Resident Magistrate's Court Foxton.

Manawatu Herald, Volume II, Issue 279, 12 July 1889, Page 2

Resident Magistrate's Court Foxton.

Wednesday, 10th July. {Before J. W. Gower arid TV Wilson, E«q«. r J.P.'S. Thomas Shields was charged with stealing certain articles the property of Joseph Nathan at Poxton. Mr Matthew* appeared for the prisoner. Sergeant Manning appeared 'to prosecute, and asked to amend the information, so that the name should be changed from Tk,i«g the property of Joseph Nathan to the - name of Joseph Nathan and another. The case was adjourned for fl quarter of an hour to allow of a fresh kuwnnattOtt being laid. • V a On resuming, the prisoner was .ohftigea with the same offence, except that the gbotfe were the property'of Joseph Nath.%tt and afcotTMHT, Charles Walter Samuels deposed that he was manager ot the Beady Money Store at Poxton. On 27th June he missed certain aftfeles, there was a waterproof coat value 28s, pfihr of blue blankets value 18s, oilskin coat value fa 3d, macintosh value 28s, pair of gum boots value 265, and a rug value 8s 6d. The good* were hanging on to the outside of the shop. I know the accused. I did not give him or any other person authority to take these articles' away. The articles produced are certainly tfce property of the firm of Joseph Nathan dr <*?• I »* the pau- of blue blankets in the prisoner s arms, when he was running aw«> v * My attention was drawn to it from information received. The prisoner was going towards tfte wharf. I ran after him. I saw aY draper, McAlister, take the blankets frottV him. . _ By Mr Matthew*—ln the first instance I gdte my selling price*. I have other goods like tilOsa. I am prepared to say those goods were not sold to anyone. 1 am manager of the Ready Money store. He has been in my shop occasionally. He only bought a handkerchief, which he paid for. I never made any remark that I had been systematically robbed, aHd was prepared to make an example of thi» man. By the Sergeant— l identify goods M mine try toy private mark. James McAlister, being sworn, stated— l am a draper*'*" assistant at the B&tdy Money Store, Foaten, owned by Joseph Nathan & Co. I saw the accused on 27th' June, between 3 and 4 o'eioek. From in- s formation received I left the shop and rani rottttd the Post Office to the wharf and . saw the prisoner on the bridge on road to wharf. He had a pair of blue blanket*. I asked him where lie was going with those blankets. He said, lam going to take them home, I paid for them, This did not satisfy iiie, and I asked him to come back with me and show me the gentleman he had paid. I took possession of the blankets and prisoner walked part of the way_ towards the shop, then as I got on the bridge on the fflflin road I gave the blankets into possession of Mr Samuels. The prisoner walked away. I made no attempt to retain him. The blanket produced is the one I found , in possession of the prisoner, and which I handed the constable. Immediately after ! I gave the blankets to Mr Samuels, I went Ito Mrs Collins. I received information > there, and in consequence I went to the ; i back of the Post-office, but I could not find ', : what I was looking for. I saw a coat found • subsequently lying behind a tree at the back of the Post-office. I took possession of it. Oilskin coat produced, identified. That coat I placed outside the store on the 27th. It was not sold to anyone. I never gave the prisoner any authority to take the goods. By Mr Matthews— The prisoner told me he had paid for the blankets when 1 asked " him what he was doing with them. I took them away. There were Mr Samuels, myself, and a boy in the shop. I have no* missed a lot of goods to my knowledge. I ran after the man because I was told a man bad taken the blankets. I went after the accused, I had no idea that other things were stolen. ' > By the Sergeant— The prisoner thoufte he said he bad paid for the blankets, ?Sjf.,..j i not make any claim for them. Sarah Collins stated— l am living with , my mother at Foxton. I remember a Thursday at the end of last month. I have seen tbe prisoner before. I saw him on Thursday afternoon. I first saw him coming from Hunter's Hotel towards the Heady Money Store. He was then on horseback, I saw him come down the road with Mr Marley. After this he came up the road towards the Beady Money Store, walking. : I saw him take an oilskin coat jacket off f one of the nails at the end of the store, he looked at it, put it over his arm, and walked away with it, towards the back of the Post-office. I saw him put the coat • : behind the willow tree, in some branches of - a pine tree lying there. I was standing at my mother's door, which is just across ' the road to the Ready Money store. I showed 1 McAlister where the coat was, and he took > it away. Coat produced is similar to the one I handed McAlister. I think the prisoner is tbe man. I have no doubt I saw prisoner after he had taken the coat come past the store again, pass it and return and take a blanket off the nail, a large blue blanket. He walked away towards the wharf. I saw Mr McAlister follow direct tion of prisoner. I saw him return with • the blanket in his hand. ■ By Mr Matthews — I was doing nothing ' that day. I was standing at the door when . I first saw the prisoner. He went up as far as Bradcock's, and I went inside. When I came out again he was coming • down the road with Marley. They went to . Hunter's. The prisoner was under the inflence of liquor when he passed by. I dja not think |he was stealing it when I saw ' > prisoner take the coat. I absolutely swear > that I saw prisoner take the coat and bine , blanket. ~ ' ' ■ - - • Annie Ferreau stated— l remember 27th June. About four in the afternoon I was > walking near the R. M. Store. Ido not ' : know that I ever saw accused- before. I [ saw ii man take d.wn a large blue blanket from the R. M. Store. He put them under his arm and walked towards the wharf. I 1 ran across and told Mr Samuels something. ' Mr Samuels and Mr McAlister came out . with me and I showed them the man that [ I had seen take the blanket. The man was down the street by the wharf. Mr McAlis--5 ter went to the man; I said there he is. I 1 saw Mr MoAlister afterwards with the hhie blanket. Wiiliam Henry Howe deposed— l am '» flax hackler. I saw the prisoner on the 27th June about 6in the evening. He was in front of the R. M. Store by the window. , I', saw him catch an overcoat and make a pull to get it down. It slipped and he made a run of a few yards. He went , back to the coat and succeeded in in pulling down, put it under his arm and ' ran off as hard as his legs would carry him. ■ I was on the opposite side of the street in 1 front of Young's office. He ran towards | the wharf. I went into R. M. Store to inj form them of what I had seen. This was Samuels aad McAlister. MoAlister and I 1 then went outside, I followed in the direo- < 1 tion I had seen the aooused running. I got. within a chain of the accused on the bridge in the street to the wharf. I saw him planting the coat I had seen him take from the store, on the side of the railing of the bridge. I went towards him, he went

