RESIDENT MAGISTRATE'S COURT.

Manawatu Herald, Volume I, Issue 88, 4 July 1879, Page 2

RESIDENT MAGISTRATE'S COURT.

♦ FOXTON. Wednesday, jTrr,r 9. (Before R. Ward, Esq., R.M., and J. P. Rockstrow, Esq., J.P.) DRUNK. Duncan Martin, who appeared to be suffering from the effects of a drnnkeu bout, was charged with being drunk and incapable in Foxfcon on Tuesday last Prisoner admitted the offence, and was fined 10s, or 48 hours' impisonment. The constable stated that Martin had been fined 5s for the same offence on the 24th June. HOUSEBBEAKING. . Arthur Cook was charged upon the information of Constable M'Anulty with breaking into the shop of R. Q- Palmer, on Monday, June 3>, with intent to commit a felony. Countable M'Anulty conducted the prose - oution, and Mr M'Lean appeared for the defenoe. A. J. Whyte deposed — About 20 minutes to 10 on Monday evening, my attention was called by Taylor, the ostler at my stable, to the fact that some one was in Mr Palmer's shop ; I stopped and listened, and heard footsteps. By the Court — The parson had his boots on. Examination continued — Constable M'Anulty was passing at the time, and I drew bis attention to the faot that some one was in the shop, as I had to go back to the hotel ; the coustable had to go to the Railway Station, and asked me to get some one to watch the door; I left the waiter and young Blake to watch the shop door ; 1 lent my spare keys to try to open the door, but they could not succeed, as the key was inside ; I broke open the door, as it was thought Mr Palmer might be ili inside ; I had previously sent a man on horseback to Mr Palmer's for the key ; I found the aooused in the office at the side of the shop ; he said in reply to me, that Palmer had looked him in ; his boots were off ; I asked why he did not answer instead of making me break the door open, if Palmer had locked him in ; he replied he was as deaf as a post ; he was immediately taken charge of by the Constable ; the accused ttied to snatch the key from Mr Hulke ; Mr Flower

