RESIDENT MAGISTRATE'S COURT.

Evening Star, Issue 3542, 30 June 1874, Page 2

RESIDENT MAGISTRATE'S COURT.

Tuesday, June 30. (Before J. Bathgate, Esq., R.M.)

Drunkenness. —George Nichols and James Hailes were dismissed with a caution.

Lakceny. —James Wilkins, bottle-gatherer, iyas oh irged with stealing two pigeons, value 20s, the property of Joseph Peart, shoemaker, tuart street. Mr Barton appeared for accused.—Prosecutor stated that he kept pigeons, and some time ago missed two of them. After about two months’ time, from something he heard witness went to accused and asked if he had any of bis pigeons. Accused said he had not; that witness might, ask his-suu. Afterwards witness got a searchwarrant, and found the pigeons in an enclosed place under accused’s house. Tlxe pigeons

now produced were the same. Cross-exam-ined : Witness could not see accused’s son when he called at his house.—Charles Bason, laborer, identified the birds as prosecutor’s property.—William H.dward Shury, detective, said he and prosecutor searched accused’s premises, and found the pigeons produced confined under the house. There was also a trap in the yard on a post, with a string attached; this was evidently for the purpose of capturing any pigeons that might settle there. Cross-examined : Accused did say the pigeons under the house belonged to bis

sou, but Mrs Wilkins acknowledged that two of them belonged to prosecutor, and that they were keeping them because He .had poisoned some of the pigeons.—Stub-Inspector Mallard here wished to put iu records showing that accused was a convicted thief, but it was decided that the Magistrate should only be informed of that fact just before passing

sentence —Mr Barton sal. the charge must be dismissed, as there was no evidence of accused having stolen the pigeons, and none of his receiving them.—His Worship said that a conviction could not follow in this case, as possession by the accused had not bden proved—his sen might have been keep* ing the pigeons, for he appeared to be the pigeon-fancier of the two. Again, the birds had been kept for about four months, therefore the usual motive of theft—desire to turn the stolen property into money—was 1 absent The prosecutor had not shown sufficient zeal in recovering his birds ; he should have Seen accused’s son, as directed, and demanded them. though there were strong circumstances of suspicion in the case they were not strong enough to convict of larceny. Accused . was discharged.— A charge against two boys named William Myall and Joseph Scott, of stealing pigeons from Mr Fenw ck, of the Supreme Court

Hall, was adjourned for a time, as the boys could not be found. REACH OF THE I ICENSING ORDINANCE.— James . vymiman as .charged with allowing disorderly conduct in his licensed house, the tCakorai Hotel. To enable certain wit-nc.-ses to be summoned, the case was adjourned to this day week. Furioos Biding. James Mnirhead, » 1 Walter Powell, and John Samuels were I. charged with committing this offence at ) Green Island on Tuesday last,*— M‘Sweo*