RESIDENT MAGISTRATE’S COURT.

Hawke's Bay Times, Volume I, Issue 3, 18 July 1861, Page 5 (Supplement)

RESIDENT MAGISTRATE’S COURT.

July 2xn. ■' H. E. WeblrA'. - 'Biuldiiig •’ 'Society, AfipTUition to enforce an ' "award made against the. Trustees of the. Nani er Riiildimr Rnc.iet.v hv certain Justices of X ' 'O • */ * the Peace, 30th day of January, 18Gl, when ! it was decided th/it the plaintiff was entitled to four shares upon the security accepted : by the committee. Mi’. C. Allen for’ the plaintiff ; Mr. Wilson for defendants. . Application granted; Tuu^siiyiil —process iSSUc to cinorcc the original award, not, however, to be is-' sued until the expiration-of a fortnight, with costs, 15s. ■ '', ■ - ' - ' July Bth. Thomas Masterson, a boy between nine and ten years of age, was brought before the ~..court on a charge of feloniously stealing, taking, and carrying away certain moneys amounting to A 3 55., the property of James Doherty, with which he purchased a watch from Simon Aaronson. This case was gone into at considerable length, and was fully and clearly proved. to one mouth’s imprisonment, with hard labor. July 9th. Simon Aaronson was charged with feloniously receiving and having three pounds in money, the' property of James Doherty, he, the said Simon Aaronson well knowing the said money to have been feloniously stolen, taken, and,carried away, against the form of ■ the statute in such case made and provided, and against the peace of our lady the Queen, 1 her • crown and dignity. The evidence 'of James Doherty and Constable Wiggins went to prove that they told Aaronson that the hoy Masterson had stolen the money from , James Doherty, find with that money had purchased from him, the said Aaronson, a watch, which watch James Doherty, in presence of Constable Wiggins, offered to return to Aaronson, provided he restored the money paid for same to James Doherty. This Aaronson refused to do, unless brought to court, when he offered to appear against the boy to whom he had sold the watch. S. Aaronson deposed in court that he did not receive the money at once, but received, first, one pound, then in a week after A2 ss. Both of these payments were made in the evening, A 3 for the watch and ss. for a chain. That, on; the boy giving him the first deposit, he entered it before the boy on paper (produced' in court) ; and when the boy Masterson returned to pay the A2 55., he asked him how it was he had so soon got so much money. The boy replied that he had been in Mr. Reardon’s employ, and on leav-

ing him, Mr. Reardon had settled up with

him, which accounted for his having that sum of money. That when the boy spoke,

he looked him full in the face, and certainly thought the hoy was speaking the truth. That when Mr. Doherty and Constable Wiggins came to him he refused to return the money, hut offered to appear at court against the hoy. - The case was dismissed ; hut at the same

time Aaronson received a severe reprimand from the'Resident Magistrate, who spoke to the following effect: Aaronson, I am sorry to see you before me in this. ; cpsc, the . more so,as you.have displayed such a great want of conlmon caution and prudence. l!y your conduct in ! this matter "you have rendered

yourself clearly open to punishment fur a breach of the law ; hut there are one or two extenuating circumstances in your favor. One is, that you took down a written statement of the sale on paper at the lime of the sale of the watch ; the other is, that you refused to compromise the matter when requested to return the money, and openly acknowledged the whole transaction. From the first, when I heard you had openly admitted the whole matter, the impression produced on my mind was that you were not guilty or really criminal; but "that you had brought yourself within reach of the arm of the Jaw there cannot be the slightest doubt, as I will shew you. I will read to you an extract from this book on the subject.

“ In this as in other cases, therefore, it is sufficient if circumstances are proved which, to persons of ordinary understanding and situated as the prisoner was, must have led to the conclusion that they were illegally acquired. Thus if it he proved that the prisoner received watches, jewellery, large quantities of money, bundles of clothes of Various hinds, or moveables of any sort to a considerable value/roM hoys or oilier piersons destitute of proand without any lawful menus of (inquiring them, and especially if it bo proved that they were brought at untimely hours, and under circumstances of evident concealment, it is impossible to arrive at any other conclusion but that they were received in the full understanding of the guilty mode of their acquisition. IXenco it behoves every honest tradesman, as well for the public good as for’bis dwn sake (lest be be wrongfully suspected and charged with this offence), to turn a deaf ear to alluring propositions made by strangers to pur-

dlclSO 3, “ cheap lot daitiagcd goods,” or property which the vendor declares he is “ obliged to sacrifice in consequence of a sudden pressure for ready motley.” Let the honest trader never buy except in open market, Iroiu persons whom he knows and who know hint, and he will.run no risk of standing at the bar ot a criminal court charged with receiving goods hstoic/ng them, to he stolen- ,* on the othr-r iiand, it he do otherwise, he knows the danger and the penalty, and if" convicted by a jury of his fellow tradesmen,’ although innocent, a recollection that ho had deviated from the beaten path, and failed to act with proper cautioti and circumspection, must cause him to feel that he has himself alone to blame.”

You see what the law'says on the subject. You have not been cautious, firstly, with regard to dealing with so young a boy, and secondly with regard to the hour of ; dealing. Both times when the boy called you say it was after you’r shop was shut, about leadline. Now, I hope this will be a lesson to you, for you see that the law docs not say whether you really intended breaking the law or were actually guilty and wilfully committed the crime, but applies to, the inf ringement of the statute under any circumstance. My own impression was that you were not wilfully guilty ; hut I have taken your deposition oil the committal warrant, and have had this public examination for a purpose ; for were I nut, as a magistrate, to take strict notice of every transaction like the present , if would be equivalent to offering a premium for boys to rob their employers, and squander the money so obtained. I hope this may seiwe as a caution and warning for the future. That will do, now. You may go. i