took it Jout of Jthe door ; there were 6 or 8 ii people present; I did not come to the a watoh house with accused j Mr Palmer was not present when the door was forced ; I t sent Mr Coley on horseback for the key. jj Cross examined by Mr Maclean — I was £ the first who saw accused after entering the builcVnjr ; he was not ?n tho shop ; both shop and office are in the front ; he was lying down us if asleep ; about 15 minutes elapsed between the time when I first heard footsteps and the time when the door was broken open. By the Court— l found no ona elso there: there is no back dooor ; no one ceuld get out except by the front door. Charles Hulke, head master of tho Foxton school, deposed — On Monday evening last, I was at M r Palmer's shop, having heard some one was inside ; I did not hear them inside, but as other people had heard them, I tid vised them to break the door open, as we had tried it with other keys, but could not open it, owing to a key being already in the lock, on tho inside, which we saw by applying a light to the key hole ; the door was broken in ; we went in s— that is, Constable M'Anulty, Mr Flower, and Mr Whyte; I followed with a lantern- there was no one in the 9hop ; the three others then went into the office; and in a few seconds brought out the accused ; I did not go in there with them, but simply stayed at the doorway, and held the lantern ; the accused had his boo's off, and immediately put them on ; Mr Flower took the key out of the door, and I tried it to see if it would work, and it unlocked the door from both siies ; I can't swear if that is the key ; it was similar to the one produced j the constable then arrested accused, and asked me to come up with him to the watchhouse 1 , I came, an i he searched accused, drawing up a list of things found upon him 5 I see the things on the table ; they Were found upon him i they were — 1 amber mouthpiece, 1 pocket knife (new), 4 cigars, 1 key ticket with " old Bink of New Zealand, front key, 3-6-79," marked upon it ; 1 conversation c.:rd, 1 memorandum book, 1 locket, 1 ring, and some wadding ; a number of parsons came into the watchhouse, and I did not notice any sul'sequent remarks he made; after he was arrested, at the shop, accused said ," You can search me; I have taken nothing ;" he also said, " I suppose I shall be committed for trial." By the Court — He seemed very strange, but I should say he was sober ; I never smelt anything of drink in him ; he looked very white when he came out, but I thought that perhaps he had been smoking, which would make him white ; he looked scared. B 7 Constable M'Anulty — He said the key was his, and put out his hand to take it. By the Courb — When he first came out he looked frightened, but afterwards he seemed to get eccentric ; a man or boy may act in a way quite different to his ordinary life, but it is difficult to explain it ; he left my school about 2 years ago ; I have always known him to be a good, kind, attentive, and wellbchaved boy ; he has always borne a good character ; he is between !6 and 17 years of age, Robert George Palmer deposed— T. left my shop on Monday evening, about 8 o'clock ; I locked the place up when I left, and took the key with me ; [ left no one in the shop ; I was called by Mr Coley after 10 that night, and went back to the shop, previous to which I gave Mr Coley the key ; on my arrival I found the door open, and several persons inside; accused was amongst them ; 1 afterwards went to the police sta ! tion, and saw accused searched ; I recognise the articles produced as being similar to those found upon him j I have articles similar to those produced ; the mouthpieces are all marked similar to th.it produced ; to the best of my belief the figures on the mouthpiece were made by me 5 they are like my figures ; I have conversation cards and cigars like those produced , I sell knive3 similar to the one produced, but they are not mirkod, and I would not miss one if it were taken ; I have ha-i occasion to borrow a key from Mr Thynne in or.br to op=m my door; I lost- my key on New Year's day, and I borrowed one from Mr Thynne the day after : there was a ticket upon it then, but not like that produced ; I believe he has htely been in tho employ of Mr Thynne. By the Court— l know accused very well, and always have considered him a good lad ; I have known him for three years ; I should think it very unlikely ha would break into a house to steal ; he is not in the habit of drinking, to my knowledge; so far as I could see he had not been drinking that night ; I never gave him permission to sleep in my shop ; the door between the shop and office is left open at night. By Mr Maclean — I have been on intimate terms with accused ; he has on a few occasions bought small things from me, and once or twice he has bought cigars ; I never found the key I Io3t ; I did not buy a new jock, but got a fresh key ; the koy produced is not the one I lost ; that before me is like the one I borrowed from Mr Thynne. Constable M'Anulty deposed — From information received, I went to Mr Palmer's shop on Monday evening; I met a few townspeople there; Mr Whyte in my presence forced the front door open ; I saw a key inside ; the door was locked j after getting in, I went with others through the shop into the office ; I looked around the shop, and saw no one ; one of the bystanders had a lantern; accused wai lying down iv the office; he appeared to be asleep; I looked at him for a moment, but some one oalled out his name, and he opened his eyes and said " that stupid Palmer locked me in;" when he w:>ke up, it looked as if ho had been pretending to be asleep, as it wus too sudden ; his boots were beside him, and his cap was off ; he persisted in saying he was locked in ; I then arrested him for being illegally on the premises with intent to commit a felony ; a short time afterwards lie said he supposed he would be commited for trial ; he was greatly excited 5 he was rambling, and made remarks that I don't think he j would do at any other time ; he appeared soared ; I should say he had not been drink ing ; there were no signs of drink ; every one gives him a good oharacter ; I swear this key was taken out of the door; he snatched it out of the hand of one of the bystanders, and tried to fling it away, but I took it from him ; I took him to the watchhouse, and searched him ; the articles pro* duoed were upon him ; I tried this key in the door of one of Mr Thynne's houses,— that known as the old Bank, — and it fits ; 1 know the boy "as employed by Mr Thynne ; he remained in the lock-up that night ; the morning after the arrest he seemed thoroughly broken-hearted over the affair ; he was crying, and said he went in, intend- ■ ing to take a cigar or two. By Mr Macean — That was all he said j he was locked up without a warrant ; I believe he is a half-caste. This closed the case for the prosecution. Mr Maclean said he understood his Wor- 1 ship to rule that he had not summary jurisdiction in the matter. ', His Worship said that was his view. Mr Maclean would like to know whether the Bench considered a prima facie oase had been raaie out. He bad evidenoe of character to bring forward, and also that of i the boy's father, as to his demeanour ; but t if the Bonoh intended to commit him, he would reserve his defence. The usual caution haying been read , over, accused reserve 1 his defence. He was then committed for trial at th« next <

tting of tho Supremo Court, to be holden \,t Wanganui in October next. »» Dail was accepted, Mr Cook on behalf of ho accused, Ik being a minor, in £60, and Hosara Thynne and Reeve ; as 'sureties, in 850 each." ' - Before leaving the Court, "the accused laid to the Bench— l did this thySg, but E yont do it again ; this is the first anTr 1 ]«*t> " ;ime.