RESIDENT MAGISTRATE'S COURT.

Manawatu Herald, Volume II, Issue 95, 23 July 1880, Page 2

RESIDENT MAGISTRATE'S COURT.

Wednesday, July 21, 1880. (Before R. Ward, Esq., R.M,)' LABCENY. Frederick Perreau was charged on the information of Catherine Smith, with having stolen, on the 11th December last,a pocket-book containing 5 soverigns, a necktie, some silver, and other articles. Constable M'Anulty prosecuted on behalf of the Crown, and Mr Hankins appeared for the defence. His Worship asked Whj 'informant's husband had not laid the information. Constable M'Anulty replied that at the time the articles were lost, informant was single. Catherine Smith, wife of John A. Smith, of Moutoa, deposdd-^-I did not know the accused until lately, i when I went to his house ; last December I was servant at Mr Thynne's house ; I lost my pocket-book on the 11th of December,— l remember the date, because it was Miss Sullivan's birthday; the pocket-book was a black one, with some leaves in it, and some memoranda ; there were three or four pockets in it ; I suppose it was made of leather ; it contained five soverigns, some silver, a lock of hair rolled up in paper, Mr Sullivan's address, and a muslin tie, with laqe ends; these things all belonged to me ; there may have been a few other small things which I don't remember ; that day I had been at Sulli- ! van's, and Miss Sullivan gave me this tie; it had been at her house about a month, and as I was leaving the house she gave it to me ; I am sure when I left Sullivan's all the things were in the pocket ; I came from Sullivan's into Foxtou, and returned to Mr Thynne's house; when going to bed that night I first discovered my loss ; at 8 o'clock next morning I got up and went out to a fence I got through the evening before, to search for my purse ; when I got home I told Mrs Thynne of my loss ; last Saturday I received some information from Mrs Sullivan, in consequence of which I went to Mr Perreau's house on Monday; Mrs Sullivan went with me ; she spoke to Mr Perreau, and said I was the person to whom the tie belonged ; I don't think he said anything ; Mrs Perreau was present; she went to look for it ; she spoke very rapidly, and said, " There are so many ties alike "; Mrs Perreau was between me and the light, and I shouted, " O the lace is mine ; but you've altered it ;" she handed it to me, and I said, " My lace ! my lace ! but you've put new muslin in, and made it shorter "; Mr Perreau took it out of my hand, and threw it over to his wife ; he said we were making a grand mistake. He repeated this several times ; I think I heard Mrs Perreau say, " It's no good, you can take it "; I was^ very nervous, being afraid, as I w^i? told not to go by myself ; I know some of my work is in the tie, as I sewed the lace on to the muslin ; I had not another tie like it ; I saw the constable afterwards, and went with him to the house ; there we found the tie ; I think Perreau was there ; his wife was there ; the constable made a search ; he saw a purse, and asked if that was mine ; I said, " No, mine was a pocket-book "; Perreau then said, " I have a pocket-book, which you can see, if you like "; he opened a box ; I had my hand ready to grasp the book, but when I saw' it, it was faded, and I am not certain of it. This tie is mine ; the lace ends are mine ; I turned the edge in ; the muslin is mine ; I did the sewing to the edge on board ship, on my way out. By Mr Hankins — It was on the 11th December I lost the pocketbook ; I returned from Foxton to Mr Thynne's by myself ; I don't know whether the book was leather or not ; I suppose I owned it for 2 years ; I know leather when I see it ; it was black, but fading; there were no marks on the book ; it was fastened with elastic, and there was brass on the ends ; the book I saw at Perreau's I thought at first was mine, but the brasses were off ; I cannot swear to the pocket-book found at Perreau's ; my name was not in the pocketbook ; I did not advertise the loss of the book, nor make any further search beyond going to the fence; I had had the tie perhaps two or three years when I lost it ; it was longer when I lost it than this one produced ; there is no particular stitch in the lace, where I sewed it ; when going home to Mr Thynne's that night, no one accompanied me. I got back to Mi* Thynne's about 6 o'clock that evening. Catherine Sullivan, wife of John Sullivan, deposed — I know last witness ; she was at my house on December 11 ; she left my house about 3 o'clock ; I heard next morning she had lost her pocket-book ; I went and searched for it ; I did not see it ; on the 18th of July, my daughter told me something, in consequence of which I went to look for Mrs Perreau ; I saw her at 4 o'clock in the afternoon ; a necktie was on her ; the lace ends were on it ; I saw a small hole made by a pin or brooch in the muslin ; there is no hole now, and I am sure a new piece of muslin has been put in ; I told her if she altered the tie until Mrs Smith saw it I would prosecute her ; I sent word to Mrs Smith to come, as I knew where her tie was ; she came to my

