Resident Magstrate's Court Foxton.

Manawatu Herald, Volume II, Issue 279, 13 August 1889, Page 3

Resident Magstrate's Court Foxton.

Friday, 9th Atfgiftt; : '*. ' ' 7 ■• ' ■ '-:.■. \' ■■ ■•■ •' "• (fetfottf 3. W. '(lowerji and if. .R RußgeJ'!,Es(ia. ) ,«LP.'V L .. . ... ''"_■: ■• >' ' CBI3RKfA'J-. .'■'■* ' '■'■*■ Geoige But!ern|)peare -1 n dtisw^r 1 to Ms bail that he M isloiiioU)fr steal certaih property .of ; t^er^Yßlivft. of iU 6d the goods and ohattels: pi George Rod:ers. ; Sergent 3| inning appeared, ..to , prosecute arid Mr Matthevs defAiided' theae'cusje'4. : # . ; . •„ -> :i-< The, .^prgeanfc decided to oi&r: ; jio evidence of «h « rharg«>, l»a*iug »jiii&pa^flrt "if 'fve h inforuiatioh. 1 The case-'wa.^ therefore dismissed..; ', ."; , Geoifge Butler w*is then charg-d \?itfe, jobbeiy ivo\u, the pyrsou of the same :>rticlos and from . George Rogers. ' George Rogers swore that he was a labourer at » oley's mill. That he knew jhe accused and saw him. on Monday alteinoon. the sth mstaut,. first at Whyte's and then at William's hotel. He had previously "been at "William's. He owned a parcel and had 1 ft it at William's, it contained a pair of dark twoed trousers, old coloured cotton shirt, one now c loured one, a l»ar of aoap, three sticks (of - £ Ju,iio tobacco, .ft« 4 12 boxes of matches. The Th« value of the lot was 12s< He got the parcel a 1 out 9 p.m f om G.f)»ge Wiliains, the owu.-tid- bein« present. He then went to the back yard. He saw ttw atieused come out the same wa> directly after him, as W'lSbVed to see if . i's'friend Jack fty&n was coming, aud the next inBtan! the accused struck him on tbe hrf pt a d knocked him down, He, fe 1 on his head against the boards of the house Whilst on the ground the accused tried to take the parcel, and he called out to Hyan. The ac-; cused and the puree) were gone befor?'Ryan; came/ He w*« jx^st rising when he came. Crosß-exannifed Uy MrSfafcthews — H© had left Coley's mill at 1.30 p.m, had a cheque for £7. He got to #pxton aHoufr s.Bo. p.m. ;^spent 17* 6d at McMillan's and cashed the cheque; kept himself pretty square on Saturday ; he, was intoxicated but not drunk },■ h«.W&falf4:f*',|ll the hotoln and spent about £1 in liquor. Slop at \Vhitttt^or ? shdU9e;:be had * drink or two ori ■.-Sunday, but did not know how tnufch titQaeyi)lk&ht&'' — left. On Monday he had more drfnW, ittid He wefit to all the hotels': He went on Monday about 9 p.m to Williams' ; ne left the ' parcel on it on the Monday morning, but left it th^re, |tut was not sure if he gave it back at the bar. On Monday he had a few shillings ' left, He was having a glass or two on Monday, anpV vhf u he went t'oi parcel in evening he had no money. He had

ft drink by himself but did not pay for it. He did not offer to sell Ryan a shirt for a shilling ; he had told Ryan he would get the parcel and dispose of it ; he had known Ryan six months ; he h-<d had no experience of gaols He had been in gaol for being drunk, but for nothing else ; he stayed at Williams' about five minutes on Monday night. He might have been in gaol about three times ; there were several people jn&e hotel bufcelid not know how m*vf; hAwwservecUal till Dal in the passage. It was a clear night and there was a moon. In answer to Sergeant Manning, he Bta£editJtat l*e, ,ym v suftcfcntly sober to know whalttj}curred ; ne was positive as to th^accused, and to having been robbed and assaulted as described, rflef had^ive^vsoma Of his money garliilG X/Yll By the Bench He took notice of! the accused as he tried to hare a ' few words with him ; he knew him , by hisj^Qe ; ( the -aOQine4> seamed to be quite sober ; he did not hear h|s voice outside ; it was sufficiently light to iden ify the accused ; he took no notice of his remarks at the bar. By dWl^N^^ ifcntse|jj the old shirt and old pair of trousers produced as his property ; the soap and tobacco are similar. By Mr MattbeWi^tfbft ihlrt he had on was the oue he had on on Saturday, and was not the one that was in the pa v cel. John Ryan deposed to having been at Wi liam's on the. night in qne?tion. JBogt-ra wanite4' ' aome f: one to buy a snW. ml AtBuV 12 persons were there. Oue man i ffered a " bob " for the lot. Five or, ten minutes after Rogers wentAut/ftcdu^ea 1 ttnd a German or Fosei^ner W^nVbnt. Soon afterwards r heard 'fibg rs call out •• Jack." He found Bogers just rising feojtn the fffOjind and he had stated He had'Jfeefl .^nbef^ed SbwH and robbed Ha who> had done it. George Donaldson deposed that Bogei^«j^edj^lA|ta ca^a of himself, and ne naoi seen acensea 1 accompanied by another man walk down the passage. George WillianJs gave evidence as to handing Rogers the parcel, both on Monday morning, when he found it feft on/f'kev Uar, and on, Monday night- J ) T Y/y^.iU-Hl Constable T«pp deposed t • having found the accused at Bracle^KTß; boarding house at a litt c before 8 a.m., dressing. He found nothing on the accused, hut under the pi low found 5 htick» of tobacco and outside the house near a step he found tbe trousers, shirt and Bonp, (produced). Bogers ideivifiei the shirt, and said he bought 'he tobacc . l'y Mr Mnttiiews Bogers was addicted to drink, but was not under the influenc of drink on Tuesday, or Monday th-^t be cou'd see. This was :he case for the prosecution - The accused on being oaft&ne^ said he had nothing t<> say. William^M^ll a labourer swore Store, on Saturday, and on h riday he had bought a quarter of a pound of nailrod ar Levien's. By the Sergeant — ,WeartF niates/ He saw accused in bed about 20 minutes past 10 on Moriday ' James O'Dowd deposed he w«s a flax mill hand, he went witlffcf^iijfefj to WiLiam's about half past 9 oriO on Monday,, but did not see him assault any one. hpy had n drink tog< ther, then acciueJ left The ho el was crowded.ia tliepasageu By the S^aßt-lHe-ttf^Ken'm Napier gaol for assault twice over the same party. He had got three months and the second time twelve mon hs, it was not »n assault like this. He was not told tn leave Palmer 8t on but he was foUowed by a constable. y^, .^_. V K ( The Ber t «k M^^^lT^T^ l^ g9^^the case would be aibmisseaT