MAGISTERIAL.

Gisborne Times, Volume XXV, Issue 2211, 15 October 1907, Page 2

MAGISTERIAL.

AIONDAY OCTOBER 14

(Be.fo.ro Air. AY. A. Barton, S.'M.)

Drunkenness.—William Fox was charged, with being found drunk, and convicted ami lined 10s, costs 2s, ill default 48 hours’ imprisonment. Tlios, Shoan was convicted of a similar offence, and was lined £l, costs £1 3s, in default 48 hours’ imprisonment.

Resisting the Police.—Thos. Shean was further charged with resisting Constable Scott whilst in tho execution of his duty, and was convicted, and fined £l, costs 2s, in default 48 hours’ imprisonment. Procuring Liquor.—Thos. Shoan was also charged with procuring liquor during the currency of a prohibition order, and was convicted, and fined the sum of £3, costs 2s, in default 14 clays’ imprisonment, the sentence to ho cumulative with tho formor ones.

Alleged Theft.—Tho charge of stealing a pound note from the little girl Alice Shoan was brought up for rehearing.—Air. AV. L. Rees appeared for tho accused, and Sorgt. AViUiams conducted tho prosecution.—Alice Shean deposed that on Tuesday Ist October, slio was sent to O’Aleara’s to buy some tobacco. Her mother gave lior a pound note. She was going along Customs street, and saw tho accused sitting oil AVilliams and Kettle’s door-step. She was running, and passed close to tho accused. AVhen passing him she dropped tho note, and turned round to pick it tip, and saw the accused stoop and pick it up. Sho asked him for the pound and he swore at her. He then walked away ; and Mr. Schofield cam© along. Sho asked him to get the pound from accused, and ho replied that it was best to inform tho police. She wont and informed tho police. On the way to tho Police Station she met Airs. AVado, and told her in the hearing of accused that he had taken the note. By Mr, Rees: The note slipped out of lior closed hand when she was running. Sho turned immediately to recover it, but saw the accused pick it up, and put it in his pocket.—Thomas Schofield stated that on tho Ist inst. lie saw the ar eused and the witness Shean in Custom House street, near AA’illiams and Kettle’s. The little girl Shean pointed to accused and said lie had taken a pound note and would not give it to her. She was crying at tlie time. As the girl went away accused came to him and they walked up the street together. Accused said: “I was sit ting on the step and a little girl came along and said she had lost a pound note. I got up to see if I could find it, but could not. The little wretch says I took it.” By Air. Rees: Saw accused go into O’Aleara’s store and come out again with a small packet. Saw him arrested by tlie police. AViitness thought that tlie accused might have kept the pound note, and walked with him t see. Accused could not Have taken a note out of his trousers jiocket. By Sergeant AViUiams: He returned the money which ho had received as witness to the accused.—Sergeant \ liams dejaosed that when arrested tin accused said that ratlier than have any bother ho would give a pound. Witness said, “AA’hat. the pound you took from tho little girl?” and accused said “No.”—Dr. Scott deposed that he knew the accused, and had attended him quite recently on account of a fracture to his right shoulder. Accused had also an injury to liis ribs, and was in a very delicate state of health. Accused could not stoop with any degree of activity on account of his injuries.— Alartin Casey deposed that ho knew the accused, who had been living with witness for over two months. It would be impossible for accused to stoop down to pick anything up. AVitness has to assist him to dress in the morning. He could not move quickly, and could only use his left hand. —Thos. Baird deposed that he was sitting on the steps of AA’iliiams and Kettle’s store in Custom House street on the Ist of October. A little girl ran along and said that she had lost a pound note. AA’itness got up and helped her to look for it, but could not find it. Air. Schofield came along, and advised the girl to inform the police, and did so. AVitness then went to O’Aleara’s to purchase some clothes pegs. He was arrested afterwards by the constable. He saw no pound note at all. Ho did not put his hand into liis trousers pocket from the time he left O’Aleara’s store until he was arrested. He could not stoop down to pick anything froil the floor. —Constable Irwin gave rebutting evidence to the effect that with Constable Tait be arrested accused on the Ist inst. He was searched by Constable Tait. Accused took bis boots off and then stood up. AA’itness told accused to go into the cell, arid ho asked if lie could take his boots, and upon being told he could, be turned round, and, stooping, picked up liis boots.—Constable Tait gave similar evidence. —At tho request c: Air. Rees tlie Court then adjourned for a few minutes, in order to visit tho scene of the alleged theft.—Upon returning Air. Rees addressed tlie Court, commenting on the unsupported evidence of the girl Alice Shean, which he considered was not sufficient to convict a man who had hitherto borne a good character.—After tlio luncheon adjournment His AA’orship delivered judgment, stating that in his mind a doubt existed of which the accused was entitled to the benefit, and he was accordingly discharged. Alleged Unlawfully Rescuing Horses from Ranger.—AVilliam Henry Jones, ranger in the employ of the Ormond Road Board sued Robert Henry Shanks for unlawfully rescuing 4 draught horses while he was in the act of impounding them.—Air. Stock appeared for informant, and Air. Bright for the defendant.—After hearing tho evidence His AA’orship found for the informant, inflicting a fine of £l, with costs £3 7s. Breach of Borough By-law.—George Smith, builder, was charged with placing an obstruction on the footpath without placing the requisite number of lights thereon. —Air. Stock appeared for defendant, who was convicted, and fined ss, costs 7s.