MAGISTRATE'S COURT

Dominion, Volume 9, Issue 2877, 15 September 1916, Page 7

MAGISTRATE'S COURT

CHARGES OP THEFT

"DO YOU WANT 10 BUY A DIAMOND?" Mr. D. G. A. Cooper heard the police cases ill tho Magistrate's Court .yesterday; Edward Foreman appeared 'to answer seven charges of breaking and entering and theft, as follows :— (1) Oil March 28, theft from tho dwelling of Roy Edgar, No. ,66 Oriental Bay, jewellery valued at £96; (2) on or about tho month of Mav did steal 62 diamonds and 3 sapphires of tho value of £50, the property of some person or persons unknown; (3) on July 4, at Hataitai, breaking and entering the dwelling of Lydia Poarson Gibson and stealing jewellery valued at £75 55., and ss. in money;-(4) on the'same date, at Kilbirnie, breaking and entering the dwelling of Georgina Edwards and. stealing jewellory valuo £7; (5) on July 7, at Wellington, breaking and ontering tho dwelling of Sydnoy Johnston, Upland Road, and stealing jewellery valued at £97; (6) on July 15, at Kilbirnie, breaking and entering tho dwelling .of Essie Helen Holmwood and stealing jewellery valued at £70; (7) on same date, at Kilbirnie, breaking and entering tho dwelling of Charles Walter Cooper, and stealing jewellery valued at £27 15s. Tho whole of the cases were takoa together. Mr. P. W. Jackson appeared fof tho accused, and Inspector Hendre? conducted the prosecution. Ernest Albert Howard, residing at Hataitai, who wont to school with accused in tho Old Country, detailed a number of transactions in jewellery, ill which witness was a kind of gobetween, between accused and a jeweller named Cotterell, who was a frieudrof the witness. Tho first transaction took place in May last. Accused approached witness one'morning and said: "Ernie, do you.want to buy a diamond?" to which witness replied: "I am not particular." Accused showed witness a diamond, for which ho wanted £5. After some discussion the parties arranged to meet the next day, when witness brought with liim his friend Cotteroll, a, jeweller. The latter valued the diamond at £3 10s., and witness offered £3, and a deal was made. The diamond was eventually set in a ring mado for witness. Accused on this occasion produced some packecs of unset diamonds, and asked Cotterell what they'were worth. Some days later accused and witness again met<| wlien the former.produced a ring and' iiskod witness to show it to Cotterell, also some stones, and see if Cotterell would buy them. Witness asked accused where he got tho jewellery from, and he said it belonged to a friend whoso husband had gone to, the front, and had been shot, and that , the girl need' ed the moiiey.- A deal.was mado with Cotteroll with this lot. Witness gavo particulars of various other transactions that ho helped to bring about on behalf of accused. He made no gain and received no commission. •James Cotterell, manufoturing jewel-, ler, of 32-Majoribaaks Street, corroborated the ovidence given by tho previous witness.

A numbor of witnesses were called to prove loss of jewellery, and to identify sucli- noods as were not damaged. Tho ease was then adjourned for a vtseek. ,

ALLEGED TKTCFT FROM THE PERSON. William Murphy and John Dalton wore charged.with the.theft of £8 ss. in money, oeo razor, valued at lis., a silver chain, and two medals, . valued at 75., and a bottlo of wliiskjv valued at 6s/, from tho person of John Couwaj, and at the 6ame timo did iiso,personal violence, thereby committing robbery. . Inspector Hendrey prosecuted, and the accused were not represented by counsel . The evidenco of Conway, who is a member of the crew of the s.s.. Maitai, was taken, and according to his k'tory ho met the two accused in tho To Aro Hotel on Monday evening. They had several drinks, and all three left tho hotel together. They went alous Dixon Street, each of tho accused holding one of":his., arms',;- .'They -led him into Quin Street. When in this street the accused'went through his "wckot-s. Ho struggled with their., but was .struck and knocked down, receiving two black eyes. They took tho goods mentioned in tho charge, and his money,.in fact, took everything in his . packets, • and made away. Ho made a search for the men that evening, and next evening reported his loss -to the-police.- ; . '.After hearing this evidenco, the ciiso was' remanded for a week.

' OTHER CASES. Patrick Sheridan, was charged that on July 5, at Maraekakaho, ho did steal one pair of leggings, valued at 205., the property of Georgo Ti\it, and /was remanded to appear at Hastings oil September 19. For insobriety, Mary . Smith and Harry Peterson wero_ each fined lss., in default 48 hours' imprisonment. > CIVIL CASES. Mr. W. G. Riddoll, S.M., dealt with the civil cases. •Judgment by default, was given for plaintiffs in tho following undefended cases:—H. Price and Co. v. A. E. Hardcastle, £40 10s. s costs 15s.j Lcea and Co. v. Thomas Park, £9 10s.. Id., costs 28s. Gd.; James A. Doherty v. A. 11. Lees, £3 ISs. 6d., costs 10a.; Frost and Frost v. Mrs. Rosa Moseley (and in rcspeot of her separate estate), £1 14s. 6d., costs os.; Wellington Loan Co., Ltd., v. Captain A. C. C. Stevens, £7 10s. lid., costs 235. 6d.; L. Smith and Sons, Ltd., v. 17. Wasbbourne, £10 fis, 6d., costs 155.; Vacuum Oil Co. v. 11. Wakarua, 6d,, costs 17s. JUDGMENT SUMMONSES. Judgment .summons cases were dealt with as under: —Lawrpnce Gordon Grace was ordered to pay John Edward Fitzgerald tho sum of £101 14s. oil or before September 28, or servo one month's . imprisonment. W. G. Rutherford was ordered to pay Mary I. Powell the sum of £22 19s. on or before September 28, or serve three days' imprisonment. ■ DEFENDED CASES. • In the case of Charles Russell against tho Eastbourne Borough Council, a claim for 13s. (3d., judgment was given for plaintiff, with costs 275. David M'Crao claimed £36 10s. from A. H. Davenoy and anotlior, trading as tho Wanganui Auctioneering Company. Judgment was given against Davcney for tho amount claimcd, and costs £2 14s. Tho Wellington Master Plumbors Industrial Union secured judgment against Thomas Thomson for £2 Us. 3d., a. claim for dues. Van Si'taverem Bros, wore nonsuited in their action ngainsL Les Woollev, a chim for £5 2s. Gd.