RESIDENT MAGISTRATE'S COURT.

Evening Star, Issue 3401, 15 January 1874, Page 2

RESIDENT MAGISTRATE'S COURT.

Thursday, January 15. - (Before J. Black, Esq , and J. Brown, Esq., J.P.’s.) Drunkenness, John M'Corqrick ‘ and Wilqain Crowrie were each fined 5s ; Alex M‘ Donald had his bail forfeited. Vagrancy, Frances Drury, for this offence, was sentenced to three months’ imprisonment, T;?eft.— Thomas Barrett, a lad about sixteen years of age, was charged with stealing a whip, the property of William ■'tmith, carrier, on the;!sch inst-.—Mr Barton defended. —Prosecutpr identified the whip produced as bis property. ‘ He left it at M‘Donald’s forge, at the Water of Leith Peter Henderson was with the accused and . George Woods on Tuesday night. Accused | left them at the Leith, and joined them again ai few minutes afterwards. He would p?,5,9 McDonald's forge on the way. When near the Acclimatisation Society’s Grounds, he took the produced from under his coat. Witness told" him if belonged to prosecutor. He had kuown accused’s father for eleven years. He was a respectable man r— a wood-cutter—residing at Pine Hill— Detective Shury found prisoner ramming the whip produced into his cart, which was full of wood. Ho appeared to be trying to conceal it. He said that he had borrowed it to thrash a horse with —The gench would be as lenient as possible, owing to the good character borne by the father, and would sentence the lad to seven days’ imprisonment. They treated thar. he would never come before the UoflU’t again, and would take this as a caution. BuRGLAiry —John jFea*oa was charged witti having, about the hour pf tv/p a m on the 13th January, 1874. feloniously pud burglariously entered tho.*,dwelling-hoa> ( o of I one James Patterson, situate in High street,; —The prisoner had been before the Court on I uesday last on charges of being illegally on premises aud drunkenness; but after tho police had made inquiries they thought if advisable to prefer the more serious charge of burglary, and that was now proceeded with, the examination being conducted by BubInsppctor Mallard.—Mr Barton, who deleaded. Rpked that all witnesses might leave the Court, ,a,(j be had been instructed that the charge was.thgipf being illegally on the premises, and he had prepared his defence on that charg-*. The folic wing .evidence was given :—Anne Gillaaders : I ao? a domestic servant, in the employ of Mr James Patter son, Albert street. I slept in his house op I the night of the 12th instant, and re tired to rest about half-past ten. Before retiring I closed the windows aud doors by fastening them in the way I put the key of the hall-door on tbe outride, so as to let the family (Mr, Mrs, and Mips Patterson), who wexe out, get in. There w* #0

