MAGISTERIAL.

Ashburton Guardian, Volume XIV, Issue 2905, 22 February 1893, Page 3

MAGISTERIAL.

ASHBURTON- WEDNE6D 4X

(Before Major Steward and Mr W. G. Bees, Justices of the Peace.) . Larceny.- James Cummings, who had been convicted of drunkenness the previous day, was now charged with the theft of £1 from John O'Connor, at the Tinwald HoteJ. He pleaded not guilty John O'Connor said that Cummings andi another man were at the hotel on Monday evening, and he shouted for them. They slept at the whare^ in connection with the - hotel, but not in the tame apartment with him. Next day after dinner he went into their whare to look for his pipe. He asked Cummings if he had seen the pipe, but he said '"no," and dioped his hand into witness's trousers pocket, and pulled out the £1 note and some silver. Two shillings fell on the floor, and a twoshilling piece remained in the pocket. Prisoner kept the £1, and when asked for it said he had nothing belonging to witness. Had counted Ihe money in his pocket about half an hour before the theft, and had 30s, out of which he pnid for shouts and his breikfast—3a for shouts and Is for breakfast. Also paid ' lor a telegram, and there might have been another Is spent in drink. Was spending his money freely. By prisoner—H*>d £517s when he came up from Grigg's on ■ Saturday. Did not change a note on Tuesday, but prisoner shouted for him once, and witness for prisoner twice. Denied having said to accused that he had only a few shillings.—Constable Watt said he arrested prisoner on Wednesday. O'Connor jnaade a similar statement to witness in accused's presence. Searched Accused, but found no money on him.— Sergeant Miller said the accused was before the Court on Monday and was dismissed with a caution, but had to pay 2« cab hire. He was noc able to pay the 2a until he had gone do'wo town and got it. —Prisoner gave evidence on his own behalf to the effect that on Monday he cashed a cheque for £1 15 i, drawn by Richard Harrison at the jbank of New South Wales. The cheque was made payable to himself, and wan for harvest work done. Had another cheque which he cashed on Saturday. Got one of the two cheques on Friday and the other on Saturday morning. The latter was from Fred. Richards for £1 3s 4d -all of which he spent but 7s 3J, which he had when be was locked up on Saturday. The cheque for £115s was also in his pocket. Did not produce the money to pay his fine on Monday, because he did not wish to get the officers into trouble for loose searching. Produced a purse with £1 4s in it, the £1 being a Colonial Bank note. —O'Connor, recalled, said he cashed a cheque at Hardley Bros wher« he bought a suit of clothes. Got a note and silver in change kt Hakatere got a cheque for £10 or £11, «nd cashed it at Felton's, Mount Somers, who gave him notes and silver and a cheque for £4 of Felton's. Speut abouf. lla at Felton's, including what he owed him. Had about £5 when he left Felton's besides Felton's cheque. Also got a cheque from O?Shea lit the Forks. ~F. Watson, teller Bank Bew South Wales, produced the cheque drawn by BieWcl Harrison and cashed by Cumimngs. Could not swear that the note given to accused was a note of tha Bank of New South Wales. Had a Colonial Bank note that day, and some one got ir. It might have been the one produced. —Harry Gregorgon waa at Tinwald on Tuesday and saw accused and O'Conr nor at the hotel whare*. O'Connor came in and asked for his pipe. Cumraings said that O'Connor had his pipe on him, and O'Connor said he could search him and see. Cummings put his hand into O'Connor's pocket to search and two silver coins fell on the floor. Saw no note in prisoner's hand. O'Connor went our, but came back and said to Cummings that he had a£l note of bis. This Curomings denied. Mitchell and wiineSs decided to watch accused to see if he bad the money or npt, but saw nothing bo indicate that Cummings had the money. Was locked up the same night as Cummings and was aware that he had the 7s 3d on his person in the morning, as Cummings showed it to him in the lock up.—The Bench found that the ease had not been proved. Prosecutor was uncertain as to the notes, he had, but the accused had accounted for the lawful possession of the money he produced. —Eugene Fo*d and William Lawry or Leroy were brought up on remand, and dismissed, the police being satisfied that a mistake hid been made, and these were not the men who'had stolen the suit of clothes from Fulton. PBI7SKEN* TBS3.—Cummings was also accused of haying been drunk, and being a second conviction within so short a time he was sent to gaol for seven days, with j the option of a fine of £3. O'Connor was treated as a first offender and dismissed. Vagrancy.- James Doody was charged with vagrancy, but the evidence was not considered strong-enough to convict, and accused was discharged.