MAGISTRATES' COURTS.

Globe, Volume XXII, Issue 2115, 3 December 1880, Page 2

MAGISTRATES' COURTS.

CHRISTCBTJBCH. Fbiday, December 3

(Before H. J. Tancred and B. Walton, Esqe., J.P.'s. DBirKKBNNEsa.—For this offence John Quinn was fined 10s, and Is cab hire. Mary Ann Greaves was fined 10s ; and for a first offence a man was fined ss.

Vagbancy.—F. W. Oldham was charged with having no visible means of support. The police said that he is partially paralysed, weak in intellect, and unable to work for his living. He had given himself np asking to be provided with the necessaries of life. He had been several times in gaol and once in the Lunatic Asylum. He was remanded till Monday next, to be kept in Addington gaol, and to be examined by a medical man as to his sanity. Failing to Pbovidb.—William Fabling, who was arrested on warrant for deserting his wife at Southbridge, was remanded till Saturday, to be brought up at that place. Fowl, Sikaltsg. Mark Kearvall and Joseph Hainan were brought up on remand charged with stealing three fowls, value 6s. Mr Joyce appeared for Hannam. John Grew, a cabman, living near the South town belt, stated that on the morning of November 30th he found the front door of his fowl house broken and three fowls were Bussing, Later

in the day, he looked in a cart belonging to the men, which was then near the White Hart stand and prisoners with it. There was a dog in it whioh was for sale. "Witness offered to trade for it if Kearvall, whom he was addressing, wonld take fowls in exchange. Kearvall agreed to this, saying he had just sold two pairs at the City Hotel. Witness afterwards went to the City Hotel and saw the fowls [produced] that had had been sold by Kearvall. He identified two of the fowls as belonging to him. He informed the police. Cross-examined, he said he had been told that the man had been seen hanging about the place. He suspected him of the theft, and his proceedings were the result of the information he had received. Geo. Marshall deposed to seeing Hannam in his fish cart near Crew's house about 4 o'olock on the morning of the 30th ult. Mrs E. Cookson, wife of the licensee of the City Hotel, deposed to purchasing two fowls from Hannam on ths morning of the 30th ult. She recognised one of those in Court; the other she was not certain of. The prisoners were together at the sale. Annie Joy, of the Eoyal Hotel, deposed to purchasing two fowls from one of the prisoners on the morning of November 30th. Two of the fowls in Court were those she then purchased. Detective Neil deposed to arresting prisoners separately. Kearvall said he was lodging with Hannam. Hannam said he got the fowls he sold at the City Hotel, from Kearvall, which the latter said was not true. After the arrest witness searched Hannam's house and found a large quantity of fowls' feathers. In cross-examination witness stated that numerous roost robberies have lately taken place, and he searched the house for traces of them. In answer to the Benoh witness said he knew Hannam to be a notorious thief. He bad been repeatedly convioted of petty robberies. Kearvall was not known to the police. Constable Gorman saw prisoners in the cart driving southward down Colombo street about four o'olock on the morning of November 30th. It was quite daylight. Mr Joyce, addressing the Court, said he intended to put Kearvall in the box, who would explain how he got possession of the fowls. The Bench objecte at first to allow a prisoner accused of larceny to go into the witness box, but after argument it was allowed. Prisoner Kearvall being sworn, stated that he and Hannam bought three pairs of fowls at half .past six on the morning of November 20th from a man he met in the street whom he did not know. He further stated that on the morning of the 30th ult. he did not get out of bed before half-past five o'clock, when he went out alone. Hannam had gone out previously. They met, and afterwards, at about. 6 30, purchased the fowls from the man as before stated, and whose name was "Jack." Witness did not know Jack except by having seen him a few times in bar-rooms or in the street. If two or three witnesses swear that he had been seen in the street on the morning of Nl vamber 30th, before half-past five o'olock, they would be swearing falsely. Witness, in answer to the question repeated, said he got up at four o'olock, and reached the City Hotel at half-past five o'clock. Mrs Hannam being cautioned not to oriminato her husband, said she could not say whether Keawall slept in their house on the night of the 29 th- 30th November. He and a man named Jack occupied separate rooms at the baok of the house. J. Hannam, sworn, stated that having been drunk on the night of November 29 th he went out at four o'clook the next morning. He tried several places without success, and when coming away from the Terminus Hotel he met the witness Marshal and asked him for a match. He was alone till half-past five or thereabouts, when he met Kearvall at the City Hotel. They had a drink, and afterwards walked up towards the Queen's Hotel. Witness then described the purchase of the fowls, which he said was effected by Kearvall, who got the money from him, and brought them to him in the street. He did not see the man from whom they we>*e bought. He did not know whether Jack who lodged at his house waß the Jaok named bv Kearvall. Cross-examined—He 'did not see Kearvall before he left his own house. That was four o'clock. Kearvall might have got up at that time without his knowledge. He persisted in saying that he was alone in the cart when he went down town. Being pressed, he said he would not positively swear that he was alone. He was muddled with drink, but he believed there was not anybody with him when leaving his own house or in the cart. He saw Goodwin, the bill-poster, near the Terminus earlier on the morning of the 30th than half -past five, but he did not then see either Kearvall or the man Jack, who might have been close to him without his knowledge. He was not, to bis knowledge, in Morton's Hotel with Kearvall and Jack before half • past five, but might have been, for he was drunk. This completed the evidence. The Bench considered the case against the prisoners sufficiently proved. There had been some puzzling statements made, but the fact remained that the stolen fowls had been sold by prisoners, who accounted for their possession by saying they got them from one Jack. Jack should have been produced if they wanted to clear themselves. Sentence—three months' imprisonment each, with hard labor.