AKAROA RESIDENT MAGISTRATE'S COURT.

Akaroa Mail and Banks Peninsula Advertiser, Volume I, Issue 48, 2 January 1877, Page 2

AKAROA RESIDENT MAGISTRATE'S COURT.

Saturday, December, 19, 1876. (Before J. Aylmer, Esq., R.M.) a night among the tussocks.

Charles Young was charged on the information of William O'Connor, Avith stealing three one-pound notes from his person, on the morning of the 27th irist. Prisoner pleaded " Not guilty." Constable Lamb deposed, that about one o'clock on Friday afternoon, he arrested prisoner on the charge preferred against him. Prisoner said that he had only received £2 from his mate, one of Avhieh he changed on Tuesday evening, and the> other at the Head of the Bay on Wednesday morning. On searching prisoner he found lis. Id.

. — ' rf ~— - <■■- ■ - -■•. :i |. William O'Connor.dep'osed fhht he was forking at lie Boris, and while in Akaroa, on Tuesday night,, he met with prisoner at; I Bayley's Hotel. He (witness) purchased I ftine bottles of beer, and, in company with" isfoui:men~ : #ent along the road, and laydown in the-.tyi'wocks, .where; after demolishing" the contents 'of the hpttlfes," .they, went off peacefully .46 slpep/-He had three singloinotesj in his trousers nocket, but on awaking .from' his torpor, he discovered lns v pock|t turned inside out, minus the notes. .Prisoner, who was one of the four who had" joined him in his slumbers, .had also vanished.

William Hawkins, a mate of prosecutors, deposed that he ' was in Bayley's Hotel on Tuesday night, but did not remember noticing prisoner purchasing any beer.' Prisoner told him that he had no money. Five of them, who had been enjoying themselves together, retired 'to in'the tussocks, with a bottle of beer each. Prisoner was lying down with them, but he could not say the hour he art- 3 from his grassy couch. Witness and prosecutor were the remnant of the midnight revellers to quit the scene of their" debauchery. Upon awaking, prosecutor-asked him if he had taken■-car'^ffwi.r-money for him, and he answered in the negative.

\ Charles Rochie, a- mate of prisoner's, working at Robinson's Bay, gave evidence 'toHhe effect, that he had received a "cheque of £4*rrom Messrs. Saxon and and handed £2- of that amount' to/prisoner, keeping the balance himsselfy-'' -He- and prisonefrliad been working -^r, about three weeks together, : -btit lie ' could hofT say whether prisoner had any money or not before he joined him.

Robert Bayley- deposed that he knew prisoner, who had paid for all the meals and refreshments he obtained from him He (witness) cashed a cheque for prisoner. He also cashed a note on Tuesday evening, and about half-past seven o'clock on Wednesday morning,., prisoner tendered another note to Mrs" Bayley in payment of drinks, which was cashed. About half an-hour later prisoner asked change for another note, but being; short of silver, we declined to cash it.

Prisoner contended that he was 1 perfectly innocent of the charge, and that he'flfad met with a coloured man at German Bay, and that they both came on to Akaroa, when on arrival they entered Bayley's Hotel, and asked for change of the note. He averred that lie had only, tendered the onenote to Mrs. Bayley.

The Bench was of opinion that there was no case against, the prisoner, and that when five men lay down in a helpless condition, any passer by might just as well be accused of the theft .is prisoner. Moreover, it had not been proved that O'Connor had the three-note in his pocket when he laid down in company with the prisoner, and three other parsons. The case \vr uld be dismissed. The Court then adjourned.