MAGISTRATE'S COURT

Dominion, Volume 12, Issue 245, 10 July 1919, Page 3

MAGISTRATE'S COURT

THEFT OF MOTOR-CYCLE CHARGE OF BREAKING AND ENTERING The proceedings at tho Magistrate's Court yesterday were devoted mainly to the hearing ot indictable offences. Mr. F. V. Frazer, S.AI., wa's on tho bench. Theft of a motor-cycle, valued at =EGO, the properly of the Uovemment, was the nature of the charge preferred against Leonard Russell Lewis and Richard Henry Smith. Senior-Sergeant Willis conducted the prosecution, and Mr. H. F. O'Leary appeared for tho accused Smith. Lewis was not represented by counsel.

According to the evidence Lewis called at the Thornton Railway Station on July 2, and obtained possession of the machine. The bicycle had been consigned from J'nlmerciton North to the Postal officials in Wellington, and Lewis had obtained possession by registering a false signature in the goods record book. Arthur Mcrton Griggs, taxi-proprietor, staled that Lewis had offered to sell him a motor-cycle which was stored in the A.U.C. garage. Lswis said that he had purchased the machine in Christchurch for .175, but it had broken down repeatedly. Merton made an offer of JJ2O,_ and' Lewis acccpted this. A deposit of .£3 was paid, and witness received a receipt signed "G. 13. Fvascr." As tho machine was being tnken out from the garage Lewis removed the number-plate. Witness observed that it bore the identification mark "G.P.0." Questioned as to this, accused Lewis said' that he .had purchased the machine from a friend who had worked in the Post Office. Witness' became suspicious, and straightaway notified the Post Office authorities, and at the same time informed Lewis that ho had not the balance of the money. Witness saw Lewis and Smith together on the following day, and the latter asked hiin where the bicycle was, saying that the machine was his, and Lewis had no right to sell it. Smith handed witness his .£3 deposit, and requested the return of tlio bicycle. The police then arrived on tho scene, and took the matter lip.

Daniel Arthur Robinson, barman, Caledonian Hotel, said that on July 3 he sawSmith and Lewis in the hotol. The accused Lewis said that he had a motorcycle for sale, for which he wanted X2O. Lewis said that he had sold it to another man for X1!0, and received iZ deposit, and if witness would pay him (accused) ,£3 he would refund it to the other man, and give witness the machine. The reason for this was that the other man could not pay the remainder. Witness paid tho i! 3. Smith was standin? near, and heard the transaction, and witness Rave him the JS3. and asked him to go down and see the cycle. Smith tlieu left with Lewis. As his renson for selling the machine Lewis said that he had 110 knowledge of motor-cycles, and he wanted to get back to Shannon the next dity. .

This concluded the evidence for the pVosecution, and when charged Lewis pleaded guilty.

Hifi Worship said that as far!as he could dccide, Smith had acted quite innocently, and there was no evidence to connect liim with actual theft of the evele, and there was no evidence to connect him with tho original attempt to dispose of the machine. Smith was entitled to bo discharged, as there-was no evidence ou which he could be sent up for trial. Lewis had all through exonerated Smith. •' Lewis was committed to the Supreme Court for sentence. ALLEGED HOUSE-BREAKING. Charges deeming them to ho rogues and vagabonds within the meaning of the J'olico Offences Act were preferred against two youths named William Fenton and Bort Aiding, aged 19 and 20 years respectively. Both defendants were aocused of being found by night on .Tune 28 without lawful excuse in the (inclosed premises of Mrs. Frank Jacobsen. 157 Riddiford Street. ' They were further charged with breaking and entering the shop of Rita Ward, at No. 161 Ridtliford Street, with intent to commit ii crime. , Senior-Sergeant Willis prosecuted, and Mr. P. W. Jackson represented the accused .Fenton. On the application of the senior-ser-geant the chargo of vagrancy was withdrawn and the other chargo substituted. Police Constable Joss, doing duty in Riddiford Street on the night in question. said that when passing the .premises of Mrs. Ward he heard tho crash of glass, and listened for a few. minutes. Witness then went to the rear of the shop, climbed over a sft. wall, and caught the accused Fenton, who was endeavouring to hide near the back fence. Aiding was near the back door, and both accused had their boots off. Asked what thev were doing in the yard, .both accused said that they had gone there to sleep for the night. Witness then arrested them on a charge of vagrancy. Later on witness, together with Sergeant Cruickshauk, searched the premises, and found the top panel of the back door broken. Both accused, who pleaded not guilty, were committed to the Supreme Court for trial. -Bail was allowed in each case in the sum of <£50 and one. surety of .£SO. They 1 were also directed to report to tho police twice a week. • THEFT FROM DWELLINGS. Four charges of theft from dwellings of property belonging to Henry John Dreyfield. Ernest Turner, William Ward Wilson. and Daniel Murphy were preferred against Thaddeiis Edward Doody. The thefts took place between Juno 10 and 11. and tho total value of the articles stolen amounted to' .£42 3s. 6d., The articles comprised Gladstone bags and their contents, a pair of boots, and two rugs. The accused pleaded guilty, and was commited to the Supreme Court for sentence. V i •. _ * ALLEGED FALSI? DECLARATION. On the information of A. H. Mackay, Registrar of the Native Land Court, John Roderick M'Donald, farmer, of Leviu, was charged with signing a false declaration made in IMS under the Maori Land Administration Act, 1900. It was alleged that the declaration was made for the purpose of acquiring certain leases of Native lands. Mr. W. G. Riddel!, S.M., was on the bench, Mr. P. S. K. Macassey prosecuted, and Mr. M. Myers represented the defendant. Formal evidence only was taken yesterday. and the ense was adjourned till Friday next at 2.15 p.m. OTHER POLICE CASES. On a charge of using obscene languago William Mooro was convicted and fined Jtl. and on a charge of drunkenness was convicted and discharged. Threo first offenders for drunkenness were fined 10s. each.