Police Court.

Feilding Star, Volume XVI, Issue 301, 25 June 1895, Page 2

Police Court.

THIS DAY. (Before Messrs H. L. Sherwill and A. F. Halcombe, J.P.'s.) John Trainor was charged on the information of the police that he did, on or about June 23rd, steal five hens, one cock and one turkey, to gether of the value of 13s, from the premises of Mrs Martha Hastie. Constable Tuohy conducted the case for the police, and Mr Reade appeared for defendant. Wm Dixon, deposed : Was in the Feilding Hotel at 2 o'clock on Sunday morning ; heard footsteps in the yard ; later, on the same morning, picked up one fowl (dead) near the gate ; fowls were missed from the yard. Examined by Mr Reade : It was a dark night, and did not see anyone ; heard some person stumble over a tin, and make hasty steps towards the gate ; did not know anything about tli9 fowls and could not identify them. Edward Turner deposed : Was in tho employ of Mrs Hastie, who kept a large number of poultry ; could recognise the fowls by their tails and one wing being cut oil"; identified the turkey as belonging to Mrs Hastie ; did not recognise one of the fowls, but recognised the remainder ; one was found outside the gate (dead) on Sunday morning ; had no hesitation in saying they were Mrs Hastie's. Constable Tuohy deposed to the larceny of poultry and other things being reported to him on Sunday morning ; went to the house occupied by the accused soon after and asked him what time he had got home the previous night, and the reply was, " About 2 o'clock " ; searched his house and in one room found five hens and two other fowls, also a turkey ; asked accused how he came by them, and he replied he had stumbled over them when going home the previous night, and intended takiug them to him (witness) ; accused was in bedjwhen witness went to his place on Sunday morniug. By the Bench : The reason he searched accused's house was that his name with others was given as being about the Manchester Hotel yard after 11 o'clock the night before the theft was reported. Accused was charged on a second charge of stealing two fowls from the Manchester Hotel, the property of Miss J. Goggan. Miss Goggan identified a dead bantam, and, also, a bantam's head as having been that of a bird belonging to her ; valued them at £1 ; did not remember having seen accused on Saturday night. D. Younger identified the dead bantam as the property of Miss Goggan, and, also, the head of a bantam ; the last tune he saw the birds was at seven o'clock on Saturday night when they were in one of his loose boxes ; saw accused at the Manchester Hotel about eleyen o'clock on Saturday night. Constable Tuohy deposed to going up Kimbolton road about 7 o'clock on Sunday morning, when ho found the head of a bantam about forty yard's from accused's house ; found the bantam cock in accused's house. To Mr Reade : Accused did not say where he picked up the bag of fowls. Mr Reade said it was merely a matter of circumstantial evidence. The fact of the birds having been found on accused's premises was not conclusive of the theft. He would bring evidence to show that ac cused found the fowls on the footpath at about 12 30 on Saturday night while going home. For the defence lie called William Lowe who deposed: Knew accused : was in his company from about 10 o'clock on Saturday night and left him about 12.15 or 12,30 ; accused was carrying nothing while in witness' possession : accused, who was not sober, was not in a lit condition to go back to the Hotel to steal after he left witness to go home. Mrs Trainer, wife of accused, deposed : Her husband went out on Saturday evening about 6.30 and returned between 12 and 1 ; he brought in a sack with him, saying he picked it up on the footpath : he husband did not go out again after, as he was not in a fit state. To Constable Tuohy : Did not remember telliny him (Constable Tuohy) her husband came home at 2 o'clock. To the Bench : When her husband came in it was 12.40 by her clock, and he was intoxicated. The charges were amended to read that accused had the fowls " unlawfully " in his possession. Accused, John Trainor, on being sworn, deposed : Was iv company of W. Lowe and two others till about 12.30 on Saturday evening ; parted with them near the Temperance Boardinghouse and went home ; picked up the bag of fowls on the footpath and carried them home ; told Constable Tuohy he intended taking them to him when the latter went to witness' place on Sunday morning. The Bench were of opinion, although there was very strong presumptive evidence against accused, there was no direct evidence against him. There was a doubt in their minds, and they would give the prisoner the benefit of the doubt and acquit him.