MAGISTRATES’ COURTS.

Globe, Volume XXI, Issue 1823, 24 December 1879, Page 2

MAGISTRATES’ COURTS.

CHRISTCHURCH. Wednesday, Dbobkbeb 24. [Before G. L. Hellish, Esq , R.M.] Vaghanoy. — John Irvine was charged under the Vagrant Act with having no lawful visible means of support. The prisoner was arrested the previous evening in the private garden of Tarra House, Montreal street, where his wife was residing, from whom he had a legal separation. He had been hanging about the place and she had supplied him with food. She believed he was too old and feeble to work, and had threatened to drown himself. He said he would rather bo in Lyttelton Gaol than an inmate of the Asburton Old Man’s Home. On being asked had he anything to say, the prisoner said he wished to go to Lyttelton, and would not remain at Ashburton if sent there. His Worship said he was puzzled what to do with him, the doctors would not certify that ho was a suitable case for the Lunatic Asylum, and tbo Gaol was not intended for such cases. Ultimately, the case was adjourned for a short time while hie Worship considered the best course to be adopted with regard to him. Failing to Provide.— John Medcalfe, on remand, was charged with failing to provide his wife and two children with adequate means of support. The wife of the accused said he had been away since July last, and since then she had not received any money from him. The accused denied the desertion, and said he had left his wife and family £7 fifteen weeks ago, when he went to the North Island, to look after his family. The previous day he had returned by the Arawata, and his first act was to seek out his wife and children. He had been in Wanganui, looking after employment, which was difficult to obtain, but as soon as he had saved £5 ho returned to Christchurch. He had been a farmer, at Leeston, and but for his wife’s conduct would not now be in the Court, He wished to return to the North Island, where he had got a situation at “ flax stubbing, and such like.” His Worship said if he could afford to flash about in steamers he could afford to do something for his family. The accused said ho could earn about £BO a year and found. His Worship said in that case ho could afford to pay £X a week towards the support of his wife and family, hut for his part he did not believe a word of it. Ordered to pay £1 a week towards the support of his wife and two children.

Foeginq and Utteeing. —Roderick McLennan, on remand, charged with forging and uttering a cheque for £5 on the Bank of New Zealand, Q-eraldine. Mr Neck appeared to watch the case for the accused. Boberl Allen, a draper employed at Strange and Co.’s, eaid that he taw the prisoner on the let of March last in his employers’ place of business. He purchased a suit of clothes and other goods to about the value of £67 7s 6d. He tendered in payment a cheque for £25 (the same produced). He said he got it from Mr Tancrcd, of Geraldine. Witness asked accused to endorse it, which he did in the name of W. Palmer, Waihi Bush. The goods sent to the Terminus Hotel by request of the accused. Witness gave accused £l9 12s 4d change out of the cheque. From something they heard, witness got the parcel of clothes back again. Witness had not seen the accused since until yesterday at the Police Depot, when he identified him. Henry James Boss, draper’s assistant at Strange and Oo.’s last March, said that he identified the prisoner at the Police Depot on the previous day as the man he had seen at his employers’ shop last March, purchasing good* of Eobort Allen. This witness corroborated the evidence of the last, as to the payment for the goods by cheque, He remembered this from » con*

versation he had with this prisoner respecting localities they were acquainted with. Clement Wm. Tailored, station holder, of Waihi Bush, near Geraldine, said the prisoner was for eighteen months is his employ as shepherd. He left at the end of 1878. Knew him by the name of Roderick McLennan, Witness had an account at the Bank of Australasia. Had since had one with the Bank of New Zealand. The signature on the cheque produced was not that of witness, neither did it resemble it. There was no other person in the Waihi district of the same name as himself, except his father. Never authorised any person to sign his name. John W. Garland, licensee of the Railway Hotel, Manchester street, deposed that he had a slight recollection of the prisoner, but could not swear to him coming into his hotel about nine months’ ago and purchasing two blank cheques from him. They were cn the Bank of New Zealand. Wm. Henry Rac, clerk in the Bank of New Zealand, identified the cheques produced as having been taken out of a book sold to I he last witness on February sth, 1879. The cheque had passed through the bank, and been returned marked “No account.” The prisoner reserved his defence, and was committed to take his trial at the next sessions of the Supreme Court.|

