MAGISTERIAL.

Gisborne Times, Volume XXVI, Issue 2082, 7 January 1908, Page 4

MAGISTERIAL.

MONDAY, JANUARY (5. (Before Messrs J. AY. Bright ami A'. Pyko, J’s. IV) Drunkenness.—Two first- offenders for drunkenness wore convicted tanil lined os, with costs in each ease 2s, in default 21 hours’ imprisonment. Alleged Procurin'; Liquor.—Joseph decides, oil roniaml) appeared to aniswer a charge of procuring liquor during the currency of a prohibition order against- him. Accused was further remanded until January 10th. Alleged Theft from the Person.— - Thus. Clias. Webster, on -remand, charged with the above offence, was discharged, as owing to the absence of the informant the police offered no e\ deuce. Mr 'l'. A. Coleman appeared for the accused. Alleged Theft. —Hare Matenga on three charges of alleged tlit- 1 1 was again remanded until the 10th iie't. Alleged Breaking and Entering. — George Judge, on remand, was ch arged with having on November 28th 1007 entered the house of Thus. -McCarthy with intent to commit a crime.' Air Harold Bright appeared for accused -and Detective Maddern conducted the prosecution. —Thomas McCarthy, tailor, stated that he saw the accused on the night of November 28 between the- hours of 10.30 and 10. to p.tu. Accused was then running out of the gate of witness’s house in Bright street. AYitness chased accused and caught him and s.tid "Is that you, Judge t" to which accused made no reply, hut later threatened to "do for” witness if he came closer to him. AA'itness asked accused to wait while he returned to the house and put on his boots, but- when ho came out accused had gone iway. Witness then informed the police of tlie -occurrence. —Minna McC'rea, ladies’ nurse, also gave evidence that she resided with the previous witness and that she saw the accused on the date in question (Nov. 2S) in her bedroom. Witness described at length how sho took a light into her room at 10.-10 p.m. and left it there while -she went out to tho kitchen to got some hot water. AVlien she returned accused was in the room and the window was open, but she could not say if accused had entered by the window or not. Accused said to witness, "Come outside, 1 want to see you for a moment” and witness told him to go out. Just then McCarthy rapped :it tlio door and said, "Open the door; who is there.” Prior to this accused had shut and locked the door. AA’hon McCarthy knocked accused blew out tlio light and jumped through the window and McCarthy chased him. Witness further stated that accused was not there on her invitation and had no right in her room except he wanted to borrow from her. She had previously lent money to aeco ed and had always been repaid. When accused asked her to come outside she thought she heard him mention something' about money. To Mr Bright : Accused was only in her room a few seconds before McCarthy knocked at the door. She was fully dressed hut made no attempt to give any alarm at finding a strange man in her room. Before accused went up the Coast witness admitted that she had been intimate with him and on occasions had gone out walking with him. AVitness denied having seen accused oil the afternoon of the 28th November and did not call him back when be was passing her house. AYhen she found accused ill her roomshethought he was there to borrow money. Accused bad a right to be in her bedroom if such was his purpose. Reexamined: Prior to the 28th November three months had elapsed without her seeingaccused. To the .Bench : Accused hid never lodged in the house and had never been in h>r room before. AYhen she came into her room with the hot water accused was standing in the room but was not interfering wth anything and appeared to be waiting to sp-w.k to lier.—Afr. Bright for tlie defence contended that a priina facie case hud not been made out. No evidence bad been given to show ’hat accused intended to commit- any crime. No doubt accused left hastily bun counsel submitted that this was purely outof consideration for the feelings of the lady.—The Bench was of opinion that sufficient evidence had not been given to justify the sending of the case to a higher Court, and accused was accordingly discharged.