MAGISTRATES’ COURTS.

Globe, Volume XX, Issue 1446, 4 October 1878, Page 2

MAGISTRATES’ COURTS.

CHBISICHCBCH. Friday, Octobee 4, [Before G. L. Hellish, Esq., R.M.] Drunkenness. George A. Holland, charged with drunkenness and disorderly conduct, was fined 10s. Using Peofanb Language, James Bourke was charged with making use of profane language while in a semi state of drunkenness, in front of the Carlton Hotel, on Thursday evening. The arresting constable proved the offence, which was committed on the verandah of the hotel. Mr Plummer, the landlord of the hotel, had sent for the constable in consequence of the prisoner’s outrageous behaviour. A v fine of 10s was inflicted. ' Fighting.— Thomas Maher and Charles Sewell were charged with committing a breach of the peace by fighting in a public street. Both of the accused pleaded guilty to the offence, which was committed in front of the Theatre Royal. A fine of Iqs was imposed in each case. Absconding. —George Tucker Osborne, a boy, was charged with absconding from, the Industrial School, at Burnham. The master of the school proved his admission on the 14th of September, whence he had been sent from Timaru under warrant for the commital of a larceny. He absconded on September 23rd. His Worship ordered the prisoner to be privately whipped at Addington Gaol, and. afterwards returned to the Burnham School.

Labceny.—Samuel L. Dennis, a youth, wan charged with stealing a cash-box containing money, the property of Thomas Patrick. Thomas Patrick, butcher, residing on the Whateley road, sworn, deposed that hia brother David was in his employ as shopman. On Wednesday, the 2nd instant, his brother gave him a £5 note, which he placed in a cash-box which stood on a desk in the shop. The box contained about fifteen shillings or a pound’s worth of silver at the time. Later in the day witness received from his brother between six and seven pounds; there were about six £1 notes, two half-sovereigns, and a sovereign. Witness also put this money into the cash-box, which he removed into the kitchen with the intention of taking it into his bedroom. The cash-box was looked, but witness being in a hurry left it in the kitchen. It was about three o’clock when he'placed the box in the kitchen, and about ten minutes afterwards witness went for a drive with his wife. The box was left on the ledge of the kitchen window. It could be seen from the back yard, from which access was gained from a door in the kitchen. There was also a passage into a right-of-way. When witness went for the drive he left his brother in charge of the shop. On his return between five and six o’clock witness received some more money from his brother, and on going to place it in the cash-box he found it had been taken away. Witness’ brother reported the matter to the detectives the same evening in his presence. The brother of witness described in his hearing, to the detectives, the person he suspected of the theft, and also the description of the money taken. Had known the prisoner for about two years, and called to see him at the depot on Thursday afternoon at the prisoner’s request. On seeing prisoner, the latter asked witness if ho charged him with the robbery, and he replied “ No, the detective did.” Witness then asked the prisoner if he took the cash-box, and he said he did. That was all that transpired between prisoner and witness at the time. Made no reply to the prisoner except that he thought it very foolish of him. David Patrick, brother of the last witness, deposed that he acted as his brother’s shopman. On Wednesday, September 2nd, witness received a £5 note from Mr Moffatt, about nine o’clock in the morning, which, about eleven o’clock, he paid to his brother, Thomas Patrick. Later on through the day witness received five single £1 notes, one sovereign, and two half sovereigns, which he rolled up and gave to his brother, who put them in his pocket. Witness’s brother (the last witness) went out for a drive at a quarter to three o’clock and returned about half-past six o’clock. Witness gave him some more money, and subsequently left the shop about seven o’clock. About half-past eight the last witness came to his house and they returned to the shop and searched for the cash-box, but could not find it. They afterwards went to the police depot, and witness gave a description to Detective Benjamin of the stolen money. Witness also described to the detective the person he suspected. Had known the prisoner five or six years. At mid-day saw the prisoner in front of the shop; he asked for another brother of the witness. Saw him again about seven o’clock the same evening in front of Qrisbrook’s shop and spoke to him. Had spoken to the prisoner before (the opening of the Court, in consequence of the latter having, the previous day, expressed a wish to see him or his brother. The prisoner acknowledged having taken the money, and afterwards thrown the cash-box in the river. Prisoner has not been in any employment for a month past. Edward Whitcombe, barman at the Britannia Hotel, deposed that on the night of the 2nd instant ho saw the prisoner in the hotel at about eight o’clock. He came to play billiards, and shortly after tendered witness half a sovereign in payment of 4s, and took 6s change. Afterwards tendered a sovereign in payment of 2s, but he withdrew the sovereign, and tendered in its place another half-sovereign, and received 8s change. Ellen Elizabeth Moffatt deposed she was the wife of Joseph Moffat, miller, at Merivale. On Wednesday last between 8 and 9 a.m. paid to David Patrick a £5 note on the Union Bank of Australia. Detective Benjamin deposed to the arrest of the prisoner on the night of Wednesday, the 2nd instant. Ho was playing billiards at Scott’s Family Hotel, a little after ten o’clock, when he arrested him. Witness told, him he was suspected of stealing a cash-box, containing about £l3, from Thomas Patrick, and that lie must search him. Told him to put out what money he had about him on the table. He produced a£s note on the Union Bank of Australia, five £1 notes, and a sovereign. He took the silver produced, amounting to 22s 7d, from his trousers and waistcoat pockets. Witness then explained the charge to him, arrested him, and took him to the police depot. Prisoner said he had not been near Patrick’s shop since eleven o’clock in the morning, when he passed it coming from his father’s house at Merivale. His father had given him the money produced in payment of wages on that morning. Constable Harold deposed that he was in the watchhouse when Thomas Patrick came to see the prisoner. Patrick asked the latter what he wanted to see him for, and prisoner said it was to give him a chance by not pressing the charge against him. Prosecutor said he had had plenty of chances yesterday morning if he had confessed ho took the cash-box. Patrick said “do you confess it now ? ” and prisoner said “1 do confess it.” There were no other witnesses called. The evidence being read over and the prisoner declining to say anything, he was committed for trial at the neit session of the Supreme Court-,