MAGISTERIAL.

Kaikoura Star, Volume XIV, Issue 749, 22 June 1894, Page 6

MAGISTERIAL.

Kaikoura, June 20. (Before A. W. Ingles, Esq., and G. E. Parsons, Esq., Justices.) ILLEGALLY ON PREMISES. James Taylor was charged by Const. Smart, on the information of Alben Close, with being illegally on the Adelphi Hotel premises at 4 o'clock on Tuesday morning, and with breaking several panes of glass in windows in the house. The offence was admitted. The evidence of Alben Close, complainant, was to the effect that about 4 a.m. on Tuesday be heard the smashing of glass downstairs, that he got out of bed, and on going down found Taylor bad smashed glass in one of the doors and one of the billiard room windows, and then got into the bouse. The man did not answer when questioned, being, apparently, too cold to speak. Got a fire on to warm the man, and gave him some stimulants. Had, in meantime, sent for Const. Smart, who, on his arrival at the hotel, tnok charge of Taylor. Had no wish to press the case. Taylor said that he left the Club Hotel shortly before 10 o’clock on Monday night, but did not remember anything very distinctly between that time and breaking into the Adelphi. Had had a few drinks. The Bench ordered payment of an ainou-ift suScient to cover the cost of the damage done, estimated at 3 ss. ASSAULT CASES. Matene Taki charged Wi Poharama with assault. Mr Mclver appeared for plaintiff. The case was adjourned and subsequently withdrawn, an adjustment of the difference between the parties being mutually arrived at, plaintiff paying costs. E. Turner charged j. Low with assaulting him. The offence was admitted. Complainant related the circumstances surrounding the committal of the offence. Defendant was fined 10s. LARCENY. Joseph Anderson was charged by Const. Smart with stealing £5 from James Taylor. 'The offence was denied. Const. Smart gave evidence to the effect that after Taylor was taken from the Adelphi, he, during the morning, stated that he had £6 or £7 on him the previous night, but that his money was gone. From information received, and suspicious circumstances coming under his notice, he bad reason to suspect Anderson of taking the money from Taylor when he was under the influence of liquor. He found that Taylor left the Club in company with Anderson. Other evidence would be given showing that Anderson had no money on Monday, but bought goods and paid cash for them on Tuesday. James Taylor gave evidence as to being in company of accused on the night of the I Sth. Recollected leaving the Club with him and one McNulty. Had £6 or £7 on him then. Did not recollect anything distinctly until he broke into the Adelphi. Had no recollection of giving Andetson any money. When in the lock-up Anderson told him that if be would not prosecute him he would restore the money. Thos. Whitty and John Brown both gave evidence that Anderson had no money on Monday, but Brown (managing the Commercial bar) stated that Anderson changed a note on Tuesday morning. Other evidence showed that accused was seen in Taylor’s company on the night of 18 th.

Const. Smart deposed to Anderson passing a note at Mr Hitchcock’s store, and another at Mr Maxton's auction sale, the transactions being for clothing. Mr Jas. Gray had picked up Taylor’s overcoat. The pocket book was in it, but only 3d left. Anderson stated that his mate should be charged as well as him. Accused, on being sworn, made a rambling statement about finding three £1 notes in the mud on the road. By Bench—Knew they were not his ; did not make any enquiry as to whom they belonged to. Const. Smart remarked that that amounted to larceny.

The Bench held that the charge was sustained, and commented strongly on accused taking advantage of a drunken man and robbing him—a very mean action. Sentence of 6 months’ imprisonment in Lyttelton goal, with hard labour, was passed.