MAGISTRATES' COURTS.

Globe, Volume XX, Issue 1520, 31 December 1878, Page 2

MAGISTRATES' COURTS.

CREISTCHURCH. Tuesday, Dkchmber 31. (Before G-. L. Hellish, Esq., R.M.) Drunk and Dibobdbbly.—Robert M. Oldnian admitted being drunk, and was fined Ckui.lty to A Co"\\\—Tlio case of Richard Evans summoned for cruelly beating a cow the property of Richard Off wood, adjourned i'or the purpose of palling a witness for the defendant, was called on. Peter Duncan, being sworn, said he saw the accused on the 19th instant, trying to drive a cow belonging to the complainant away ; he saw him strike her once with a stock-whip, but. not in a manner to nu.se her any injury unless he struck her over the feye. The boy who who was looking after fcl e cow was as much to blame as the defendant, as he repe.atedly struck her with a stick. His Worship said the evidence of the complainant's witnesses went to show that, the defendant had freely used his whip on the cow, and that, her side appeared afterwards to be injured, the presumption being that it it was caused by his blows. It was not exactly a case of torturing the beast, but-a stock-whip was a formidable weapon, and the accused was proved to have need it pretty freely. Defendant would tave to p«y the expenses of four witnesses, amounting to 265, and costs 9*, in all £l lsa. Larckny from a Dwelling.—John Casey, remanded from December 27tb, was brought up ryi a charge of stealing £ll Js 6d, the property of Thomas Gallon. Mr Neck ap-

