MAGISTRATES' COURTS.

Globe, Volume XX, Issue 1444, 2 October 1878, Page 2

MAGISTRATES' COURTS.

CHRISTCHURCH. Wednesday, Octobbb 2. [Before G. L.Mellish, Esq. R.M.I Drunkenness—Patrick Butler was charged with drunkenness and disorderly conduct, and being an 'old offender, was sent to gaol for three months with hard labor. Two first offenders were fined 5s each. Using Obscene - Language. Charles Armstrong, charged with making use of obscene language in Gloucester street the previous evening, was fined 20s.

Illegally on Pbbmisbs.—-Daniel Walter Stanton was charged with being found by night, without lawful excuse, in an enclosed garden belonging to the Hon. William Robinson. William Hollow, being sworn, deposed —I am a laborer, residing in Albert street, and am employed by the Hon. W. Robinson, Park terrace. On Thursday last, about 2 p.m., I saw two little boys standing and playing in a gateway. About three o'clock I saw two boys oome and take a lot of keys and a large Igimlet from under the cottage within Mr Robinson's boundary. I took them from the boys. The articles produced are the same. The boys were about thirteen years of age. I afterwards pointed out to Detective Benjamin the place where the keys were taken from. I gave the keys and gimlet to Mr Sheppard, the caretaker. I do not know the prisoner. James Sheppard being sworn, deposed—l am caretaker of Mr Robinson's property at Park Terrace. Last Thursday I received the keys and gimlet produced from the last witness. I carried them into the house and gave them to my master, the Hon. W. Robinson. I know the prisoner; he resided in Mrs White's cottage, next to Mr Robinson's. I have seen him when drawing water from Mrs White's pump, and offered him a recommendation for a situation, but he told me he intended to take a public-house, and I thought he meant up-country. On Tuesday, between 4 or 5 o'clock in the morning, I heard footsteps close beside my bedroom window. The following night I heard a noise of some one stumbling on the stones, and again, the next night, I heard a noise as of some one walking on the gravel outside the house. This was about haif-past 12 or 1 o'clock. I am the only man living in the house and have been there for years. The Hon. Mr Robinson came home by the first train last Thursday, the day the keys were found. The house is all furnished. By the prisoner—l never saw the keys, and do not know whether they fit any locks in Mr Robinson's house. Mr Robinson's gates are left open day and night, as repairs are going forward. Detective Walker deposed—l received the keys and gimlet produced from the Hon. Wm. Robinson on Thursday, the 26th instant. There are five door keys and fifteen small keys and a large gimlet. Some of the wards of the keys have been filed and some of them have been cut away. The witness Hollow showed me the place where the keys were found. I put the keys back there the same night and remained to watch. The following night Detective Benjamin and a constable were there but I was not. The witness hero pointed out the exact spot, marked on a plan produced, where the keys were found, and then resumed his evidence. The prisoner has resided in a cottage belonging to Mrs White, about eighteen yards from Mr Robinson's gate. I went there on Friday night, the 27th, in company with Detective Benjamin. I searched the house, and found a large quantity of postage and duty stamps, worth about £3O. Strictly it was Detective Benjamin found the stamps in a brown paper bag in my presence and that of Mr Robinson and Constable Meal. We also found a dark lantern and a pair of false whiskers [produced] in the prisoner's box. There were also some "keys in the box, and one of them was a proper skeleton key. By Prisoner—You had a box and a portmanteau. The bunch was hanging by one key, which was in the lock of the box. Tho prisoner cross examined the witness, with the objeot of showing that the keys belonged to his own boxes, and, at his request, Detective Walker was directed by tho Court to go to his house for the purpose of trying the keys in the locks. At the prisoner's request, the witness Hollow was recalled, and pointed out on the plan where he had found the keys. Detective Benjamin, being sworn, deposed— From information received on the night of Friday, the 27th inst., I was in ambush watching some keys. I saw a man come inside Mr Robinson's gate from Salisbury street and stood there about a minute, and then went out into Salisbury street again. About five minutes after I saw a man that I believed to be tho same come inside Mr Robinson's gate. He quietly sauntered up about twenty-three yards up the drive in the direction of Mr Robinson's house, just about the turn marked on the plan. He remained for about a minute, and then quietly returned to the spot where I knew the keys were hidden. He knelt down, and put his hand under the ! house whera the keys were. I heard them jingle. He then got up, and went into Salisbury street. I had my boots off, and I followed him. He went through a gate leading to Mrs White's cottage, about eighteen yards from Mr Robinson's gate. Prisoner was just inside when I came up. The gate was latched, and I could not open it. I told the prisoner to open it. He unlatched the gate, and I went in. I told him I arrested him for being illegally on Mr Robinson's premises, and having housebreaking implements in his possession. At the same time I heard him drop some of the keys from his left hand on to the ground. I took the others out of his hand, and said " It is no use dropping them." He said, " Oh, they are some keys I found behind Mr Robinson's other gato, which opens on to Park terrace., and I just put them where I took them from, to-night, as I do not wish to fill my house with rubbish, I had a good mind to tell Mr Robinson about them, and I had a good mind to watch who came for them myself, as I thought it was suspicious. He said he knew very well; he had been cooking for hiin, and Mr Robinson was very partial to him. He asked me to let him go into his house, which was four or fivo yards from where we were standing. I went round with him to the door marked on the plan, and he opened the kitchen, and we went in. He was going in tho dark, but I stopped him until I struck a match. He went in, and took the cup and wick from the dark lantern, which stood on the kitchen table. He lit it with tho match, looked round the bedroom and kitchen, and said " Oh, I suppose all will bo right," and then came out. After going out, he locked the kitchen door, and put the key in his pocket. I took him to the lockup, haying tot asked him tax the key at Ms

