RESIDENT MAGISTRATE’S COURT.

Kumara Times, Issue 1494, 12 July 1881, Page 2

RESIDENT MAGISTRATE’S COURT.

Monday, July 11. [Before H. A. Stratford, Esq., R.M.] CIVIL CASE. 0. W. Anderson v. James Wylde.,— l Claim for £7 6s 6d.—On learning that both parties were shareholders in the same company, his Worship stated that he had no jurisdiction in the matter. [Before H. Ai Stratford Esq., R.M., and J. O’Hagan, Esq., J.P.] LARCENY. Barbara Weldon was indicted that she did feloniously steal, take, and carry away from and off the person of Dominick Hatchet, of Kmnai'a, on the 9th July, one £5 note. His Worship (to the prisoner): What have you to say—are you guilty or not guilty 1 The prisoner: He gave me the £9 to get change. Sergeant Eramerson conducted the prosecution. He called

Dominick Hatchet, who, being swOrn* said : I reside at Dillman’s Town. I am a miner. I know the prisoner. I saw her on Saturday night last about ten yards this side of the Tramway Station in the Main road, about 8 or 9 o’clock. She asked me for sixpence for a drink. I gave her a sixpence. In pulling oat the sixpence I also pul led a £5 note out of ray waistcoat pocket. The note was on the same bank as this note (£1 produced) which is the Union Bank of Australia. I had had it in my possession about a week. Alter giving the prisoner the sixpence* I returned the note to my pocket. The prisoner saw I had the note. She then took hold of me under the coat. I did not then think of the note. I then left her, and came as far as Seddon street. I missed the money, as soon as I got to the corner. I returned and tried to find the prisoner. Not finding her, I went to the police and reported, I did not give the note to the prisoner. I did not know the prisoner; ■ had never spoken to her before in my life, and did not know who she was. I only knew her by hearsay. S: S. Pollock, being sworn, said ; I am a storekeeper, at Kumara. I know the prisoner. I saw her on Saturday evening last* between eight and nine o’clock, at raj store, in Main street. She paid me for a dress which she had ordered that afternoon. I noticed that when she came in there was a man with her on the verandah. I gave her the change in her hand. I recognise the note produced as the one I took from her and gave change for. I sent out for the change. Mr Fitzsimmons brought it and paid it in to me as part payment of a debt he owed me. William Upham, being sworn, said : I am 12 years of age. J know the nature of an oath. I am in the last witness’s employment, in his store. I saw the prisoner in Mr Pollock’s store on Saturday evening last, about eight or nine o’clock. I was present when prisoner bought a dress and some other articles. Accused produced a£s note, I went oat to get change for it. I got

the change at Mr Fitzsimmons’—five single notes. Mr Pol loot returned her four single notes and half-a-eroWn or three shillings. I saw the prisoner take the change and leave the shop. Hen ry Fitzsimmons, being sworn, said: I am an hobd-keeper, in Seddon street, Knmara. Ido not know the accused. The last witness came to my house and changed a£s note. About two hours afterwards I paid Mr Pollock £7 Is, the £5 produced being a portion of the money.

Sergt. Emmerson, sworn, said : I am Sergeant of Police, stationed at Kumara. Between 8 and 9 o’clock last Saturday evening, the informant came and told me he had been robbed of a £5 note. I went with the informant, and found the prisoner in a hut on the Main road, near the Tramway. I charged her with stealing the money from him, and she denied it. I searched the hut carefully, but could find nothing. I took the prisoner in charge to the watchhonse, searched her, and found only 7s on her. The prisoner asked me on the following day what I was going

to do with her now ? I said 1 did not know. She said the man gave me the money, and more to it.

The Bench (to the pri-oner) : Have yon anything to'sav ? The prisoner: The inforniant gave me the £5 note to get change. I gave him £4 hack again. The Bench : Have jron anjy \Vitnessess The prisoner : Not a witness in thd world. The Bench : Yon are convicted of having stolen a £5 note. You are sentenced to thbeo rtiCutli§\ imprison, rrieht in Hokitika gaol, with hard labor. [Before H. A. Stratford, Esq., R.M.J WYLDE V. SIMMONS. This was an by a resolution of the Boroiigh Council of Kum l ara, to oust from office as Councillor 1 George Simmons, serl., who had become incapable of being a councillor; and the Town Clerk (James Wylde, Esq.) had been instructed to proceed against Mr Simmons-. The affidavit was as follows:

I, James Wylde, of Kumara, Towii Oletk, make oath and say—--Ist. That one George Simmons; on the 10th day of January, Isßl, was elected td fill an extraordinary vacancy in the said Borough Council; 2nd, That he, the said George Simmons, has since, to wit on the Ist day of June, 1881, become incapable of holding his office, inasmuch as the said George Simmons’ name does not appear on the Burgess Roll Which came into force dn the Ist day of June, 1881, he not being enrolled in respect of any rateable pro l pcrty in the said borough. 3rd, That the said George Simmon 8 persists in attending the meetings of thd said Council and Voting thereat. James Wylde. Taken and sworn before me at Kumara this sth day of June 1881; H. A; SthAtEord, Resident Magistrate. His Worship : Have you any cause to show why you should not be ousted 1 George Siffimonsj sen., said he con l sidered he held his seat as legally as any councillor. But to save expense (which he could not afford) to himself and to the borough he had resigned hia seat. His Worship: If you have placed your resignation in tile bands of the Borough aiitliprities, (he matter is entirely out of the hands of the Court. Mr Wylde stated that Mr Simmons* resignation had not beeil accepted by the Council } andj the summons having been issued before Mr Simmons sent iri his resignation, he felt bound to pro l ceed; After inquiry whether the Council would meet again before next Court day, and being informed that it woilid meet on Thursday next, Hia Worship said he would, with (he consent of both parties* adjourn the case until next Court day; Case act l journed accordingly till Monday next, the 18th iust., at 8 p.m. Tuesday, Judy 13; CIVIL CASES; W. Heinz v. W. Magee.—Claim .£9 2s.—George Anderson who appeared for William Heinz, stated that he offered last night to take £5, and let defendant go. [Defendant had pur-' posed proceeding by this morning’s coach to Christchurch.] He was not now willing to accept £5 in full discharge of the debt.—Judgment for' plaintiff for amount claimed, with costs;

Elizabeth Cooper v. William Magee,—* The defendant pleaded that he waa not indebted. Elizabeth Cooper, sworn, stated : Defendant’s wife borrowed £5 from me last June j it was to go towards paying the expenses of a house defendant was building; I have no acknowledgement of the amount.—Defendant stated that he had forbidden Mrs Magee to borrow money.—George Anderson, being sworn, said ; The defendant told me several times, once yesterday* that ho had borrowed tho money from Mrs Cooper; He said “My wife borrowed the money, but I never intend to pay Mrs Cooper.’ 1 Elizabeth Cooper re-called; Defendant said to her—“ My wife is living with another man ) you can go to him for it;”—William Magee, sworn* said : I forbade my wife to borrow money from anyone, previous to past June twelve months. At the time I forbade her borrowing money, she was living with me j she had as good a home as any one in New Zealand, and all the necessaries of life at- my expense. I knew of the loan three days ago, when Mrs Cooper asked me for the money. I had heard of it before, but did not recognise the debt, as I forbade ray wife to borrow money. —The plaintiff was non-snited. Griffin v. Ryder : A claim for £lO Bs. Judgment was given for £9. Heinz v. Magee.—This was a judgment summons.—Defendant was or-' tiered to pay forthwith, or, in default* to be imprisoned for one mouth.