MAGISTERIAL.

Globe, Volume XXIII, Issue 2310, 30 August 1881, Page 3

MAGISTERIAL.

CHRISTCHURCH. lubbday, August 30. [Before J. E. Porker and J. D. Maopheraon, Esqs., J. P.’s.] Dbunkbnness. —Nelson McLenaghan was fined 10a.—James Hogg was fined 10s. — E. D. Chambers, who had been at Lyttelton for eight days for medical treatment, was now cautioned and discharged.—Jos. H. Ronton was fined 10s. —For first offences, throe men wore fined 5s each ; all with the usual alternatives. Bbeaking into and Stealing pbom a Shop. —Thomas Lambert, alias James Ashby, was charged with breaking into a shop and stealing therefrom a glazier’s diamond, valued at 12s. —Superintendent Broham, conducted the prosecution ; "prisoner was undefended. — Alex. Simpson, a painter, of Sydenham, deposed that on July 6-h ho left his shop at 5 p m.; it was looked up. Next morning, on returning, ho found the dividing bar of a back window cut through, and some of the panes of glass removed, leaving an opening large enough to admit a small man. He found a drawer burst open, and ho missed the tool (produced). In answer to prisoner witness said ho had never seen the former before he saw him in Court. The hole in the window was about sixteen inches by ten or twelve inches —large enough for tho prisoner to got through. Charles Birmingham, a boy, used to live in a lean-to next to the shop. He might sometime have been in tho shop. Tho diamond was taken from a shelf. Tho glass removed (three panes) was broken. There wore shops and dwellings all round tho shop of witness. The dividing bar of tho sash was about two inches by one inch. It had been out through with a knife or other sharp instrument. To Mr Broham Tho boy Birmingham left the neighbourhood some time ago, before which ho had been there about twelve months.—Robert Falloon, an emp oyeo of Mr Simplon, corroborate! the previous evidence, and identified the tool as one he had been in tho habit of using. In answer to prisoner witness said the boy Birmingham, though living in tho neighbourhood, had never, to his knowledge, been in the shop. There was a box found under tho window outside. The window was about three feet from the ground. Prisoner, being a short man, would probably require the box to get in and out. —Thomas Neil, a detective stationed at Christchurch, deposed that ho went to tho house (occupied by prisoner in Lyttelton street on August 26th. Ho there found the tool produced in a box in prisoner’s bedroom,—To prisoner—Had not seen him loitering about any places which had been broken into. Had seen Birmingham with prisoner in various places at night, tho former carrying a bag. Both had overcoats on, and might have had stuff under them. Had seen the boy loitering about watching what prisoner was up to. John Neil, a detective, stated that on August 26:h he showed tho glazier’s diamond to the prisoner, who said that Birmingham picked it up on the street and had given it to him. Witness had known that prisoner was doing nothing for eight or nine weeks. He wjb gathering bottles for a week or two. Ho had voluntarily made a statement to witness that he had lott eff thieving, and was not afraid to have his house searched. Charles Birmingham, aged thirteen, deposed to having lived in the same house with hie mother and prisoner for tho last three months. Had never before seen the diamond produced. In answer to prisoner witness said ho had seen prisoner do something wrong; that was at Walker, Smith and Co.’s draper’s shop —Tho Bench here, as they bad done once or twice before, recommended prisoner to ask no more questions, as he was getting out evidence damaging to himself. Bubqlaby. —The same prisoner was then charged with burglariously entering the shop of Walker, Smith and Co., drapers, Sydenham, and stealing therefrom two wooden bowls, which contained £3 7s in money, and one key, value 6s, on tho night of July Bth. According to evidence led, an entrance had been effected by removing some of the glass in the shop door. Tho prisoner was connected with the robbery chiefly by tho evidence of the boy Birmingham, who, without being allowed to see the actual committal of the offence, appeared (according to his account) to have been used as a scout. His story was supported by collateral proof furnished by other witnesses.

Anotheb Case.— The same prisoner was charged with robbing, on the night of August 9th, tho shop of Samuel Mumford, confectioner, &c., Manchester street. In this case a circular hole, large enough to admit a man, had been out with some instrument, out of a pone of glass. Tho articles stolen were nineteen cakes of chooolato, value 9s 6d, and some fruit. Tho chief witness in this case was again Birmingham, who swore that he went with prisoner after midnight on tho date named to Mumford’s shop, where, after scouting some time, he saw prisoner coming out of iho hole in the glass.—Another witness, living two doors from Mumford’s, saw prisoner tying up some things on the footpath opposite Mumford’s shop, at the time named by the boy Birmingham as when tho robbery was committed. Some cakes of chocolate were found at prisoner’s house.—Prisoner was then committed for trial at tho next session of the Supremo Court to be held at Christchurch. Shoplifting —Tho prisoner Lambert was further charged, in conjunction with Kate Birmingham, with stealing on July Bth from the shop of Walker, Smith and Co., Sydenham, three Cardigan jackets, valued at £1 6s The evidence in this case was mostly that of Messrs Walker, Smith and Co.’s manager, who swore to a jacket produced as oua of thoao which had been stolen. Three Cardigan jackets, of which this was one, were found in tho house occupied by tho prisoners. Tho female prisoner was discharged at an early period of the examination, and was then allowed to bo called as evidence. Objecting to bo sworn, she affiimed that on tho date of the plaint she did not see Lambert bring anything to tho house. Next morning, when in bed, one of her children told her there were some packets and oranges lying outside the door, and on going down B airs she saw tl emoa the table.—Tho prisons was then, for this offence, sentenced to two months’ imprisonment with hard labor. Negleotbd Child. —Charles Birmingham, the boy referred to in the above cases, was, on tho application of the police, committed to tho Burnham Industrial School for two years, to bo brought up in the Roman Catholic faith.