RESIDENT MAGISTRATES COURT

Evening Star, Volume III, Issue 833, 6 January 1866, Page 2

RESIDENT MAGISTRATES COURT

THIS HAY. "(Before A. C. Strode, Esq.,P.M.) DRUNKENNESS. An inebriate, named Stephen Armstrong, wal mulcted in the usual penalty. LARCENY. Gustavus Benson Lancaster (on remand) was charged with stealing a saddle in Novembel last, at Waitahuna, the property of Messrs Hoyt and Company. Thomas Kitchenham sworn—l know th« prisoner, and purchased a saddle from him at Waitahuna for Bs, which he told me belonged to Messrs Hoyt and Co., and that he had to pay the amount to Mr Langley when settling with him. Cross-examined by Mr "Wilson—He owed me some money ; but wished that the money I had to give him should not be taken off his account as he had to give it to Mr Langley. Thomas Pope, coachdriver in Messrs Hoyt and Co.’s employ, sworn—l know the prisoner. In November last I received a saddle from Messrs Hoyt and Co., and gave it to him, but never authorised him to sell it. George Wey Langley, sworn—On the 27th December I settled with the prisoner in Dunedin. When doing so I showed him the book produced, in which was stated the amount of wages due to him, and asked him if it was correct, to which he said “ It must be,” but did not mention anything about the saddle. “On the 2nd of January, during a conversation with him with reference to some horse feed he had lent to some residents at AVaitahuna, 1 asked him if he recollected selling a saddle. He informed me of the circumstance, and also to whom he sold it, and the price he got. He had no authority to dispose of it. Mr Dempsey, who watched the case for Messrs Hoyt and Co., applied for a remand, so as to procure the saddle from W^aitahuna. Mr Wilson opposed the application, and his Worship refused the remand. Mr Wilson submitted that no case of larceny had been proved. The Magistrate said that r>ne of the most important elements of larceny was the felonious intent. Prom the evidence of Kitchenam he considered that no such intent had existed on the prisoner’s part, and on that ground he discharged the prisoner. STEALING PROM THE PERSON. Barbara Weldon Was charged On suspicion with having stolen on the 17th of December last one gold watch and chain "With locket and key attached, 2 gold rings, one gold nugget, and documents valued altogether at £lO, from the person of one Fred. Parker. The prisoner pleaded not guilty. Elizabeth Hall, sworn —I keep a little store off Stafford-street. I know the prisoner, and oh Sunday the 17th ult. saw her in company with a drunken man at my house, but I was not present when they came in. I noticed that she had in her hand a glove containing—--3 rings, a nugget, watch and chain, 2 earings, certain documents which appeared to be deeds, and two letters. She told me “she had got them from the gentleman.” I took them from her, and, seeing that the man was drunk, said, “I’ll keep them for you till to-morrow.” He replied, “If you please. ” She was in the act of leaving the house when I came in. They left together, leaving the articles in my possession. I saw her the next morning, When she asked me to give her the nugget, as she wanted to buy a house ; and if I gave it I could stick to the remainder, but I refused. She then went away, and returned about 10 o’clock in company with a man named Collins (brought in and identified by the witness), and said, pointing to him, “That is the gentleman I took the jewellery from last night.” Collins then said, “If you don’t give them up, I will send for Mr Farrell.” I said there was no occasion for that, and handed over all the jewellery to him. He looked it over, and said that it was all right. Afterwards when the prisoner called him by the name of Collins, I remarked, that, the things could not belong to him, as I had a letter which was signed, “Parker,” and showed him the letter, which he snatched out of my hands, and said, *‘ He had two or three names.” They then went away. (While the evidence was being given, the prisoner, whenever anything was said 'concerning the property, would pace up and down the dock, and in stentorian tones totally deny participation in the crime. As the evidence could not proceed, in consequence, it was found necessary to use a gag over her mouth.) The Commissioner of Police asked for a remand until Tuesday, which was granted. Jno. Collins, charged with receiving the above property, knowing it to be stolen, was also remanded till Tuesday next.,