MAGISTRATE'S COURT

Dominion, Volume 12, Issue 125, 20 February 1919, Page 7

MAGISTRATE'S COURT

A CHARGE.OF THEFT.

A short sitting'of the- Magistrates Court was hold yesterday morning, Mr. W. G. Riddell,.S.M.,' being 011 .the bench. Albert William. Murray wajS charged that about the.month of July, 1917, he did commit' the theft of a kit of carpenter's tools, value .£3, the property of Charles Butler Nixon; Inspector Marsack prosecuted, and Mr. John Scott appeared for the accused. The complainant, Charles Butler Nixon, stated that lie' was a carpenter by trode, and that he went away with the Expeditionary Force ill June, 1916. Prior to leaving New Zealand he. lived .. at Brooklyn.' AVlie'n;he 'left,, his kit. of carpenter's tools was planed..in the care of his wife, aiid on his return in October, 1918, he discovered tliht his wife was living in Tarnnalci Street. Ho missed, his kit of tools, which he valued at about ■£3. He knew the accused by sight, as he saw him in bis wife's house in Taranaki Street. , After bis return his wife left him, ami tho day before his iviffl' left the accused left. The accused, was introduced to him in the name of Marris, and 110 was supposed to.be renting the.front room iu bis wife's house. Cross-examined, witness said he left his wife' Authority to deal with certain' landed property, but not to deal with his chattels. The authority to • sell was drawn up by himself. Ho complained to iiis wife about the kit of tools, being missing, and later lie complained to th« police. J,f the tools were sold by hi? wife to Murray he would say that sho had 110 authority to sell them. Ho had instituted divorce proceedings against his wife. ■

James William Batten, licensed pawnbroker, deposed to the kit of tools being pawned with him 011 November (J, 1917, and being redeemed by a lad named Fcnu.y 011 August 10, 1918. Edward Fenby, cabinetmaker, said ho worked in his father's factory. He knew tho accused, who came to tho factory 0110 day last year, lie had with liini a pawn ticket for a kit of tools, which witness bought for 2s. Witness redeemed the tools from Batten.' 'Accused came to tho shop later, looked at the tools, and said he' wanted more money for them; lie said lie wanted .10s. On that occasion he said the kit of tools be'iqnged to luni, and that 110 had been working at the People's Palace. Witness offered to givo back the tooU to tho accused lor tho amount they had cost him.

Georgo Arthur Nixon, sun of tho complainant, said that accused.toot the kit of tools left' behind by. liis father, and about six .months ago ho heard his mothsr ask the licensed to bring them back. Accused said he had pawned the tools, and sold the ticket to Fenby.. lie was given 13s. by tho accused to get the tools back, but he was unable to get them.

Constable 1!. ~T. Black said the nccuscd iras arrested on warrant, and the warrant was executed by the Masterton police. ■ Murray went under his right name at Masterton, but his initials were incorrect.

This closed the case for tho prosecu-' tion.

The accused pleaded not guilty, reserved his defence, and was committed to the Supreme Court for trial. Bail was allowed ill ,1'jl) and one surety of X'so.