WARDEN’S COURT, HAVELOCK.

Marlborough Daily Times, Volume II, Issue 121, 18 May 1880, Page 3

WARDEN’S COURT, HAVELOCK.

Thursday, May 13til [Before John Allen, Esq., Warden.] An application on behalf of Joseph Livingstone, was made by by H. C. Moeller for a renewal for 200 feet and 100 feet situated at the back of the Government Buildings, Deep Creek, known as an alluvial double area. The application was granted, RESIDENT MAGISTRATE’S COURT, HAVELOCK, Thursday, May 13th, [Before John Allen, Esq., R.M., and W. E. Dive, Esq., J.P.] POLICE V. ADAMS. E. W. Adams was charged “ that he did between nine o’clock p.m. on the Sth May instant and six o’clock on the morning of the Oth May instant, feloniously break and enter a certain building occupied and used by Messrs G. Pickering and Co., as an office or counting-house, situate in Luck-now-street, in the town of Havelock, with intent to commit a felony.” Mr McNab appeared for the accused. At an early stage of the proceedings the Police stated they had not been able to complete their enquiries and would apply for a remand if the evidence produced was not sufficient to justify a commital. The Bench decided to take what evidence might be forthcoming and to grant a remand" if necessary. Thomas Cawte deposed : —I am a settler residing at Mahakipawa and a partner of the firm of C. Pickering and Co., carrying on business at Havelock as butchers. I remember the Sth of May. _ Saw the accused about the premises and in that part of them which is used as an office and sausage manufactory. This was about half-past eight or nine p.m. I left about half-past nine. The desk produced belongs to the firm. It -was in our counting-house on the night of the Sth. It was not then as it now is. I had been using it myself during the day and evening. I left it open. I next saw it about nine a.m. on the 9th. I found a portion of it wrenched away. I examined it, and then went out to see my partner, MrC. Pickering. By the Bench —lt was not broken when I left the previous night. I found it broken in the morning. The iron rod (produced) was hanging up in the place where it was usually kept. Cross-examined by Mr McNab : —I locked the office door and put the key where it was usually kept. Judging from the appearance of the desk it had evidently been broken between the period of my leaving at half-past nine p.m. on Saturday and nine a.m. on Sunday. On that morning the door was fastened and I found the key in the place which I believed was only known to myself and partner. There were panes of glass broken in the counting-house window. Several of these were broken previously. The -window was fastened by a button inside and could be reached from the outside. The window opens on hinges, I remember seeing dirt on the window sill after my attention had been called to it by the Sergeant of Police. It appeared as if some one had entered by the window, there being marks of finger nails on the sill. I kept documents aud various papers in the cash-box belonging to the estate of defendant. Mr'McNab here suggested that all the books and papers belonging to the estate of E. W. Adams should be produced and stated that he was prepared to show that if the defendant was actually where he -was accused of being, the property in question being his, he was justified in being there. The witness then proceeded with his evidence and said : —I usually kept the cash in the desk. It was there when I left and it was unlocked. I had opened it several times during the previous evening. There were papers of value. I left them m the cash-box. I noticed footmarks on Sunday morning at the creek at the back of the premises both in coming and going from Dr Riley’s. I saw corresponding marks at the back of Fear’s Hotel. The creek runs between Pickering and Co’s premises and Dr Riley’s. There were similar marks at the back of Mills’ store. There was a large foot mark and there was a heel mark at the window. 13 inches would be about the length of the footmark. Cross-examined by Mr McNab :—I had to go through three doors to enter the office. The only one that was locked was the counting-house door. By the Bench :— My own books were removed. I did not miss anything next morning. Charles Pickering, a member of the firm of C. Pickering and Co. stated :—Our place of business is situated in Lucknow-street, Havelock. I remember Saturday night, Bth May. I shut up the counting-house at half-past ten o’clock. I closed it myself and locked the door, and put the key over the ledge. The desk produced belongs to the firm. It was in the counting-house that night. I locked the desk. It was all right then. We kept a cash-box in the desk. There was money in the box on Saturday night but I don’t know the amount. There were memoranda in the box belonging to Cawte. The accused was in the shop talking to me about half-past nine. He was outside when I shut up waiting fur me, He

borrowed 13s. We went together about three-quarters of a mile to Mills Bros’ paddock and parted at Mulvey’s corner about 11 o’clock. I did not see Adams again that nicrhfc. Tim three panes of glass in the window v .re 'woken by myself about two "weeks a ; --o. i he window was fastened inside by a button ; it worked on hinges and could be easily opened from the outside. Cawte and myself went into the countinghouse about 11 a.m. on Sunday The desk was locked. I don’t know how Cawte got in as I had the key of the outer door. The key of the oflicc was over the ledge. By the Bench I examined the desk when I went in. I found the side piece broken. By the marks on the desk it appeared to have been broken by the iron rod. J did not notice if the rod was in its usual place when J left baton Sunday morning it was hanging in another place. To the best of ray knowledge and belief nothing bad been taken out of the desk. I noticed dirt on the side of the window, but about a week previous I went through the window i bad not the key. I could not say if the dirt was fresh, I remember the Sergeant calling my attention to it. I saw t wo load marks outside where some one had

apparently jumped out of the window. I have had various conversations with the accused about this matter. We arc not very intimate friends. I believe him to lie innocent of the charge. Cross-examined :—The accused is often on the premises. We occasionally go through the window, I have never seen Cawte go through. By the Bench I locked the countinghouse door. The window was shut.

