AKAROA RESIDENT MAGISTRATE'S COURT.

Akaroa Mail and Banks Peninsula Advertiser, Volume VI, Issue 605, 2 May 1882, Page 2

AKAROA RESIDENT MAGISTRATE'S COURT.

Friday, April 28,

Before Justin Aylmer, Esq., R.M,

LARCENY,

Thomas Whelch and Alexander Graham were charged, on remand, with this offence. Mr Nalder appeared for Whelch. Alfred Farrell, sworn, said : 1 am a baker, in the employ of Campbell Brown, of Akaroa. I remember last Tuesday night. I was at Chamberlain's Hotel, in company with the accused and Charles Alger, the tailor, and others. I left the hotel at closing time. Whilst I was there I played four games of cards and had three drinks. I took a fourth home in my pocket in a bottle. A few minutes before closing*; time I felt queer, and I wanted to bit down. Whelch then began scuffling with me, and we tumbled out of tho door together. Tho accused and Alger then went with mo to tho bakehouse. They asked me to play cards, and I refused. I set my -sponge arid they came into the bakehouse, and. we bad several games of

cards. Mr Brown then came in and Rf n them away. I had some money on tne* that night—about £14. I showed it to accused three times at least. I took it out to pay 2s for drinks. My money was in my trousers pocket. I did not lose any of tbat. My watch that I lost was in a deep breast pocket of my coat. I took my coat off when I set the sponge. We were in the dark for a short time, for when I saw Mr Brown coming I blew out the light. When I blew out the light, the accused Graham was nearest to the coat. I saw tho watch last at 10.30 p.m., for I then looked to see what time it was. It was when I went to bed that I trussed the watch. I was going to wind it up, and found it had disappeared. There was only the broken glass in my pocket. When Whelch aud I wore struggling at Chamberlain's, he held me down, and would not let me get up. By Mr Nalder : I had only three glasses of grog. The game of cards we were playing was euchre. I know I fell, and Whelch came on top of me. I had £14 in my pocket, and showed it to accused. I lost no money. By Graham : When I came out of the bar I wanted to sit down, and did not lay down. You were standing up when I blew tbe light out. You were looking over Whelch's hand, and Alger was looking over mine. I did not pull out my money and challenge Whelch to play for a pound a game. I did not ask you in, but I asked Alger in. C. Alger, sworn, said: lam a tailor, living in Akaroa. I was in company with Alfred Farrell and the accused on Tuesday night, at West Chamberlain's Hotel. A game at cards was played, and Farrell pulled .out a roll of,Vnotes to pay Mrs Chamberlain 2s for some drinks. Besides the notes there was some gold—half a sovereign, I think. When it was closing time Whelch began skylarking with Farrell. They rolled over on the ground together. We all went outside, and afterwards Whelch and Graham led Farrell down to tho bakehouse. He opened the window of the bakehouse with a knife, and got in. He abked tbe accused to come in, and they went. I would not go in, but stopped outside, looking through the window. I afterwards went in. Farrell set the sponge, and then be and accused played cards. Campbell Brown came in, and went away again. When Farrell heard Campbell Brown coming in he blew out the light, but lighted it again in a few seaonds. It was hardly out before being relighted. After Brown went away the first time, a game at euchre was begun between Farrell and Whelch for ss. It was not finished, for Brown came in again and ordered everybody out. Whelch had hold of Farrell when ho fell at Chamberlain's ; they fell together. When Farrell was down Whelch was on top, and kept him down. I only looked on it as a lark. I believe I followed Farrell home to see tbat be did not lose his money. By Mr Nalder: I did not hear Chamberlain ask Whelch to take Farrell home. The candle was only out a few moments. By police : Whelch was oil top of Farrell some time, and tried to keep him down. I was alongside of Mr Chamberlain, and tried to take tho bottle of beer, which was sticking out of his pocket, so as to save it. There had been no previous altercation. I thought it a lark. All in the bar saw Farrell's money. I think it was Mr S. Lee, of the Head of the Bay, who, when be pulled it out, remarked that be seemed pretty flush of cash.

This was all the evidence. Mr Nalder submitted there was no case. The Bench agreed with him, and discharged the accused. CATTLE TRESPASS. James Hammond was fined 5s Jrtid coats for this offence. JUDGMENT. Kissel v. W. Kearney. Tbe Bench gave judgment in this case for defendant. It appeared tbat defendant was passing through tho Insolvency Court, and his effects were in the hands of the trustee for the general benefit of the creditors. To give judgment for any of these creditors would therefore be making him a preferential creditor to the detriment of all the others. If the crediton* were not satisfied with the present trustee they could appoint another. The Court then clos-ed.