Robinson's, which he gave me. The keys produced in Court and the gimlet also •were those I found on him. About half-past eleven o'clock the Bame night I returned to the prisoner's house in company with Mr Robinson, Detective Walker, and Constable Neal. We searched the house, and I found this paper bag, containing the stamps now in it, on a safe in the kitchen, covered over with a basin. Their value is about £3O. The envelopes produced were also on a table in the kitchen. I found the false whiskers produced in a clothes box in his bedroom. The smaller bunch of keys produced were found in the prisoner's clothes box, hanging in the key-hole. As there were no further -witnesses, the Court adjourned for a quarter of an hour to give time for the return of Detective Walker. On the Court resuming, Detective Walker, cross-examined by prisoner, deposed that only one of the keys opened the portmanteau, and three of them opened the box, the fourth was useless. By Inspector Hickson—The skeleton key produced would, in his opinion, open any lock it could be got into. On being asked by the Court if he had anything to say, the prisoner said he would like to call Constable Neal. Constable Neal was sent for, and being sworn, was examined by the prisoner as follows:—Prisoner told witness after the arrest where he had found the keys. He said it was all rot going to Mr Robinson. He had known him so long, he would not give him in charge for being illegally on the premises. He pointed out to me where he had lifted the keys from. He said he was in Mr Robinson's garden on the morning previous to his having a walk, and that he found the keys there, and that he put them in under the house, as he thought they were too much of an encumbrance for him tocarry.He said then, " I have just come back now to take them away." Detective Benjamin then went to Mr Robinson. By prisoner. You did not state the spot in Mr Robinson's garden where you picked up the keys. The prisoner called no other witnesses. On being asked whether he had anything to Bay, as the case would be dealt with snmmarily, the prisoner took some technical objections to the wording of the information, which he urged was informal, as he considered that the fact of the gates being left open debarred the premises on which he had been found from being considered as private property. He also raised the point of the actual arrest being effected outside Mr Robinson's grounds. His Worship said there was nothing in either of the prisoner's objections, and that there was no doubt that he had been there for an illegal purpose, for the removal of stolen property which he had previously concealed. He considered the evidence as to the prisoner's being a rogue and a vagabond conclusive, and sentenced him to six months' imprisonment with hard labor. BUBGLABY.—DanieI Walter Stanton was further charged with breaking into and stealing from a dwelling-house. Mrs Caroline Bradwell, being sworn, deposed—l am a widow, residing in Colombo street South, and keep a stationer's Bhop. The shop is part of the dwelling in which I reside. The kitchen is at the back of the shop, and the bedrooms overhead. There is a sitting-room off the shop, a door from the former leads into it. There is also a door from the sitting-room leading into a right-of-way into Colombo street. On Tuesday, the 24th of September, I saw the prisoner, and I saw him again yesterday at the police station. There were about a dozen men present, and he was amongst them. The first time I saw him was in my shop just before I closed, at a quarter to seven o'clock. He purchased a packet of envelopes. The envelopes produced I recognise as part of those from the same parcel from which I supplied the prisoner. The wrapping paper they are in is similar to that in which I wrapped the prisoner's purchase. Prisoner gave me one shilling in payment, and I returned him sixpence change out of a cash-box on a shelf at the back of the counter. The prisoner could have seen from where I took i/ne change. Prisoner said he had an old threepenny stamp, and asked me for some gum to put on it, which I gave him, and he used it. I was dressed to go out, and I remarked how long ho was putting on the gum. Prisoner asked me if I was going to the theatre, and I said " No, I was going out on my own business." He then took a pen, and appeared to be addressing an envelope, and afterwards left the shop. By prisoner Just before he asked me if I was going to the theatre, I told him he was rather long gumming the stamp. Four or five minutes after the prisoner left I securely fastened the door from the inside and went out by the side entrance, which I carefully ! locked. Miss Bailey was in the Bittingroom with my daughter and granddaughter, while the prisoner was in the shop. Miss Bailey was four or five feet from the door leading into the shop. They left the house with me. The upper half of the front door is plate glass, and clear; at night, when I close, there is a blind to it, which I adjusted down before I went out. There is another door from the back yard into the house. There are three modes of entry—one from the front, one from the back, and one from the side. Shortly after eight o'clock I, my daughter, and grand-daughter returned. We entered by the side door, which was unlocked, but closed and latched. I tried to unlock it, but could not, as it was already unlocked. I : then turned the key, as though to lock it, and found it locked quite easily. I unlocked it : and went in. About half-an-hour afterwards • I went into the shop by the inside door from the sitting-room. I missed two cash boxes, a small one containing cash, and a large one ! containing stamps. One was the box which I took the change from for the prisoner. There was a pound's worth of copper in one, and nearly a pound's worth of silver in the other. I missed the box containing the stamps from a shelf near the window. It was there when I went out. The stamp box contained stamps of various kinds, and pro - missory notes, and acceptances to the value of about £IOO. The prices of the promissory motes and acceptances were written on the back of each'book in my own handwriting. I identify my handwriting on some of the books produced. I missed nothing from the shop, but the two boxes. The books produced which do not bear my writing are precisely the same as those I have written on in value and appearance. I should know the quantity of some of the stamps produced, but there is no mark by which I can identify them. Some of the sheets of stamps produced resemble those I had, (The witness described as nearly as her memory served the quantities and value of the postage and duty stamps she had in her possession at the time of the robbery, and the same with regard to the promissory noteß and acceptances.) On returning home I found all the doors and windows in the same state in which I had left them with the exception of the side door. I reported my loss to the police the same evening. I never authorised any person to sell or take away any of the books or stamps that were taken away. By the prisoner—There is no by-law regulating the number of stamps I should have at one time. Miss Annie Bailev, being •worn, deposed—l am living in Lichfield street. I was at Mrs Bradwell's on the evening of Tuesday, September 24th. I was in the sitting-room off the shop, the door communicating with which was open. I saw a man standing in the shop; he got a packet of envelopes. I saw the prisoner now in Court yesterday, and I identify him as the man who was in Mrs Bradwell's shop. I left with Mrs Bradwell, but did not return. I identified the prisoner yesterday at the Police Depot amongst thirteen other men. Detective Benjamin deposed—l arrested the prisoner on the night of the 27th on another charge at Mrs White's property in Salisbury street we3t. He Bhowed me where he lived, asking permission to go into his house, and I went in with hirn. [The witness here recapitulated the evidence as to the prisoner's arrest he had given against him in the previous charge of being illegally on the premises of the Hon. Wm. Robinson, and also the facts relating to the finding of the property supposed to have been stolen from Mrs Bradwell.] The witness, the following morning, charged tho prisoner with breaking into the shop of Mrs Bradwell, in Colombo street, and stealing property to the value of £IOO. The witness resumed his evidonco as follows—l told prisoner what I had found in his house, and he Baid " All right." I shortly after told him I had found about £3O of postage stampß in his house, gd he made no reply. He said he would

