RESIDENT MAGISTRATE’S COURT.

Evening Star, Issue 3423, 10 February 1874, Page 2

RESIDENT MAGISTRATE’S COURT.

Tuesday, February 10. (Before A. C. Strode, Esq , R.M.) Drunkenness. —George Kenyon and Wm, Fidget were each fined os, with"the option of twenty-four hours’ imprisonment. Remanded Case. —James Dnncan, alias Whelan, was charged, on remand, with stealing a meerschaum pipe, the property of Thomas Potter.--Sub-Inspector Mallard intimated that although the town had been searched, they could not find the man Potter.—His Worship (to accused) : Did you make any arrangements with Potter so that he should not ajipiar here?— Accused replied that he had not seen him since purchasing the pipe.—The Sub-Inspector said they could not make any further application. His Worship told accused that it was fortunate for him that Potter did not appear, and sent him about Iris business, which he was obliged to do, though he had very strong reasons to think that he stole the pipe. An Unfortunate.— lsabella Lyle, whohad previously figured in this Court on voro.is charges, pleaded guilty to a charge of making use of abusive language in a right-of-way off Walker street.—Constable Conn proved the charge and produced a copy of the language alleged to have been used.— This was handed to Lyle, who tore it up.— His Worship : No wonder you were so ashamed of r,he language that 3ou tore the paper up. That [ consider is au indication of your penitence, at least I hope so.—Defendant said that she hoped his Worship would be lenient with her, as she was not very well.—His Worship thought she was well enough to make use of such language as that stated, and lined her 20s in default 48 hours’ imprisonment. Breach of the Slaughter-house Ordin-ance.--John Docherty was charged with haying in the early part of January unlawfully slaughtered a certain beast at Brighton. —Mr Stout defended.—His Worship considered the evidence insufficient, and dismissed the case.

1 heft.— -John Blair was charged on warrant with having on the sth January, then being in the employ of the public service stolen, the sum of L9918s Sd, theproperty of her Majesty tho Queen.— Mr Joyce defended, and Sub-Inspector Mallard conducted the prosecution.—The following evidence was given :—Mounted-constable Henderson deponed to having arrested the prisoner, by virtue of a warrant produced, at the house of a settler in the North-east Harbor. Witness cautioned him not to say anything that would criminate himself. He said he was sent there by some friends of his with a view' of getting him safely out of the country. Witness conveyed him to the lock-up, arriving there at about 4 p m. yesterdaj*.—SubInspector Mallard asKed for a remand till Ihursday, the prisoner only having been apprehended late last night.—Mr Joyce had no objection to that course, provided that prisoner was admitted to bail.—His Worship: John Blair, you are remanded on this charge i er examination till Thursday next. —Mr Joyce : What about the bail, your Worship?— His Worship: The question of bail i will consider.—The prisoner was then removed from the dock. Flower Stealing. —Mary Cooper was charged with stealing a quantity of fuschias, geraniums, carnations, and other plants, from the southern cemetery, on the sth February. —Mr Macassey prosecuted for Banger Bain, the informant.— Andrew Simpson, son of James Simpson, sexton of the English cemethe ac . cused and a Mrs Austin on the 5 th instant in the cemetery. A funeral service was being conducted in [the general cemetery. He saw her at Mr Jones’s grave. She opened the gate, and entering the enclosure, pulled up some flowers with the loots, and put them in her pocket. She next went into the general cemetery, and there pulled up some flowers by the roots from Mr Kettle’s grave, and also put them m her pocket. Witness tokl her he had been watching her, and would give her in charge. She replied that he could uou do so, as she got the flowers from a Mr Gardener. Before he spoke to her, he saw her take the flowers from her pocket and place them in her handkerchief, Accused “ chucked ” the flowers into a hedge, from which place witness took • e *lV. ).^ UIU^e produced, witness identifying the flowers as those which accused pulled Irom the graves, saying that they were now withered, whereas, when he got them, they were quite fresh,] —James Simpson, sexton of

