MAGISTRATES' COURTS.

Globe, Volume IX, Issue 1355, 18 June 1878, Page 2

MAGISTRATES' COURTS.

CHRISTCHTJRCH. Tuesday, June 18. [Before G. L. Mellish, Esq., R.M.] Foreign Offenders Act.—Rowan Lockhead was brought up on a warrant, under section 6 of the Foreign Offenders Act, 1863. The charge against him was embezzling the moneys of the Wodonga Benefit Building Society, between October, 1876, and February, 1877, when he was secretary to the society. Inspector Hickson handed to the Bench a copy of the Yictorian "Police Gazette," containing description of prisoner and the offence with which he was charged. Detective Benjamin deposed I arrested prisoner at 5.30 yesterday evening, by virtue of a warrant, at Vizor's boarding house, in Madras street south. I read the warrant to him. He made no reply to it. He said, "I suppose I must go with you now." Some time afterwards he said he had been twenty years in Wodonga, and that he had heard nothing of this embezzlement before he left there. He said he had never denied his name, and that Mrs Lockhead's maiden name was Miss Carruthers. At the lock-up when asked by the keeper to spell his name he spelt it Rowan Lockhead. I told him I was a detective. He answers to the description given in the Victorian "Gazette" produced. Prisoner declined to ask any questions. Inspector Hickson asked for a remand for a month with the understanding that prisoner could be brought up sooner if required. Larceny from the Person.—George Barker, alias Brennan, appeared on remand, charged with with having stolen a watch and chain, valued at £lO, the property of Benjamin Roswell. At the request of the prisoner all witnesses were ordered to withdraw. Benjamin Boswell, deposed—l am a farmer at Ashburton Forks. I was in town on Monday week, the 10th inst. I was in the White Hart drinking from the arrival of the first train in the morning till dark—from about 10 o'clock till night fall. I knov/ the prisoner I have seen him once on my farm and once in the township, but I had not the pleasure of knowing the gentleman's name. He was with me at the White Hart towards evening on the day named. We had a few drinks together, I could not say how many. I was tight; and did not know my way about the streets, being a stranger. The next morning I found myself lying in a stable, belonging to a butchers's shop, near the station. I missed aqout £4 and some silver, also a watch, a belt, a pocket knife. There was a silver chain with the watch. I had the watch until I left the White Hart. I am sure I had possession of the watch at that time. I had the money at the same time. When I came into town I had a cheque for £6 10s and some silver. I cashed the cheque at the White Hart. The money I lost was the balance from the cheque. I had the belt when I left the White Hart. I have seen the watch since in a pawn shop. [Witness identified watch and chain.] I gave £lO to Mr Petersen for the watch three or four years ago. The chain cost 15s. I believe this gentleman there (prisoner) left the hotel with me. I did not sell or give the watch to any person. To prisoner—You saw me at the White Hart just about dusk. I could not say in whose company I was. There may have been plenty of women come in j I did not know them as they were strangers to me. You might have recommended me to hand over the watch and chain to the barman, but I don't remember. I could not say who took me under the arm when I left the hotel. I was very " tight" at the time. I could not swear that I did not give you the watch and chain to take care of. I had plenty of money, and you had no authority to pledge my watch and chain. I remember drinking with a boy—a city Arab. I don't remember the boy taking the money to pay for some brandy out of my pocket because I was too drunk to do it myself. Witness thought this "young gentleman" should not be spoken of. The evidence I have given is what witnesses will prove. The Bench—ls the evidence you have given to-day derived from what has been told you, or is it from your own personal knowledge ? The witness gave several irrelevant answers to this question. The Magistrate was here called out of Court for some minutes, and upon returning asked the question again. The witness said it was a question he could not answer. He was then catechised as to the items of his evidence, and answered that he knew of his own knowledge that he was drinking with prisoner and the boy, that prisoner was with him when he left the hotel, that he had the watch then, and missed it when he woke in the shed, and that there were other people in the bar whilst he was there. John: McGrath deposed—l live at Templeton's boarding house. I follow farming. I know the prisoner and the laßt witness. I was in their company at the White Hart last Monday week, in the evening. They were sitting together in a room to the left a 3 you go in at the side door, when I joined them, about dusk. I fetched in drinks to them for the barman. They remained there about half an hour after thai. They had two drinks each. They left a few minutes after six o'clock. Mr Brennan (prisoner) took him out. I and another little fellow followed them. There was another man who was drunk. We followed them to the Borough Hotel. I went with prosecutor a piece of the way from there to the railway station. Prisoner was with the man who waa drunk. Prosecutor on the way to the railway station fell against a thorn hedge at the Curing Factory. I went to his assistance and afterwards Brennan went. It was dark, but Brennan 6tooped over this man. Three of us were standing together. Brennan runs over to us, and says—" I've jjot the watch." We were standing three or four yards off, me and the drunken man and another, a big tall fellow. Prisoner would not speak any more, but ran down a lane at the back of the Curing Factory. Prisoner did not put any question to me before he said he had the watch. There was no one assisting prosecutor to walk when he fell against the fence. He was alone, but I was close behind him, and was the first to come to his assistance. I left prosecutor as soon as he lost his watch. The drunken fellow and I separated. I don't know what became of the tall man. There was another, a darkey fellow, who said —[The Bench checked witness]. Prosecutor had a watch before he left the hotel. He was helplessly drunk when he fell, and I left him to ho there. I never saw him before- that day. 1 never saw prisoner. To the Bench—l was aa sober as 1 am now. To prisoner—l did not link my arm with prosecutor's; you did. Prosecutor gave me the money for the drinks "forenint," three or four people a fur hard tning for it. There was one woman there with a red shawl when I cano in. I don't know her name, but I know her by eyesight. When prisoner fell, there were this little sheet lack, a big tall fellow, me and \ on in company togeth' r. We did not retire after he fell. The four of us went no where. You came over and asked us, "Have you got the watch?" I don't