like to see Mrs White about the blankets and things he had left in his house. Mrs Elizabeth White, deposed—l am a widow, residing in Salisbury street. The prisoner rented premises from me; my house is down the garden. The plan produced shows the position of the premises correctly. I saw the detectives Benjamin and Walker on Friday, the 27th, again on Saturday, the 28th instant, with Mr Robinson. They were searching in the garden for ajoashbox. In the afternoon, between three and four o'clock, I picked up a packet of stamps in the garden, opposite the chimney of the block of houses in which the prisoner resided. I took the packet into Mr Robinson's, and gave it to Detective Walker. When I gave it to the detective it was in exactly the same condition in which I found it. The prisoner has resided in my premises a little more than a month. Detective Walker deposed —I received the packet of promissory notes and acceptances produced from the last witness on Saturday, the 28th September. I accompanied Detective Benjamin to the prisoner's house, and saw him find the bag of stamps in the kitihen. I made an inventory, the same produced in Court, of the stamps, promissory notes, and acceptances with their value, which amounted to £B2 16s 7d. This was the evidence for the prosecution. The evidence having been read over, and the prisoner deolining to say anything, was committed to take his trial at the next session of the Supreme Court. Illegal Possession op Housebbbakinq Implements.—There was a further charge against Daniel Walter Stanton of having implements of housebreaking in his possession without lawful excuse, but the case was, at the instance of Mr Inspector Hickson, withdrawn. LYTTELTON. Wednesday, October 2. [Before W. Donald, Esq ,;R.M.] Lunact pbom Dbink.—John Cameron having fully recovered was discharged.