Receiving Stolen Goods. —Robert Painter was charged with receiving a quantity of stolen goods, knowing them to be stolen, Mr Izard appeared for the accused. Thomas Harris, salesman to Wm. Harris, bootmaker,. Cashel street, deposed that he usually went to the shop about 6 a.m. He knew Mr Sorenson’s store, Hereford street, which ho was in the habit of passing on his way to business. Had seen the prisoner near Sorenson’s store, Hereford street, on the morning of December sth and other mornings. On the morning in question, he saw prisoner coming out of Sorensen's store. He was carrying a Maori kit. From about the middle of October, except the race week, witness had seen the accused nearly daily and he carried parcels with him. On one occasion ,he had n flour beg and a Maori kit. He came out of Sorensen’s. Witness saw the storeman that morning going into the store. The storeman came out of the store shortly after the prisoner had left. Other times, about seven o’clock in the morning, he saw prisoner go in and come out of Sorensen’s store, carrying generally a Maori kit and occasionally paper parcels. On the occasions mentioned saw the storeman about, whom he knew by sight. Had remarked the storeman beckon to the accused. Witness informed Mr Sorensen’s clerk and subsequently the foreman of what he had seen. Arthur Matthew Webb, managing clerk to H. B. Sorensen, deposed that, in consequence of information he had received from the junior clerk, he got the key of Messrs Roberts’s office at six o’clock on Monday, December Bth, their premises being opposite Mr Sorensen’s, in Hereford street. About half-post seven o’clock witness saw the storeman, Frederick Stanbory, come down the street, look about, and then open the store, first going by the right -of - way to the back. He had the keys of the hack door. Witness then saw the front door open and the storeman came out. He beckoned to someone whom witness could not see, and presently two men came slowly down from the direction of Manchester street East. They stopped to read a notice on the New Zealand Shipping office. One went on and the other stopped a little longer. The latter then went down the street, and passed Sorensen’s store. The prisoner was the man that stopped the longer time at the office, and then went on down the street. He then came back and stopped by the steps leading to the Shipping Company’s office. He waited until the storeman at Mr Sorensen’s came cut and stood in the doorway. The prisoner went up and spoke to him, and then went down the right-of-way, the storeman going back into the store the same way he had come out. The right-of-way hod a gate leading into Petersen’s. Between ten minutes and a quarter of an hour later the storeman came to the front door and looked up and down the street. The prisoner then came out of the right of way with a brown paper parcel under his arm, the storeman having gone hack into the store. The prisoner went down Hereford street in the direction of High street. Witness went after him and caught him up by the back gateway into Ayers’ shop. Witness never lost sight of the prisoner till he caught him up. Witness said, “Ishould like to see what’s in that parcel P” and took it from him. Prisoner gave up the parcel quietly, making no reply, and walked back to the office with witness. When they got there the storeman was standing at the door, and witness made the same remark to him that he made to the prisoner. The storeman opened the parcel and said it was a box of tea, which it turned out to be. I said, “ What the meaning of this ? ” They made no reply, but the storeman shook and trembled all over. He said, in a disjointed way, something like “ a man wanting to buy a box of tea.” Witasked the storeman “How many had he had the same way ? ” The storeman said “None.” Witness sent the storeman to the back to lock up the store, and while he was away asked the prisoner why he had done such a thing as this, but he made no reply. Witness said, “ What about the basket* and parcels that have been going out of the store for weeks’ past?” They made no reply to this. The storeman locked the store and gave witness the keys. Witness went over to Roberts’ for some things he had left, and when he returned the prisoner had gone. The storeman’s duties were to make up orders and give them to the carters for delivery. He had instructions not to give goods even to known customers without referring them to the office. Mr Sorensen’s goods were of all kinds, such as groceries, Ac. Witness subsequently marked the box of tea ho took from the prisoner, and then gave it to Datective Benjamin. The box of tea produced was the same. Witness accompanied the detective when the prisoner was arrested, and ho saw other goods on the premises, which he identified in Court. The value of the goods would bo about £4. Witness recognised their marks on a box of sugar and a box of raisins. Gould swear to the box of sugar to the best of his knowledge and belief. Witness asked prisoner if he would acknowledge the goods came out of Sorensen’s store, and he said “ I cannot do that.” Witness had not seen the storeman since that day, December Bth. Ho was not discharged, but was told to come the next day. Charles Brumm, storeman in the employ of Mr Sorensen, said he entered bis employ on the 9th instant, while the late storeman went away, but before that was carter. He accompanied Detective Benjamin to the house of prisoner about the 10th instant. All the goods in the Court, with the exception of the box of tea, were in the house, and were taken possession of by the detective. H. B. Sorenson, merchant, Hereford street, stated the circumstances under which his late storeman left his employ. He bad strict orders not to sell goods or deliver them without an order from the office. Detective Benjamin deposed to the arrest of the prisoner at his house in Kilmore street east on December I0:h. He had a search warrant, and searched the premises for stolen goods. The prisoner made no objection. Found the box of sugar produced, in the pantry, a box of chocolate and one of plums were in a box in a bedroom off the ppntry ; the tin of biscuits were in a loft in an old store attached to the premises, the twine produced was also in that store. Witness took possession of them, and told the prisoner that the storeman had.identified them as the properly of Mr Sorensen. He made no reply. Witness took the goods to the depot, and arrested the prisoner on the charge of receiving stolen goods. Received the box of tea from the witness Webb, this was the whole of the evidence for the prosecution, and the prisoner, who reserved hie defence, was committed for trial at the next session of the Supremo Court.

LYTTELTON. Wednesday, Decemuku 17. Joseph Beswick, Esq., B.M.J Selling Bei:k Without a License.— John Goss, boarding house keeper, Norwich Quay, was charged with a breach of the Licensing Act. Mr H. N. Nalder appeared for the defendant. James 0. Weightman, a boarder ac defendant’s house, said that on the morning of Saturday last, at half an hour after miduight, himself and others had beer in defendant’s house. The bor was ordered by a man named Miller, who paid for it, and was brought by defendant out of his bedroom. Witness was a little on the beer at the time, and lad had a few words with hie wife, who was also in the room. Defendant turned witness out of his house at half-past one o’clock in the morning, and that night he had to sleep under a tree. Annie Weightman, wife of the last witness, corroborated his evidence as to the sale of the beer, by defendant. The beer was taken out of the bedroom, where a keg of it was usually kept by defendant, □soft sitting.]