MAGISTRATES' COURTS.

Globe, Volume XXII, Issue 1894, 19 March 1880, Page 3

MAGISTRATES' COURTS.

CHRI3TOHUROH. [Before Dr. Deamer, J.P., and his "Worship the Mayor.] LUNACY. Fatriok Phelan, charged with lunacy from drink, was remanded to Lyttelton for medical treatment. Labobnt. —Elizabeth Hanson was charged with stealing two rugs and sundries to the value of £1 Is 6d, the property of Simeon Stoddard. Mr Spaokman for the accused. The prosecutor, proprietor of the Temperance Hotel, Manchester street, said the accused had been in his service since the 18th ult. He had missed articles from time to time, but did Dot suspect the prisoner. The previous day he missed two rugs, and, on looking into the prisoner's room, he found one of them made up into a petticoat. It was one rug cut into two pieces, with the stripe at the bottom. "Witness found a knife, fork, and spoon in a bandbox, under the prisoner's bed, which she admitted to have taken. A shirt was also found which witness believed to be his. A chemise, cut out of a shirt, was also found in the same box as the wreath. Cuttings of the sheet and of the cut rug were also found, under the closet seat. Witness then gave the prisoner into custody on the charge of stealing his property. The prosecutor was cross-ex-amined at some length by Mr Spackman as to the pattern and quality of the rugs and sheets which had been taken. The witness answered the questions so reluctantly and evasively as to necessitate Mr Spackman's calling the attention of the Bench to it, and requesting that the answers might be taken down. In answer to a question whether he did not on a certain day shako his fist in the prisoner's face and threaten her, the witness swore he did nothing of the kind. Mr Spackman asked that the answer might be taken down. Detective O'Connor said he searched the prisoner's room the day before for stolen property, and found the petticoat, whioh the prisoner said she had purchased in an auction room some months ago. "Witness also found a knife, fork, and spoon belonging to Mr Stoddart, which the prisoner said she had taken out of one of the rooms. A chemise made out of a sheet, which the prisoner ■aid was her own, was also found. Cross examined by Mr Stoddard—The prisoner made no objection to her boxes being searched. "When the prosecutor claimed the shirt as his the prisoner said, " You had better be careful, that is my husband's shirt." This was the case for the prosecution. Mr Spackman said in defence that the only person who could prove where and how the prisoner had obtained the articles she had been oharged with stealing was the prisoner's husband, and he would ask the Bench to waive the rule which did not permit a husband to give evidence in his wife's favor. This only applied to prisoners on trial, and he thought was not applicable in such a CM2 as the present. The Ikiiich decided to hear the evidence of the husband, and Mr Spackman called John Hansen. John Hansen, a Swede, and husband of the prisoner, and living in Stoddard's hotel, said his wife had been a servant. She had purchased the blanket aloag with " three or four others, at Alport's auction rooms, four or five months ago. |He lived in Tuam street at the time, and when he sold his things off and resigned the house he reserved the rugs and sheets, in case he should commence housekeeping again. The shirt produced, which had been partly identified by the prosecutor was his (witness's), and he knew it by a tear in the back. "Witness's |wife gave the prosecutor notice to quit last,. Monday. In reply to Mr Spackman, the witness said he gave his wife permission to make a petticoat out of one the rugs, as they had others in their possession. She had hung it up after it was made in her bedroom, where any person could see it. Mr Spackman asked permission of the Bench to place the defendant in the witness-box to speak in her own behalf. Mr Sub-Inspector O'Donnoll objected, as he submitted it was a case of felony. The Bench decided that, although there was no precedent for swearing the prisoner, yet it did not much matter whether she was put on her oath or not, as the charge was open to grave doubts. Mr Spackman having addressed the Bench on behalf of the accused, Dr. Deamer said there was a doubt in the case, of which they must give the accused the benefit and dismiss the charge.

LYTTELTON. Fbiday, Mabch 19. [Before J. T. Bouse, Esq., J.P.I Labobny.—R. Chapman was charged with stealing £8 10a from James Perry, a shipmate on board the ship British Empire, from Auckland to Lyttelton, on the 10th of March. The evidence of the prosecutor was taken going to show that the accused took the money from a handkerchief which was placed in prosecutor's coat, the garment being in his bunk in the forecastle. The robbery was committed while the ship was on the point of leaving Auckland harbor. On the application of the police the case was remanded until Tuesday next.

CiTiii Oases.—Rogers v Ourran, claim £3 16s. Mr Joyoe for plaintiff; Mr H. N. Naldar for defendant. Adjourned until Tuesday next.