ooe else in the house but the little boy. On th ! dining room were two candlesticks, in which were two pieces of candle partia'ly burnt. Mr Patterson’s desk stood on tbe table hear the dining-room window. In the press in the dining-room there were several bottles of ale and spirits, T.he desk was locked. I heard the family come in; I do not know what the time was. The next thing I heard was hearing a in in m my bedroom. I cried out, Who’s toere?’ and the'.man replied, "“ Hold your tongue or I'll shoot you.” He then left and wait downstairs. I screamed and awoke the inmates of the house. He was met on the stairs by members of the family and secured. I could not recognise the man if I saw him again, as I had no light. I went for the assistance of some neighbors, and when I came back there was a, light I afterwards examined the premises, and found the kitchen door open, as also a window in the dining-room, and one in the kitchen. To the best of my belief I had fastened.them all before I went to bed : the kitchen window. I am certain was fastened, because it was never one'nCd. From something I heard, I examined the place on Wednesday morning, and found one of the pieces of candle gone. , The candles were not used on the 13th. The' piece of missing candle has not since been found. I found some burnt matches ~ on the morning of-the 13th on the floor of the diuing-room, and also on the floor of the drawing-room. I also observed ink marks on. the carpet of the dining-room floor on the same morning. I examined the desk, and found a piece of a knife in it. (Portion of knife produced, and identified as having been in the desk hear the lock). The desk was a little broken near the lock, which seemed to have bead done with a knife. The desk now produced belongs to Mr Patterson, and is the one 1 refer to. There was a window open in the dining, room. That room was hot hSed 1 the niiibt before,—By Mr Barton : She had never seen burnt matches on the floor Mr Patterson, did hot alloW smoking —By Sub-Inspector Mallard' : She had beeti in Mr Pattersons employ for’Three'years," James Paterson : I remember the night of the 12th inst. I returned to my home, accompanied by Mrs Patterson ,and my daughter, at about half p ist eleven; I entered by the front door, closing the door, which has a spring-lock, after me. We shortly after went to. bed, sleeping in my bed rhoin on the ground floor. The door of the b'ed-tdom immediately faces The foot of * tbe stairs. My servant, dime Gallanders, slhepsT upstaiff After we had been in bed for some time'we were awoke by the noise of screaming upstairs. My wife and I immediately jumped out of bed and ran into, the lobby. When we got there, and as my wife was in the act of going upstairs, a man. enme ruh'ning downstairs and fell into her arms, the two.falling on the floor. ~ i.l then caught hold of him and held him on the floor, and he struggled and got on his feet. He continued to straggle. I ,succeeded in Throwing him down, both Mrs Patterson and myself holding him till assistance arrived. As he came downstairs, and while I was- struggling with him, I felt a bottle., Tfw.as similar.in shape to .the one now produced. There was no light at tbistime. A light Was subsequently obtained, and.assistance,arrived, Mr Fordyce and others coming, in.. The man was given over to Mr Fordyce. I cannot identify him, neither can Mrs Patterson. He was taken out by the front .gate into Albert street. After the man wag gone I examined the premises, and. found the ki chen door standing wide open, the kitch n window open, and the blind rolled up. There was ink scattered about on the floor and on the table,, aud my ide'sk, which was lying on the table, had been attempted to have been forced open. The piece of blade of a knife. :now produced I Took out of the leek aud handed to the police. 1 had to extract it with a pair of pinchers. The desk now produced is the one to which I refer. I found three bottles—one of riun, one of brandy, undone of cider—at the foot of the stairs near where the struggle took place. I have rum, brandy, and cider in the press in one of my rooms. Before going out on the night of the 12th I noticed; the two pieces of candle and the two candlesticks standing on the mantel-shelf in the dining-room, and*,-he hext morning one piece was missing. ‘ Th’re were also several burnt matches lying about thfe floor. At the gate in Albert street, out of which the prisoner was taken, 1 found a pocket knife on the morning of the 14th. The one now produce! is the same The large blade is broken. The small piece of blade, to. which I previously .referred exactly corresponds with the piece'broken off the knife. I do not know the prisoner in the doci. The' man with whom I was struggling on the night in question said he had come there thinking liis "sister lived there. He also said," if I would, only let him go be would pray for me all his lifetime. . He appeared to have been drinking, hut I did not consider him drunk. Thomas Fordyce, salesman W Messrs" Neill and Co, ; I board at the floiise of Mr John Patterson, at the head of High'street. T at his house on .the night of the 12th. [ was called during the morning of the 13th at about, half past one to go to the house of Mr James Patterson, Albert street. VVhen I arrived I found Mr ’James Patterson and Mi? Patterson hclding a man down on the fl. dr in the hall. , At this time there was a light burning. I recognise the prisoner as the man held down by Mr and Mrs Patterson I assisted to,, secure him, and with others conveyed him out through The front gate leading into Albert Street, and subsequently handed him ovor to a police setgeaut. Ho appeared to me to be perfectly sober;— Sergeant O’Neill received the piece of blade produced, which he subsequently handed over to Sergeant Dean, from Mr James Patterson on the 13th inst. He saw Mr Patterson extract it from the desk.— Sergeant James Dean: About a little after two o’clock on the morning of the 13th inst,, I was called from duty near the University to go tp the house of Mr James Patterson, in Albert street, I proceeded up High street, and, when near, Grant street I met Mr John Patterson, and with him proceeded along to near Maitland street. I then met the prisoner who was in charge of M r Fordyce " and others., Hearing the nature pf the charge I took the prisoner into custody. I was under the impression he was. drunk, but from his subsequent, actions I found be was sober. I conveyed him to the station and searched him Amongst other Things I found on him were a piece of, candle and some matches. I fquud no knife on him. ■ He said he had a knife, apd *sjfed me if X had got it. He said it was'a knife with $ white handle and some brpken blades. The knife now produced has three broken blades, but isnot white-handled. I received the knife frpm Mr Jaiaes Patterson, and the piece pf blade front Sergeant O’Neill, I obtained the piece of caudle pro-' duced from the candlestick in Mr Patterson’s house. In substance it is similar to the piece I found on prisoner when searched, but longer than that piece.—The prisoner was cautioned in the usual manner, and reserved his defence.—He was then fully committed for trial.—Mr Barton addressed the Bench, asking that the prisoner might |?e admitted to bail. He had been in this place : for six years, was a carrier; $ married man, and nothing was known against He had not ■ even been drunk before this qpfqrtuuate occasion He did not think the authorities should sist in refusing to admit the man lb bail.: Besides this, it would be full three months before tbe ne»t sessions. —Sub -Inspector :

