MAGISTERIAL.

Gisborne Times, Volume XXV, Issue 2176, 4 September 1907, Page 1

MAGISTERIAL.

TUESDAY, SEPTEMBER 3. Before Mr. Barton, S.M. Alleged Theft.—Tomati Ropata Kemnra was charged with the theft of three pieces of greenstone, the property of Charles Bradshaw. Mr. 'J'. Alston Coleman appeared for the accused, who pleaded “Not Gpilty.” —Charles Bradshaw, a dealer in greenstone, deposed that on August 29tli, at the Albion Hotel, accused obtained three pieces of greenstone from liim, on the plea 'that he would very likely he able to sell them to 'some friends at the place where he was boarding. Accused promised that- if no sale was affected by him, lie would 'return the articles -next morning. He failed to do so, and for two or three days made various excuses. On Monday witness demanded the return of the greenstone, but accused said he could not get the articles as a woman up the coast had them. Finally lie said he would pay •the value for them, but on feeling in his pocket announced that he had no money. Witness identified the greenstone produced in Court as his property.—Sergt. Williams deposed that accused made the same statement at the lock-up, remarking that if he was allowed to go he would find the money. He said that Peni Makarine, who lived at Wliangara, had the greenstone. Witness took a. man named Leach, of Wliangara, to seo accused at the gaol, and Leach denied that there was anyone of that name

living there. By. Mr. Coleman: Accused gave witness tlio impression that ho was trying to effect a sale. —Constable Irwin gave corroborative evidence.—Alex. McKay, law clerk, deposed that accused had been living at his house during the last' four months. On Monday afternoon witness ascertained that there was some greenstone in accused’s possession, accused having handed it to witness’s niece to inspect. Witness handed the greenstone over to the police.— Mr. Coleman submitted that there was no evidence of theft. There was no fraudulent action, accused, simply acting as Bradshaw’s agent in trying to effect a. sale.—The Magistrate remarked that accused’s conduct was very unsatisfactory, but there was not sufficient evidence to support a conviction for theft. Accused was therefore discharged. Domestic Troubles.—Patrick O’Sullivan was charged with deserting his wife, Hannah O’Sullivan, she being a destitute person.—Mr. Finn intimated that- the charge was laid under the Destitute Persons Act.— His" Worship recommended a retirement to come to some understanding privately, and his advice was taken. The parties did not re-appear. Work, a Corrective.—A middleaged man named Thomas Devalley denied the charge of being a rogue and a vagabond.—Sergt. Williams deposed that that morning about 7.45 lie saw accused at the police station. Devalley said that he was in a very had way, and asked witness for a couple of shillings. Witness told him to go away, but the request was repeated. Ujion his return a few minutes later he saw accused leave Detective Maddern’s house, and lie thereupon arrested him.-—-Accused in a rambling statement, promised that lie would leave the town if given a chance.—Thei;e was no record against the man. The Magistrate said lie would not deny accused the chance of getting employment in the country, and after warning him against staying about town idle, ordered his discharge.