ILLEGALLY ON PREMISES.

Gisborne Times, Volume XVIII, Issue 1450, 10 May 1905, Page 2

ILLEGALLY ON PREMISES.

A TOLAGO CASE.

At the Magistrate’s Court yesterday John Delaney and Charles Simpbon alias Ernest Evans alias Johnston alias Carl Hopefoun. were charged with, on April 24th, being found by night without lawful exouee on tho premises of ’ George H. Williams, of Tolago Bay, storekeeper. Sergeant, McKenzie . appeared for the prosecution, and Mr Bright for accused. George Henry Williams stated that about 7.30 on April 24th he left the place locked up. Visiting the store a little before midnight, he fonnd a window had been opened. The safe was shifted-about three or four feet. About 4s, 6d in silver had been removed from the till. A gun had been removed from a baok room to the front door. Witness found everything else was aB it had been left.

Edward Boland stated that he had seen the acoused on tho night in question in the enclosure at the store.

Evidence was also given by Arthur Hicks, a lad, an elderly Maori woman named Mere Whaki, G. P. Hurrey, and Constable MoLood.

Mr Bright did not call evidenoe, but briefly addressed the Court, quoting the case of Ferguson v. Fretwell, 6, New Zea- ! land Law Beports. In summing up, His Worship said he was satisfied with the evidence before him that accused were found illegally upon the premises. The onus was upon them to prove their right there. This they had failed to do. It was obvionß they were there for no good purpose. The premises had been broken into that night, and one at least of the acoused ,knew something about it. There was enough evidenoe to warrant a oonviotion.

In reply to His Worship as to whether anything had 1 been previously known against accused, Sergeant MoKenzie stated 1 that aooused Simpson had been before the Court for stowing away from Auokland. Simpson also admitted that he had served [ three months for larceny, twelve months for horse-stealing and for theft, and esoaping from custody had served sentenoes of three, three, eighteen, and eighteen months respectively, and two months for escaping from custody. Nothing previously was known against Delaney. His Worship reserved sentenoe until this I morning,