Mallard said that what Mr Barton had said, was quite true. The police had made inquiries, and found that hitherto the character of the prisoner had been nnqnestio able. Ho would leave the question of bail in the hands of the Bench.—Prisoner was admitted ,to bail, himself in LIOO and twosuretieg ofcLfiip. each. ' ’ The Cabmen and the —lnspector Nimon has m a-i ea regular -raid on the cabmen, and to-day .charged np.lbks than twenty-eight of •theri / .|Bis; fcho Resident Magistrate’s Court with driving round' the corners of Frederick and George or Frederick and King streets on the 2nd instant at other than a walking pace. The “cabbies” had been driving passengers to the Caledonian Society’s games, and had either shown a total disregard of the law, or had been, trying, to do the distance in as short a time as possible.—Mr Barton appeared for the whole of the cabmen, and pleaded guilty, but urged that either the law should- be altered or the. cabmen would ha veto,, agitate for its repeal. A. four-horse coach might trot round a corner as frequently as the driver liked, and nothing would be said ; but immediately a cabman did so ho was charged with an infraction of the bye-law. "What they wished to-have dona was that • all should be treated alike. Besides, if a.cabman was, obliged to pull up a horse and walk him round the corner, and a coach was allowed to. go round, sharp pace, a collision would almost inevitably take place.—Mr,Black (one of jthe presiding Justices) pointed out that greater caution should have been enforced on this day, as the streets were crowded with people, and the danger was much more considerable than at any other time. Mr Barton replied that no accident of anynature hadresulted. —inspector Nimon said that the Mayor had instructed him , not :;to 3: proceed -against, .the .coach proprietors, and he was simply acting under instructions. M.ri Baxtop seemed to cast imputations on his conduct.—This Mr Barton stoutly denied, saying. he was there on behilf of the cabmen, to see justice done to them.; The law, meant “.anyone and everyone” should be required to go round the corner of a street at a; wajk? ing pace, and; that n©’distinction shpuld/be made. He would-, ask the Bench .to express ao opinion on the matter.—Mr Black said that whil.e .he and his brothet/Juatjoe odbtiCpied .the' Bench they haddetermined \o treat all ’ alike, ' whether "; stagO-cOUch drivers, borough coach drivers, ’ or cabmen, Mr Nimon had., carried out\ the instructions given to him. They were inclined to deal leniently with the esch of whom would be fined in the nominal amount of Is and costs. of the defendants, objected to this, said that Mr Barton was not authorised toappear for him, and pleaded “not guilty.”—lnspector Nimon then stated the cSse. He said he had placed, himself at 'the .corner, of. Frederick s reel/ and WatcHei the” cabmen ; go’ round. He did not take atiy notice of the first time they infringed 1 the laWj but if’"they repeated the infractions, then he took a note of their names. Defend ant-had several times pulled up his horse, but at others he did'hot do so -Boss’said if he was tojbe .fined 6s. fid it was, an extortion.—Mr Black hardly thought it graceful tp call any deeUioa of-the Bench an extortion.—il oss wanted to ,kapw; how it was to be expected that , ; any , respect able man was to ‘ follow the occupajiioa. .of cabman if he were to he made the‘scapegoat of the public? /If ! any special time were singled put/ he would call witnesses to show he tried to "pull up .‘'his horsek. Niiiom ; said ' that"'the time tie .could give was betwefeh the hours of two and four. —Defendant said he had fifty Or sixty passengers in his coach; during that time. His Excellency’s carriage went round at a gallop. —He was fined in the. same amount as the other defendants.