LAW REPORTS.

Dominion, Volume 6, Issue 1644, 10 January 1913, Page 9

LAW REPORTS.

. - 1 LOWER COURT. (Before Mr. W, G. Riddell, S.M.) ' CASE OF WILLIAM 6PINDLER. ' DID HE RECEIVE? At ths Magistrate's Court yesterday William Spindlcr was 'charged that, on or about December 11, 1912, he received from Thomas Ridoiit about 201b. of tobacco, valued at t£6> belonging to Andrew Begg, well-knowing that tho same had been dishonestly obtained. Mr. Cook appealed for the defendant. John Orr, manager for Andrew Begg (grocer, in Taranaki Street), deposed that at about 10.35 on the night of Saturday, November 30, he loft tho shop. It was then locked securely. Next day h® found that the shop had been broken into. Roughly speaking, 201b. of tobacco, one tin of biscuits, and a black, gunmetal watch were missing. . Thomas Ridout, a labourer, gave evidence to the effect that on Saturday night, November 30, when passing Begg s shop at 11.45 he met James O'Neill and William Krausch. Krausch Baid: I have some stuff here. Will you, look after it for me ?" The 6tuff was plug tobacco. 'Witness had agreed to look after it, and Krausch had taken it to witness's residence, and put it on the doorstep. ' Next day he had told Krausch to take the tobacco away, and Krausch said that ho would send a man Spindlcr for it. 1 It was because ha had found out on tho Sunday that Begg's shop had been broken into that he had decided to have nothing to do with the tobacoo. Elizabeth Sinclair, housekeeper for Ridout, stated that Spindler had called for the' tobaccp on Tuesday, and took-'it away. When he was going away with the parcel he remarked that he was running a great risk. , •» His Worship here remarked that it would bo impossible to deal with - the case immediately, as the men frotn whom Spindler was said to have received it had pleaded not guilty to the accusation that they had stolen it, and their caso had yet to be decided by the Supreme Court. Mr. Cook said that the point was that there was no evidenoe to prove that Spindler was guilty, and there was no reason why the ca9e should be hung up. Evidence was then proceeded with. Detective Hammond,, of Auckland, said in evidence that, at Auckland on December 18, he had interviewed Spindler, who was at the time in company with Krausch. Spindler admitted that he had paid Ivrausch's fare from Wellington to Auckland/and intended paying his faro from Auckland to Sydney. Spindler had intended leaving for Sydney that day, and his baggage was on tho steamer. Witness arrested accused next day. Spindlor. had over .£25 in his possession, but said that h© could aocount for his coming by tho whole of it. ■ ' .. ~ . Mr; Cook-submitted that no evidence had been given which would oonvict Spindler.- ' His Worship: I am not prepared to, dispose'of the case at the present time. -Defendant must be remanded till, the case against ' O'Neill and Krausch respecting the theft of the tobacco:is decided. It is clear from the evidence that defendant was associated with .them, and -no is said to have made a remark which is at least suspioious., In these circumstances I don t think it would bo, proper for the Court either to find him guilty or to discharge him. He will be remanded till the hearing of tho charges agaiust the two pnnlipindler was remanded tall January 17. Bail (-£3O) was allowed, STRANGE AFFAIH. ' V ; -''BOUSE-BRIIAKING ALIENED. George Watej-s was' acciuse)i', l of ;havlng 1 broken and entered the house of William , Joseph Davis, ,&nd ?tolsn ,a pair of pant?,a coat, i a pair. of bootsi a hat,' and a rolled-gold watch, of tho total va.UQ of , iO. ,' ■; ■ ■v"'.'.'-."-;'-' . . William Joscp"h Davis, a labourer, whoso residence is No. 3 Hutchison Road, Newtown, game'evidence to the effect that on the morning of December 16 ho had, left the house securely looked, but on returning later had discovered that, the clothing mentioned in the charge had ; been token. A blind had boon pulled down, a window-pane taken outj and there had been left at the house a pair of hoots, [ a pair of stockings, and two pairs, of trousers, none of which were his. Later l in the day he had seen his missing clothing and his wife's watch: at tho Welling- . ,ton South Police Stallion. | Thotnas Valentine, a boy of 15_ years, who lives in the house next to Davis s, J stated that he had seen' the accused ga to j Davis's, house, and that ho had informed W. J. Taylor, of Wellington ; South, doposed that when he arrived at Davirs house accused and some ot ' Davis's neighbours were m Davids yard. The boy Thomas Valentine, who had brought'tho police, said: "That is the " man. Ho has Mr. Davis's clothes on.. 'l In accused's pocket were leather pads 1 similar to those used for obviating the f leaving of finger-prints and for protecting the fingers. Concealed under his shirt find tied round his neck, accustd had a ' bunoh of door keys. The strange clothing ' found in DaVis's house had been shown to I Waters next day, and he had claimed them ! as his, but had given no explanation as to how they came to bo in Davis s house. Waters pleaded not guilty, and was comJ mittod to tho Supreme Court for trial. 5.— — ■ r . CATTLE CARRYING. > TECHNICAL POINT QUASHED.' Referenoo was made by his Worship to 1 the caso in which Alexander James J Cooper, a stock 1 agent, of Maaterton, is [ charged with having convoyed cattle in 1 such a manner as to cause them unneces--3 iarv suffering. . . ■ When the case for the prosecution, (the f Bcciety for the Prevention of Cruelty to ! Animals). was heard on December 20, Mr. , A. Blair (defendant's counsel) objected, , 011 the ground of irrelevancy, to the eviI dence which was called regaraing tlie oon-; dition of tho cattle before they were entrained. Mr. Blair said that the charge ' was one of "oonveying," and the prior ' condition of the cattle was therefore outside the question. His Worship reserved f tho point. ' J His Worship said yesterday that the , oondition of the animals must necessarily be taken into consideration before one j coiild say whether the particular mode of , conveying would cause unnecessary 6ufferl ing. Ho doubted if the section would ! otherwise have any meaning. He added , that he thought that a prima facie oase „ had been maao out, and that he was not , prepared to dismiss the information on J' the technical ground raised by Mr. Blair, „ whose objection wo v. Id not bo entertained. I The caso' is to bo piviceeded with on l'eb--0 ruary G. ■■ ■ - ' . , ir