towards the wharf. I overtook him am «tked him if ht had just come down thi toad, and he replied ye.-?. lie tf&id that h "had not noticed anyone sotting dowft iha road. McAUster &cMt%_ne *p. —eAliste accused, and myself walked back toward! the bridge where the coat wfts hidden. : drew Me AllisWa atteWtion to the coat am gave it to him,.* Identify the coat pro duoed. The prisoner had had a gte& o: ' two, but ta knew what he wai doing* I By Me Matthews— l f o Itowed the acouset I only risked him if fo nad seen any., on go by, to keep him, ■ I have dealt with th< B. M. Store. ■" ; I An unfortunate scene here took glace, There had heen.a great deal of interruption by the prisoner's counsel with the Sergeants examination of this witness, foi which he had- teW tailed to order by the Bench. The Chairman's patience was fairly exhausted.- and rising, stated that the Court would be adjourned as, addreastng Mr Matthews, you have treated \1& -as a couple of fools. "Ur Matthews— l cannot help that I cannot say you are not what you say you are. On resuming Mr Gower called upon Mr Matthews for an apology. Mr Matthews objec ed requiringto know what tiie words were, and if they had been *_rendown. If they had an objectionable form he might then have apologised. Mr Wilson recommended Mr Matthews to think over the matter. . ' . Mr Matthews.then apologised for mferriiig their worships were a pair of fools. ' Mr How* Mtttua examined by Mr Sfatthews-fl identified the coat by toe check pattern. The coat is the same as I saw planted. The constable only took dotra the evidence I.had to give. ' By the Sergeant—There is no. reason for imputing any improper conduct to me. I considered it tny duty to follow the prisoner and that was my only reason. Thomas Collins stated— On Friday 28th June I was eqming up from the wharf about half past seven, I saw {some things on top of a gorse lash* TbJMp wa« a rug and a pair of gum boots, fctyiokkhein up to Mr j Samuels t_n)qi*K thfey Were hi 3. Boots «nd rug identifiwU I have never taken other _jngsloMr Samuels. Cfeorge Amos Tapp stated on 97th June I reettved Borne property at the U. M. Store, from Mr f Samuels and* they are same as produced. l%fc received information of h% robbery ftbdot 6 p.m. on 27th. I arested the accused,, he stated that "I did not do it, you make a mistake ; I don't know anything about it." ■ • - ' : • This closed the case for the prosecution. The usual caution having- been read to the prisoner he replied, ■■" I say nothing." Mr Matthews argued that when the amount is under £s^' it rests with thsprisoner and not with the Bench to say whether he shall be dealt with summarily or not. He asserted the prosecution was frivolous. He asserted that the taking of the articles was not larceny/ it had to be proved that prisoner -took the things with a felonious intent. Walter Marley stated I am a clerk. I rknow accused and saw him on afternoon of 27_,June. He was at Whyte's at 4 in tbe afternoon when he was so drunk he twuld not sit in his chair. As he was going he said he was going to have a lark with old Samuels-.- I went to Hunters with him t and did not see him again till six o'clock. I asked him < how he felt then, he said, nearly all right. By the Sergeant — I am clerk to Mr Matthews. I knew accused the Sunday Tjefore this occurred. I have not been pn terms of intimacy with during this time. He did not say what his larks with Mr Samuels were going to be. I do not A know what he was doing between 4 and 6. s* By the Court — I saw accused ride to Whyte's just before 4. The charge having been again read, the prisoner was asked which he elected, -whether to Wdealt with summarily or sent to trial, the prisoner elected to_J&e dealt with summarily. • .".v The Bench having conferred stated they found the prisoner guilty and he waß sentenced to $iree months imprisonment with hard labour.