RESIDENT MAGISTRATE'S COURT

Daily Telegraph (Napier), Issue 3080, 11 May 1881, Page 2

RESIDENT MAGISTRATE'S COURT

Wednesday, May 11. (Before H. Eyre Kenny, Esq. R.M.) BIGAMY. Robert Gallagher was. brought up on remand charged with this offence. Inspector Scully asked for a further remand for eight days. Mr Lapcelles, who appeared for tbe accused, appealed to the bench against this de'ay. If this was eranted his client was in danger of suffering a gross injustice. A telegram from Auckland was read from the bench stating that one of the important witnesses was an aged woman, who would not travel without her husband, and as he was at some distance tbey could not reach Napier before the 14th instant.

Inspector Scully said he would admit at once that it was his intention to ask

for further remands bo that it would be" only necessary to bring the witnesses from Aucklaad once. The Supreme Court sat at the beginning of June, and if he could get the accused remanded until the end of May one journey would even if the prisoner was committed.

Mr Lascelles pointed that if this was done he would not be in a position to know, until close upon the sitting of the Supreme Court, what witnesses he would require for the defence, and tbey had to come from a distance, so that be would be compelled to ask the Supreme Court to remit the case to tbe District Court, and that would involve as much expense His Worship said that the system of criminal procedure in the colony was very defective, and it was to be hoped that the Judicature Commission now sitting would suggest tbe appointment of a public prosecutor to take up such cases as the present./ He would grant a remand until the lßtb, Tbe accused was again admitted to bail on the same recognizances. GETTING INTO A TRAIN WHl__ IN MOTION. H. McDonald was charged with this offence. -•*. After tbe prisoner's explanation His Worship said that a small fine would meet the case. Fined 2* and costs. LEAVING A VEHICLE UNATTENDED. Patrick Flannagao was charged with leaving his horse and 3_rt in Wagborne street unattended, and with the wbeela unchained. The accused admitted the offence, and was fined ss, with costs. LAKCENY. Robert Purvis and Thomas Smith were brought up on remand, on two charges of larceny of wearing apparel from the Masonic Hotel. Tbe prisoners pleaded guilty to both charees. and His Worship posponed sentencing tbem until another charge against them had been beard. HOUSE-BREAKING. The same prisoners were charged with breaking into the house of one John Monaghan, at Papakura. John Monagbpn, on his oath, said he was a laborer at Papakura. On the 3rd of May be left -his house at about 10 o'clock in the morning. He left three blankets and a number of other things in the house. It was a one-roomed house. He went to his work, and at about 3 o'clock he saw tbe prisoners coming from the direction of bis house. He called, to them. He asked if they wanted work, and they said they did if they could get a job. He said he had some potatoes to take out, and he would let tbem dip them. He said be would give them 6d per*bag. They refused, and he noticed that Purvis's hand was bleeding; it was wrapped in a cloth. The prisoners were carrying something on their backs. He worked until four o'clock, and then went home. He found the window down, and a pane of glass broken opposite the fastening. He went in and found there were three blankets misHinsr, and other things were disturbed. A carpet-bag had been opened, also » pocket-book. He found spots of blood on -nme clean sheets which were in his bag. He went to Farndon and informed the police. Constable Motley went with him to Broadbent's buildings, and there he saw prisoners sleeping in his blankets. Two ol the blankets produced he could swear to; tbe otber be thought was his. He had never given the blanketsito any person, nor sold tbem. In answer to the prisoner PurTif, witness said be thought tbey appeared to have been drinking. He had never seen them working about there. Constable Motley corroborated a por« tion of the last witness's evidence. After bearing the evidence the prisoners withdrew their plea of not guilty, and pleaded guilty, asking the magistrate to deal with the case, His Worship sentenced Purvis to six months imprisonment with bard labour for each of the 3 offences, and Smith to four month on each of the first and second charges, and six months on the last. The Court then adjourned.