RESIDENT MAGISTRATE'S COURT

Daily Telegraph (Napier), Issue 3047, 1 April 1881, Page 2

RESIDENT MAGISTRATE'S COURT

FRIDAY, APRIL 1.

(Before Captain Preece, R.M.)

DRUNKENNESS. Alexander Robinson, charged with this offence, was fined 5s and costs, or 48 hours imprisonment. USING OBSCENE LANGUAGE. The same prisoner was charged with this offence, and fined 20s and costs. STEALING A BOX. Aurini Te Whiti wae charged with stealing a box of books, the property of the Rev. Mr Sass, of Norsewood. Mr Dewes appeared for the defence. Rev. George Sass, sworn, said he expected a box of books from England. He had received the bill of lading. He had sent a youth named Berkham to Messrs Kinross and Co.'s for the box. The books were religious, in the Danish language. Berkham did not bring the box. He (witness) would not know the box if he saw it. It was of the value of £10.

Mary Ann Edwards, sworn, said she resided at Te Aute. She went from Napier by the evening train on the 25th instant. She saw a box in the next compartment. The box produced is like it in size and description. She saw the prisoner take it from under the seat of the carriage near Hapuka's pah. He dragged it on to the platform. Cross-examined by Mr Dewes: She was standing at the door of the carriage, and could see into the next compartment. There was no attempt at concealment. The box was taken openly. A young lad was enquiring for a box of that discription at the Te Aute station. She told him she saw a Maori take a box of that description. The prisoner took a number of other articles out of the carriage besides the box.

William Donahce remembered the 25tb. He went from Napier by train on the evening of that day. He saw the prisoner in the train. Saw him leave the carriage at Hapuka's pah. He had a box on his shoulder. That was the box produced. Prisoner was drunk at the time. He saw him on the following morning. Prisoner said he had taken a box from the train, and he was going to take it back again. He said he wae •porangi. He walked with him to the pah. When they arrived there he heard some one call him by name. It was the policeman. He accompanied the policeman to the wliare where the box was.

Cross-examined by Mr Dewes: The prisoner was staggering when he got out of the train. He left some dishes he bad on the roadside ; he forgot them. The prisoner had brought a dray a mile and a half to take the box back to the station. Everybody helped the policeman to get the box.

Constable Strudwick said he was a passenger by the evening train on the 25tb. When he arrived at Te Aute the loss of the box was reported to him. Went to Hapuka's pah next morning, accompanied by Berkham. Saw the prisoner going along with the dray, and asked him where the box was he took. He epoke in English. Prisoner said " Kahorc mohio," which he (witness) took to mean "I don't know anything about it." Witnees said that Donahoe saw him take the box. Prisoner said " wait a minute." He went to the uhare, and the box was behind the door. The box had not been opened. He asked prisoner why he took the box. He said he had too much driuk. The prisoner took the box back to the station. Mr Dewes cross-examined the witness as to the meaning he put upon "Kakore Moliio" "Witness said prisoner showed him the box at once. The horse and dray were ready. Mr Dewes then addressed the bench, and pointed out that the boy Berkham, io whose charge the box was, had not been examined, and that there was no evidence that the box had not been given into the Maori's charge. There was no evidence of felonious intent, and there were a number of gentlemen in Court ready to witness to the good character of prisoner. His Worship suid there was no evidence of felonious intent, and the prisoner would be discharged with a caution.