again in about ten minutes, having prisoner's hat on. He remained about five minutes, and then left. He waß not sufficiently sober to know what he was doing. — Henry William Crowe, barman at the Masonic Hotel, deposed that he saw prisoner at the hotel between 8 and 9 o'clock on the evening of the 3rd instant. He had drinks there, and left about a quarter to 11 o'clock. He offered a watch for sale for £2 ; it was a silver lever watch. He said he bought it in Wellington for £7. Witness asked him some few minutes afterwards where he got it, and he said, " Christchurch ; and the receipt was in his swag at Mr Chavannes." He wanted first to borrow £2 on it, and afterwards he would redeem it. A steel chain and key were attached to the watch. He could swear to' the chain produced, and he believed the watch produced was the one shown to him. Prisoner then handed the watch to a person named Bidley, who was standing at the bar at the time, Bidley. giving prisoner another watch and 10s in exchange. — Bidley, stockman, contractor, &c, living at Mr Beard's station, beyond Wangaehu, remembered being at the Masonic Hotel on' the 3rd instant. He saw prisoner there, standing at the bar. He offered witness a silver watch for £2. There was a steel guard attached, with a key in the centre of the chain. Prisoner said he bought the watch in Wellington, and paid £5 for it. His swag was at Chavanne'e, and he could fetch it in 10 minutes, and show the receipt for it. Witness told him he had a watch, but had not £2 on him. Prisoner asked, "Is your'n a good watch ?" Witness and prisoner exchanged watches, witness giving prisoner 10s besides. Witness gave the watch he got from prisoner to Detective Jeffery. The watch produced was the same. — George Jeffery, detective, stationed at Wanganui, remembered prisoner being in custody on the sth inst. on a charge of drunk enuess. He accused prisoner with stealing a watch and chain and some money from a person whose name he did not then know. He also charged him with disposing of the watch at the Masonic Hotel. He said he never sold; a watch at the hotel. Witness explained that it was the watch he had exchanged that he was charged with Stealing. He baid he never had a watch at. all. The watch produced witness obtained from witness Bidley on the sth inst. i It was identified by Nelson, the owner, on the 6th inst. Prisoner was wearing a black felt hat, which he claimed as his own. The hat had since been recognised by Nelson as his. — This was the evidence for the prosecution. — Prisoner, having been cautioned in the usual .way, said he had nothing to say. , — He! was then committed to take his trial at the next sittings of the Supreme 1 Court; ' This was all the business, and the court rose..