peared for the accused. Thomas Gallon, a laborer, being sworn, said—l have lately been in the employ of John Small, a farmer at Long Beach. I was in his employ a littje more than a year up to the 23rd inst. He paid me the wages due to me on that date, in the shape of a cheque for £4l 10b. The Tuesday after I cashed it at a bark at Ashburton.' I have been in the same bank since with Detective Benjamin. I received two £2O notes, one £1 pound note, and half a sovereign. There was a hole in one of the £2O note?. I stopped at Ashburton that night, and came bv the first train the next (Christmas) day. I went to the Port Phillip Restaurant, Durham street, and stopped there that night. I slept in No. 3 room up stairr. The next night (the 26th) I was about going to sleep in the same room, but at the request of my landlady I went into another room. I was partly undressed when I was requested to change my room. My money was in tw« purses, and I folded them in a towell and placed it under the pillow of the bed in which I was going to turn in, and left them there, that is in No. 3. I forgot to take my purses from the room when I left it. That eight I slept in No. 9 room. On getting up the next morning, 1 missed my purses, and went for them to No. 3 room. I searched for my purses and found the towel opened out in the bed, but not in the same place where I left it. The purses were gone. I then went and informed the police. I saw Detective Benjamin, and'described the property I had lost to him. I n£t j| the note with the hole in it in the possessu ii-V of the detective the day I gave the informa- * s tion. It wat, a square hole and in the centre of the note. The note produced is the same. When I put the purses under the pillow, the two £2O notes were in one and two halfi sovereigns and 4s 6d in silver were in the other purse. At the time I brought in the detective I saw the prisoner in the boardinghouse. I was not acquainted with him. I was present when the detective charged the prisoner with stealing the money and searched him. He found on him six £5 notes, thirteen single notes, £7 10s in gold, and some silver. The prisoner asked the detective for a receipt for his money, which he said he had got in Dunedin. He did not say where he had come from. Richard Westenra, a teller in the Bank of New Zealand, being sworn said—A farmer named John Small had an account at the Bnnk. I cashed one of his cheques for £4l 10s on the 24th inst. It wao payable to James Garland. I paid the cheque in Bank of New Zealand notes, but cannot remember the description of the notes. I paid the cheque in. Maty Jane Buxton being sworn, said her father, Thomas Buxton, keeps the Port Phillip Restaurant at the corner of St. Asaph street. The prosecutor came to the house on Christmas Day, and slept there that night in No. 3 room. I showed him the room. The prisoner came to the house on Boxing Day, and asked for accommodation. I showed him to No. 3 bedroom, and he took possession of it, and put his swag in there. I asked Thomas Gallon to change his room the night I put the prisoner in to it. He left tba No. 3 room, and came in to No. 9, the prisoner that night occupying the former one. The prisoner came downstairs at about halfpast 7 a.m., Boxing Day. He had his breakfast, and left the house at about a quaiier to eight o'clock. Shortly after the prisoner left, the prosecutor came down stairs and nude a complaint. Later in the day he returned with Detective Benjamin and the priioner was there. When the prosecutor came t> the house on Christmas Day ho was sober, and remained so during his stay. In consequence of the prosecutor's complaint I called the prisoner into the house, as he was crossing St. Asaph street, and he returned. That was about half-past eight o'clock. I searched No. 3 room with the prosecut n, but found nothing. There was no one in tho room but the prosecutor after tho prisoner left in the mornkig. Wm. Kirkwood, being sworn, said—l keep twice before the present occasion; once was when I cashed him a £2O note. I thini it was since Christmas Day. It was on tho day Detective Benjamin called on ne, I saw the prisoner at half.past eight in the railway refreshment-room. He asked lor a drink and change for a £2O note. I gave him the change, and he then asked me to change another note for £2O, which I declined to do. He said he was going up counti y. I gave him three £5 notes and five £l's in change. One of the last he changed to piy for the drink. I paid the £2O note I received from the prisoner into tho Bank of Ne* Zealand the same morning. About an hotr afterwards I saw Detective Benjamin, and went with him to the Bank to get the £2) note, but I could not describe ifc, as I knew of no distinguishing mark on it. The sam« afternoon I saw the prisoner at the Police Barracks, and picked him out from seven or eight other men. The Cournt here adjourned until 2 p.m. Mary -Ann Shaw, residing at the Terminus Hotel, Christchurch, being sworn, said— I was in the hotel bar on the morning of ths 27th inst., about 8 o'clock. The prisoner came into the bar at that time and asked for a drink. He tendered a £2O note in payment and I gave him change for it. He said he was going to Dunedin, and had been over to the railwsy station, and they could not chango it there. I gave him in change three £5 notes, fonr ones, and 19s 6d in silver. I put the £2O in my reticule and locked it up. Subsequently on the same day I showed the note I received from the prisoner to Detective Benjamin. It was the'only £2O note I had. The next time I saw the prisoner was the same day at the police station, and I identified him as the man who gave me the £2O note in the morning. The note produced is the same one. I knew it by a cross I put on it, and it was torn, as it is now, when I received it from the prisoner. Detective Benjamin deposed : —The prosecutor, Thomas Gallon, made a complaint to me on the morning of the 27th inst., and \ went with him to the Port Phillip boarding house, Durham street south, when I saw the prisoner. I told him I was a detective, and intended searching him, and told him to put out what money he had on him. He took the purse produced from the inside pocket of his coat. I took possession of it, and counted its contents in the presence of the prisoner, Mary Jane Buxton, and the prosecutor. It contained six £5 notes, thirteen £1 notes, six sovereigns, and three half sovereigns, 6s 6d in silver, and 2id in copper. Prisoner said, " I got that change in Dunedin in change for an order I brought from Melbourne." He also Baid he had been working at tho Ashburton. When he said that Mrs Buxton, tho landlady, said, " I thought you said you were going to summons a milkman in Christchurch for your wages." Prisoner replied, "Oh, yes, I have been working for a milkman \ down in the Ferry road." I took the fl prisoner to the Depot, and detained him until I made further enquiries. I received the £2O note produced from Miss Shand at the Terminus Hotel. I then charged him with stealing £4l 4s 6d from a boardinghouse, the 'money being the property Of Thomas Gallon. On taking him to the Depot, ho said " Well, wasn't I put into that room ?" On Saturday, the 26Lh, I accompanied tho prosecutor to Ashburton. He took me to the Bank of New Zealand. Tho prosecutor being recalled was about tp bo cross-examined by Mr Neck, when his Worship said he had made up his mind to a committal, and, under the circumstances, M? Neck said he would aok no further questions. In answer to Mr Inspector Hickson, witness s,u'd lie never drank intoxicating liquors. This was the case for tho prosecution, and Mr Neck said he would reserve Ids defence. Tho prisoner was then committed for trial at the next sessions of the Supreme Court. [Left sitting.] LYTTELTON. Tuesday, December, 31st. (Before W. Donald, Esq, R.M ) Still Anotheb.—Cornelius Crov«ly Rogers, late boatswain of tho ship Southminster, was examined by Drs, Rouse and Macdonald, and upon three certificates and the testimony of Sergeant O*Grady and Mr P. H. O'Brien, of the Empire Hotel, was committed to the Asvlum for the Insane. Fvjjlicans' Applications.-Several local hotel-keepers applied for an extension of license to sell after 11 p.m. to-night. His Worship refused, Btating that he saw no necessity for it.