MAGISTRATE'S COURT.

Dominion, Volume 2, Issue 482, 15 April 1909, Page 9

MAGISTRATE'S COURT.

• 4 (Bcforo Mr. W. G. Riddel!, S.M.) i! ALLEGED THEFT OF CHEQUES AND r _ i NOTES. o COMMITTED FOR TRIAL, o A young man named Frederick Armitage was charged with tho theft of five ono pound notes, and four cheques, of a total value of £•13 Gs. Id., from tho person of John Nelson. Chief Detective Broberg conducted the caso for tho prosecution, and Mr. O'Leary apII pen red for accused.. o John Nelson, bottlo merchant, Taranaki ; Place, stated that at about 5 p.m. on April ' 1 accuscd railed _ at his placo of business, ® and the two adjourned to the Royal Oak " Hotel for a drink, after which thoy returned o to witness's yard. Another visit was made to J tho Royal Oak Hotel, between 5.15 and 6 p.m. On this occasion witness took three a bottles of beer back to tho room whero he 0 lived. Witness and accused drank the beer, ) and, when it was finished, ho (witness) was j under tho influence of tho drink. Ho went y to bed bcforo 9 p.m., and, on getting up .in . tho morning,, missed a pocket-book, containing fivo £1 notes and four ckequcs, ono for 3 £15, ono for £16 17s. 2d., one for £5 175., j and another for £G Is. lid. Accused was f still present when witness went to bed, and , witness saw him thero at about 8.30 next j morning. Witness accuscd Armitage of taking tho pocket-book, and threatened pro- . ceedings if it was not returned, but a denial was tho only answer. The cheques for £5 17s. 1 and £6 Is. lid. (produced) wero two of the ' cheques referred to previously. 1 Thos. Trenberth, yardman, employed by . Mr. Nelson, remembered seeing accused on i tho occasions mentioned by tho previous [ witness, and heard Nelson accuse Armitage \ of stealing fivo £1 notes and some cheques. | Robt. Cook, solicitor, stated that accused . called on him on April 2on business. Accuscd j gavo witness the cheque for £5 17s. (produced) to pay cortain fees and fines, and said ho was employed by. Nelson, who had given him tho cheque. Witness cashed tho j chequo at a hotel which Nelson did business j with, and, retaining £1 12s. for services [ rendered, handed the balanco to accused. J Evidence was also given by Dotectives , Cassells and Connolly and John Morris, j general dealer. I Accuscd pleaded not guilty, and was comI mitted to tho Supreme Court for trial. Bail I was allowed in tho sum of £100 and ono ( surety of £100. J , . ONE OF THE HOMELESS. ! A young man named John Shannon pleaded [ guilty to having boen found by night .without 1 lawful excuse in a shed in Rolleston Street. : Sub-Inspector I'hair informed the Court f that accused was found sleeping in the shed ; at 1.45 yesterday morning. Complaints had 5 been mado about tho nuisance caused by ! vagrants sleeping in tho shed, and a constable ■ had been detailed to watch tho place, i Accused had 22 previous convictions for ■ drunkennoss against his name and one for 1 obscene language, ! His Worship said that he would giro r accused another chance by entering a convic- ' tion and an order to como up for sentenco when called on. PETTY THEFTS. Walter Williams, on romand, was charged ; with (1) Theft of two clothes-props; (2) theft of a newsagent's bag; (3) theft of a razor i strop; and (4) theft of an emery wheel. > Accused pleaded guilty to tho first charge ; and not guilty to tho' others. Williams, who preferred not to give ovidenco on oath, 3 stated that ho found the bag in tho street, 1 and got tho strop from tho debris after a t firo in Courtenay Place. The emery wheel he I found in some rubbish on tho Town Belt. His Worship stated that, as far as the nag i was concerned, he was not satisfied that Uio 3 ovidenco was sufficient to convict defondant. r He would be discharged on this information. 1 The samo conclusion applied to tho emery , wheel. Defendant must he convicted of stealt ing the strop and tho clothes-props, on each j of which charges ho would be lined 10s., In i default 7 days', imprisonment. 1 TWO CHARGES DISMISSED. 1 Wm. Thomas Marshment, who appeared I on remand, pleaded not guilty (1) to a charge j of indecency in, Milward Street, and (2) j to having committed theft of a pewter pot valued at 55., tho property of Julius A. Lutz, licensee of the Park Hotel. Defendant absolutely denied tho first charge, stating that ho was waiting for his wife when a constable camo up and arrested him. Evidence J was given by tho person who made tho com--5 plaint that defendant was not tho man who j. committed tho offence. s The pewter-pot .was found in defendant's . pocket when he was searched, and he ac- , counted for his possession of it by saying that he picked it up in the street, in the presence . of three witnesses. Defendant and tho threo r witnesses on oath stated that tho pot was > found in tho guttor outside the Park Hotel. His Worship, referring to tho first charge, t remarked -that, although the caso looked s somewhat suspicious, ho was not prepared r on the evidence to say that defendant was J tho responsiblo party. He would bo discharged, As to the second charge, it had been proved that tho pewter pot belonged to the hotel, alongsido which it was found, and the only question was whether defendant should have mado inquiries at the hotel. The Court was not prepared on the evidence to say defendant was guilty of theft, any more than tho threo witnesses were.' On this chargo also defendant would be discharged. Mr. O'Regan appeared for defondant. y •' —r— s CHARGE OF THEFT FROM THE e PERSON. . ' A middle-aged man named John Cooper ap- ' peared on a charge of theft of a gold tie pin c valued at £6 from tho person of Hans Scott. r j On the application of Sub-Inspector Phair a remand to Wednesday was granted. " ALLEGED CHILD DESERTION. , r _ Thomas Patrick Kelly was remanded to appear at Westporfc on April 19 on a charge of unlawfully deserting his child. Bail was ' allowed in the sum of £50 and one surety of d £50.OTHER CASES. ■e Two neatly-dressed women, Sarah Burns ie and Minnie Bisman, appeared on remand io charged with importuning, and both pleaded :g not guilty. After hearing the evidenco his it Worship considered it sufficient to convict it both accused, who would each be sentenced id to ono month's imprisonment. Mr. Meredith, re who appeared for Sarah Burns, asked that i 0 security for appeal should be fixed. Mr. tr Weston aptieared for tlie other accused., w Wm. M'lCay was convicted and fined £5, os with the alternative of 21 days' imprisonto ment, on a charge of indecency in Manners V. Street. e. Michael Byrnes, charged with insobriety, d- was convicted and fined 10s., and Patrick e, Sheehan, charged on remand with having v, been found in a stato of helpless drunkenii, ness at Featherston, was convicted and or(d dered to pay medical expenses incurred, 17s. at 6d. Two first offenders were each fined ss.