Servant Hogan stuted : —About half- I fiast. 11 tai tin: Sttli May instant T received ; information from C. Pickering and Co. that their cmintii.'Thous'e had been broken into ! and proceeded to the place, where T found >j the window as already described. The but- j ton fastened inside. I noticed dirt on the ;; window sill as if some one with dirty boots j' had passed in and out that way._ I examin- j ed the desk and found it in its present state. By the marks I bek'ove it to have I been broken by the iron rod. A needle i also on the top and appci7*rw* to have j been used on the lock. I saw a cash-box 1 containing money, I found footmarks | about ten yards from the crock. They appeared to be those of some one goifag'towards and from the premises. I saw n corresponding mark at the hack of hoars Hotel as if coming towards the hotel from 'Pickering and Go’s premises. I saw also corresponding marks at the back of -dills store. About twenty minutes past lithe previous night I saw the accused with others sittiiig on the Post Office stops. I spoke to them and said it time they were in bed. The accused rfterwaref* passed me and went into Mills Bros.’ batchers „ shop. From information I received I .afterwards went to look for Adams and fojmt he had gone to Canvas Town. On Mona yy I found him at Scott’s Brewery and too.' him into custody on the charge of feloniously entering Messrs Pickering and Go s premises. He denied having anything to do with it. Mr M'Nab that a remand should not be granted unless more tangible evidence could he produced for the prosecution, and urged that there was no case made out against his client. The Bench asked Sergeant Hogan if lie thought further evidence could be produced. The Sergeant said he would leave the ease as it stood to the decision of the Bench. The Bench dismissed the case, it being understood that it could he again brought forward on fresh evidence being produced. Mr M‘Nab said he was prepared to show where his client was all the time, and that rebutting evidence could have been produced if it had been necessary, TOUCH V. HUTCHINSON’. Richard Hutchinson, hotel-keeper, was charged by Sergt Hogan with supplying intoxicating liquors to John Willis and Michael Fox., when they were in state of mtoxicflh v The plaintiff pleaded not guilty, and was defended by Mr M'Nab. Sergeant Hogan stated on the 4th May, half-past S p.m., I was on duty in Lucknow Street, Havelock. I was standing outside Hutchinson’s Hotel, and could see the public bar, and boar parties rolling up against the side of the house. I saw Fox trying to make his way into another room, and heard Mrs Hutchinson say she would have them put out. Saw Willis and Fox at the bar, ; there were two glasses before them. I took up the glasses, and to the best of my belief they contained brandy and lemonade. I asked Mrs Hutchinson why she supplied liquors to men in that state; she said it was only lemonade and brandy. 1 arrested Fox and Constable Chicken arrested Willis. Mr M'Nab said he wished to know wliethere was a duly constituted Court fiiteimr on the Bth May, when an application was made by Fox and Willis to have th"ir cases heard on the regular Court day, which application was refused by the presiding J.P. The witness proceeded -It was on the supposition that the remarks used by Mrs Hutchinson applied to Fox and Willis that I arrested them at the public bar of the Hotel. By the Bench -I only noticed Mrs Hutchinson and the two men in the bar, the only noise I heard was what I have mentioned. Constable Olacken corroborated the Sergeant’s eviilence. John Willis deposed—l am a laborer resident in the Pelorus Valley. Remember the 4th May, 1 was in the Masonic Hotel that night. T remember the police entering at half-past 8. My class contained lemonade and brandy. There was a very small of brandy. Mrs Hutchinson supplied the liquor. Cross-examined—Had two lemonades and brandies, bad two rums at Fear’s, and two shandygaffs at the All Nations. Those drinks were divided over four hours. I was quite able to take care of myself. Mrs Hutchinson told some boys who were about there that it was not a fit place for them, they must go outside. Michael Eox, laborer, PM crus Valley, deposed—l remember the night of the 4th May, I was in the bar of the Masonic Hotel at half-past eight I had a glass before me containing lemonade and brandy. Mrs Hutchinson supplied the drink.

Cross-examined—l had the same number of drinks as Willis, and v/as well able to walk and talk.

Sergeant Hogan here put in the Marlborough Provincial Act. For the defence it was urged that the remarks made by Mrs Hutchinson were addressed to some larrikins who were present in the bar, and that one of them could bo produced to give evidence of the fact. Mary Hutchinson deposed—l remember the night of the 4th of May, one of the men was talking to me about his father. I had no idea the men were drunk. I was speaking to some boys who were there, and ordered them out.

The Bench considered the case proved, and imposed a penalty of 2s Cd, and 35s costs. MOLLER V. EDWARDS. Claim for £3O. Mr M‘Nab appeared for plaintiff. Defondaut admitted the debt, and judg-

ment was given for the amount claimed and costs £5 15s. ADAMS V. BEN. DAVIES. Claim for 8s 4d. No appearance of plaintiff'. Defendant pleaded not indebted. Mr McNab consented to a non-suit. Defendant claimed 9s for his day’s wages, which was granted. ADAMS V. LEE. Claim £9 10s Gd, A non-suit was entered, and defendant was allowed 8s for his attendance.