know any anything about a suggestion" made by a greatly educated gentleman, named Mr Murray, that it would be better to secure prosecutor's watch from me. I asked you what you had done with the watch. You said you had pawned it for £2. I said the police arc after you. You had two pigs' heads and ran away with them. I never saw you afterwards. 1 did not say I would inform of you if you did not give mo some of the money. [Prisoner—" Now tell the truth and I'll stand the racket."] You never said you would be glad that prosecutor should know that you had pawned the watch through errors in drink. [Prisoner —" You are well trained, whoever is training you."J I never laid any information ;>gainst you, but told prosecutor next morning. To the Bench—l did not see prisoner that day. I paid for a week's board. Where did I get money ? It is not paid for yet. You never recommended prosecutor to hand his watch and chain to the barman. You never mentioned the like. You bought one pork pie for me the day before this occurred. I have sworn that I never saw you till I saw you with prisoner. Mrs Walstab never told me to clear out. [Prisoner declined to ask witness any more questions, as he would not tell the truth.] Re-examined— Prisoner asked me if I had the watch. I don't know who he said it to. There were others there. This was before he took the watch. The boy whe had not got the watch replied that we had not—that the boy had not. He meant me. He was a little bootblack. I saw prisoner at the Palace Hotel next night. He was asleep. I roused him up, and told him the police were ufter him. He ran away with two pigs' heads. In the morning of "the same day I informed prosecutor that prisoner had his watch. To Prisoner—l told prosecutor that I had ssen you, and that you said that you had the watch. To the" Bench—He told me that at the time he took it. To Prisoner —I swear that I did not tell prosecutor the watch was in the pawn office. Samuel Stewart, pawnbroker, deposed to prisoner's pawning the watch and chain produced about 7 p.m. on the 10th instant, Witness gave him £2 on it. Prisoner said he wished to get out of town. To Prisoner —Prosecutor came for the watch on Thursday. You said you had been on the spree, and had had enough of it. To Inspector Hickson—He was quite sober. At this stage Inspector Hickson applied for a further remand for additional evidence. Prisoner said there was no necessity to put back the case, as he would tell the truth. His Worship explained that if prisoner pleaded guilty the case could be dealt with summarily, otherwise itw_>uld have to be sent for trial. Prisoner said that he was goins to plead guilty to receiving the watch in charge and pawning it, but not to stealing it. The truth was that he had pawned the watch, and spent the money under the influence of drink. Hugh Dogherty, barman of the White Hart, wns here called, and deposed —I know prisoner and prosecutor, but don't remember their being together at any time. They were at the hotel on Monday week,_ and had drink. Prisoner called for somedrinks, and gave me a cheque for £6 odd, in payment for drinks. I can't remember for whom the drinks were. I believe it was in the afternoon, it might be twelve or one o'clock. Prosecutor was there later in the day. I did not see him having. To prisoner—l could not not swear that you recommended prosecutor to give me charge of the watch and chain. It strikes me something was said about that. I have seen that boy (McGrath) constantly about the hotel for a week or so. I could not say that he is generally in the company of drunken men. [lnspector Hickson again applied for an adjournment. The Bench thought there was sufficient evidence for commits already.] Detective Walker deposed to having arrested prisoner on Friday, 15th hist. Prisoner said nothing then, but on the way to the station said " I know Boswell these nine years. He give me the watch to pawn for £2, and I pawned it and spent the money." Witness got the watch at Mr Stewart's on Saturnay. Prisoner was sober when arrested. The depositions were read by the dark and the usual question put to the prisoner. He pleaded guilty to the charge and threw himself upon the" mercy of the Court, He said he had managed to keep his character clear for close upon four years, and hoped the Court would give him a chance to clear it again. He was sentenced to six months' imprisonment with hard labor. The witness, McGrath, was called up and cautioned that he had given very unsatisfactory evidence, and the Bench recommended Inspector Hickson to have him arrested as a vagrant if he elid not go to work within forty-eight hours.

LYTrELTON. Tuesday, Junk 18. [Before W. Donald, Esq., KM.] Labceny from Deink.—McGrath having fully recovered was sent about his business. Dbunk and Disorderly.—Edward Goodacre, who hud been in Lyttelton Gaol for this offence was dismissed. Desertion. —Edward Aiken and Charles Rogers, two seamen belonging to the ship Himalaya, were charged with this offence, and sentenced to seven days' imprisonment with hard labor. Larceny undeb £5. —William Nichols was accused of having stolen a silver-mounted bottle from the Orphange, Lyttelton, on the night of the fire, in May, 1874. Mr H. N. Nnlder appeared for the defence. Detective Smith said that on Monday he searched prisoner's house, and found the bottle produced with the silver knob on the mantel-piece. After being cautioned, the prisoner said all he knew about the bottle was that he asked his wife once where she got it. The bottle was identified by Mr Giraud as one stolen from the Orphanage on the night of the fire in May, 1874. It was worth about £2. The prisoner's wife was present ■when he stated that all he knew of the bottle was that he once asked her. E. Giraud, master of the Orphanage, deposed to the bottle produced being stolen among other things on the night of the fire. The wife of accused was at the time kitchen maid at the orphanage. They were married after the date of the fire. He had no ground for suspecting accused, except from hearing that the bottle was in his house, and that he had married the kitchen-maid. Case dismissed.