the Church of England and general cemeteries, sdd that the fuschia produced was similar to one on Christian Bode’s grave. There were no other fuschias in the cemetery like it. Prior to Thursday last on the grave of Mr fettle there was a petunia similar to the one produced ; hut it was now gone. The plants could not be bought from a gardener for less than 10s —Kqbert Bain, Town Banger, called on Mrs Cooper at her house on the 6th instant, and she denied having been in the cemetery on the previous (lay. Ho afterwards called on her accompanied by Detective Phury and Andrew ■Simpson. She again denied having been in the cemetery, but afterwards said that they could not convict her of stealing the flowers on the evidence of a boy, referring to Simpson, ihia was the first tinae the fiowers had been mentioned. He again called on her accompanied by Shury, when she admitted bavin* been m the cemetery.— This was the case° -Accused called a Mrs Austin, who stated that she was with accused in the cemetery on the sbh inst. Mrs Cooper had some flowers in her pocket, which she got from Mr lids on, her landlord. She then left aeccused f. r about 5 minutes. —By Mr Macaasey : Not having watched accused’s movements, sne could not say what she did after leaving her —His Worship said that from the evidence adduced he could come to no other conclusion than that the charge had been fully proved, this offence was of frequent occurrence, and the feelings of the relatives and. friends of deceased persons had been greatly outraged. As had been pointed out i?n M , l!lccasse .V, the offence was extremely uilncult of detection, as the gates of the cemetery were daily thrown open to the public; but in this case the offence seemed to have been clearly proved. Prisoner’s conduct it was plain was the conduct of a guilty person, for she went to the cemetery and then took the flowers. She seemed to have been guilty o: most wanton and shameful mischief, as when taxed with taking the flowers she threw them into the hedge, and afterwards denied having been iu the ceraetery. Now, if another person is proved to be guilty of such a charge, he would inflict a very heavy punishment. The heaviest penalty which he could impose was L2O He would, however, impose such a tine as would make the prisoner remember it, viz., L 3 and costs. If she were again proved to be guilty of taking flowers from the cemetery, she would be lined L2O and costs. Selling Unstamped Bread. James Black was charged, on the information of George Lumb, Revenue Officer, with unlawfally selling bread not properly stamped and marked.—Mr Stott, who appeared for defendant, pointed out that they had not been served with the summons.--His Worship: ihen what brings you here ?-M r Stout said that a subpoena had been served on one of defendants men to appear in the case of Lumb v. Black, which defendant saw, and so as to save expense apperred.— Mr Branson for compknMt, called Mr Strode’s attentioii to the 112 th sec. of the Justice of the Peace Act which stated thae the summons should be served by a policeman, otherwise than the ‘ • complainant or informaut. ” The fait was therefore, not on the part of the informant Mr Stout agreed to proceed with the case but his Worship objected, saying that the course would be irregular, defendant not being properly served.—Mr Branson considered the case like a sausage machine the subpoena had gone in at one end and the summons come out at the other (laughter) His Worship said the case must fall, itbein* understood a fresh summons would issue. ° Obtaining Goods under False Preiences Alice Carroll, ten years of age, was charged with having, on the sch of February obtamad from one Reuben Hart, by means of false pretences, three sets of gold of the period earrings and brooches and other jewellery.—Prisoner pleaded guilty. i euben Hart said the prisoner went to his chop, saying that she had been sent there by herauut Mrs Murphy, of the Shamrock Hotel, for a pair of earrings and a urooch, which she wanted to wear in the bar. These ho gave her. Another girl was scut back with some of the things. When he went to town on Thursday he called at the Shamrock Hotel and was told Mrs Murphy had not been there for eleven months, and that she had gone.—Sergt. Hanlon proved the arrest of the prisoner. i>he and another girl had committed a series of offences—obtaining goods in a like way. They had gone to Mr Bode’s and got some perfumery, and the case was only kept out of Court by the girl’s mother paying the amount. They also went to the York Hotel, where they took a room, saying they had come from Oamaru and were on the look-out for a situation. The parents were both hardworking, industrious persons.— His Worship hardly knew what to do. 'I he girl was undoubtedly guilty of the offence. It was terrible ta see a girl so young and so depraved. She seemed to tell the flattest falsehoods and to have got into very bad company. He must perform his duty in ordering her to be sent to gaol, but ho would see that she did not herd with the older criminals, but would be taken care of by the matron during the forty-eight hours which she would spend in gaol. She might take it as an earnest that unless »he turned over a new leaf, she was only now going to see the inside of a place where she was likely to live. She had been guilty of the most shameful and dishonorable conduct. He trusted that her mother would give her some wholesome punishment. Mrs Carroll : I have left her as black with beating as these cushions.—His Worship pointed out that the only way was to correct her while she was young, and as far as her parents could to watch over her. The whole course of her life depended on her present training.—The mother explained that the girl was past her control, but promised to do her best to reform her.