MAGISTRATE’S COURT.

Hokitika Guardian, 2 October 1924, Page 3

MAGISTRATE’S COURT.

TIJURSDA Y.-OCT. 2nd. (Before W. Aleldrum, Esq., 5.. M.) LICENSING ACT. The police charged a local resident with being on licensed premises (Railway Hotel) alter lioiii-k. Defendant pleaded not guilty. After hearing eviik'iue of Const. Anderson and the defendant, the latter’s explanation was incepted and the charge dismissed. A similar charge against a resident ol Woodstock (Royal .Mail Hotel, Woodstock) was heard, (leleiidant not appearing. Convicted and ordered lo pav costs 7s. I NCI) AIK,TAX RETURN. The Commissioner of Taxes (Air Park) charged ,1. 11. Stapleton with lailure to send in income tax returns. 'Air Park stated the return had been sent in a month late. Fined £2 and costs £5 IPs. DEBT CASKS. AL Cushionn (Air Murdoch) v. Robert Brown, claim L2 lls sd. Judgment for plaintilf with costs 18s (id. Ollier debt cases and two judgment summonses called were settled. C.UAROK OF THEFT'. The police charged William Hudson, a lad just, over Pi years of age, with I leaking and entering, near Fox’s, a hut. lied Healing therefrom a gun. a rug. -carl and other articles of a value af L'll lls (id. (he property of Heine Olderng. Mr Welis for the defendant asked that the charge he reduced to sec of tin'll. The dclendaiit had gone lo the iiut at night and slept there, and in the iiiorniiig bail given way to temptation and taken (lie articles, lie was picparcd to plead guilty to the •liarg,' ol 111 It il t!i" burglary charge was dropped.

In answer to the Magistrate. Sergt. King said lie would pieler to call his •videlice, and leave it to his AAorsbip [»> decide what was the best course to

Joint Bradley deposed lie was a fanner residing at Arahuia. lie knew Ihe aceu-ed. Saw him at mi Sept. t-’Mi. al Arnlicr.'i bridge, when lie said b • was going I > I Biller's .Mill mi the old [ 'hri-,!• Imreh road. It was about T p.m. II" e a . can yin;; a ■ mall bag slung over hi: Hiniilders. Saw lion next dav he- | v.'ee ll ID and I] a.m. He eatlie down lo tho liver where witness was winking. and was lot then carrying anything. lie slaved about an In nr and [|i"n ern—-ed the Arnhurn hi idge going Inwards the Three Mile. To Air AYells—lf was about 15 idles from Hokitika to Duller s A,ill. Const able Best deposed lie was stationed at Hokitika. On Dili. Sept, witless was cycling along tbe old Chrisllinrele ruiid. About hnll'-:i-mile past [he Aralmra bridge sow the aeeii-ed ,valking towards Hokitika, and was

carrying a suck containing something. \Wnt mi as far as Fox's road, and then

I, ,ardeil Alaifroy's timber locomotive, anil came hack along the him. Ohlerog’s hut is at the corner of the old Chrislehiirb rood and Fox's road. Coming along the l-ieo stopped "il the bridge and nicked up licensed, lie nut Ids hag in the engine. Tt looked like what he was carrying previously. When they reached the Three Aide there wore al >ard the driver, accused

;iP‘l willies*. Henry Olderng demised he was a roadman living at Arahura. He had a Imt at Fox's. He used it sometimes 1,, live iii. It was fully e.'pnppcil amt ready far occupation. Aisitod.il two months ago. Left the Imt with Ha d im- r.adhieked. and windows fasten.. I from inside. Oil Sept. Mill, again visited the hut. Found the hack window was out of the lean-to. The window of the Imt was broken and Hi" door was iniaii. Tbe brink ill tb" window was big enough for a man in get through. AVent inside and missed ;i ihmv lcaiHM* iiiatuvss, pair .-'purs. 1 double barrelled shot-gun. scarf, I'lank"i axe. whistle (articles except s'mirs. mattress .axe and whisths produced and identified). Gave no authority to anvmm to enter the hut or lake the articles away. Last Friday saw accused at Aralmra and lie said:—“l ve got your things.” and that they were at Mimnimi. To Mr AYells--Accused was quite mien nhjut iL when he said lie had the tilings. To ihe Bench—Valued spurs at 12s Od. axe 12s (id, kapoc mattress at .71, whistle at ss. All were in good order.

AVilliain Ohlerog deposed he was a farmer at Aralmra. lie knew the -roods produced in court were m Ins brother’s lint at Fox’s. On Friday hirst accused "came to the home of witness. Me said lie had seen ill the paper that witness had lost same things and he knew where they were and the man who took thine. That he would bring them hack to avoid any more trouble, as witness had been very good to him at the time of the Mood when he was washed out. AA'itness told him that it was his brother Henry who had lost the things, and he had put the matter in the hands: of the police. Accused said he had the things at Mauanui. Identified the articles produced as the property of his brother. diaries .1. King deposed he war Sergt. of Police at Hokitika. On 10th. September he received a complaint from Henry Ohlerog that his lint hail 1,0011 broken into and entered, am g, ids stolen. On Fiidav last in com jinny with the two Oldorog’s the ac oust'd os*me t > the police station an* made a statement (produced) in "hie!

accused stated ho went to the hut with one, Clarke, that they forced the windaw of the lean to. that accused declined to stay there and went further on. Next morning came Lack and with Clark hoarded the locomotive with a hag. He did not know what it contained. That at ALinanui. before going away. Clarke told accused that there was a sack of things in his hut and he could have them. Took the sack to his lint and saw the articles produced, which he then thought must he the articles missing. Next morning, continued Sergt. King, accused brought in the articles produced. From enquiries made Witness was satisfied that Clarke who is in Invercargill, was not in the district at the time mentioned by accused. To Mr AYells: AA’heti accused signed

tbe .statement, the Olderogs were present. Was satisfied that Defused did not realise the seriousness of tbe charge, by bis demeanour. In bis opinion be was more than foolish, lie was simple. After consultation with Sergt. King his Worship decided to amend the information to make it one of theft of the articles, and to deal with it -summarily.

The accused then pleaded guilty lo the ebarge of theft. Air AN ells stating tlmt the accused knew nothing of tbe spurs, axe, whistle or mattress. His Worship said the accused was only a boy ol* Hi years of age, but lit could not deal too lightly with a ease like this as protection must be given to property in lonely places. Accused would Ire convicted and ordered t-o come up for .sentence in 12 months, and ordered to pay costs of tho missing articles £5 18m, ami m*,ts of witnesses, CJ 5s Oil, a total of £G) Is Oil, a month la-in a allowed to pay. He wnfl also ordered to report once a month to the Probation Officer.