house on Sunday, and on Monday we went to Perreau's house^ I am sure I am under no mistake, and tb?.t that lace was in my house foi* nearly two months. " s — —r By Mr Hankins--When I went to^ Perreau's house I said nothing about the pocket-book ; I think Mrs Smith did ; she said, " Whoever has my necktie has my pocketbook and what was in it ;" Perreau did not say, we should not have the tie until we proved he had the book ; I swear I know the lace by this piece of sewing across. --By are CtiuTtr-^I have always understood Mx Perreau was an honest and upright man ; Ido not know he . . claimed the lace as his. Kate Sullivan, daughter of last witness, deposed — I know Mrs Smith; she was servant at Mr Thynne'a last December ; on the 11th of that month she was at our house — it was my birthday; a muslin necktie with lace ends was given to her that day ; I saw the tie again on the ISth July ,on Mrs Perreau's neck|; I have seen the lace frequently, and cau swear to it ; Mrs Smith came front. Ireland, and arrived at our house on the 20th of October, and the tie was there until the 11th of December ; this lace is the same as we had In our house from the 20th ,of October until the 11th of December ; I did not see inside the book ; Mrs Smith put the tie inside ; I saw some sovereigns, but I believe Mrs Smith changed a sovereign after she came into town ; lam sure this was the lace; I was at Perreau's house on Monday ; I saw the necktie there; I saw Mrs Smith's book at our house; I know it was dark, and a large one ; I have not seen one like it recently ; I saw a book at Perreau's on Monday, but cannot say whether it resembled Mrs Smith's book or not. By Mr Hankins — Mrs Smith's book was a large one ; I don't think that black book produced was hers ; she left our house about 8 p.m. on December 11 ; she had left the tie at our house when she went to Mr Thynne's house ; my mother wore it several times ; I believe she wore it before Mrs Smith left the house ; she did not wear it very frequently ; I " put it away in a box after it was washed ; I did not wear it after it . was washed ; I identify it by the way it is stiched down the sides, and ly the pattern; that muslin is new ; Mrs Smith's muslin was more worn ; I have talked to nvy mother about this case ; lam certain that lace is Mrs Smith's. Constable M;Anulty deposed— l know the parties in this case ; on July 19 I searched Perreau's house f ; , I made a search in presence of Mrs Smith and Kate Sullivan; I explained to the Perreaus that I had to make a search ; before they demanded * my warrant Mrs Perreau handed me a necktie ; Mrs Smith identified this ; I made a further search, in the course of which I found a pocket-book ; Mrs Smith at first appeared to think it was hers, and looked hard at it ; she said she was looking for some marks v that should be on it, and not seeing them said it was not her book ; after leaving the premises, she said she believed it was her book. Mr Hankins declined to crossexamine. Mr Hankins addressed the Bench in a forcible speech, and before calling evidence asked his Worship if he considered a prima facie case had been made out. His Worship said so far as the case had gone, he had no alternative but to commit. ' Mr Hankins said in that case he would reserve his defence. Prisoner was then duly commited to stand his trial at the next sitting >. of the District Court at Palmerston, * bail being allowed himself in 4)100, and two sureties in £50 each.