Police Court.

Manawatu Herald, 24 February 1894, Page 2

Police Court.

(Before E. S. Thynne and J. R. McMillan, J.'sP.) Fkiday, 23bd I'erruauy. criminal. James Moss was charged that he did on or about the 20th day of February steal 2 pinafores, 2 petticoats, 8 "pairs of sox, of the value of 17a 6d, the goods and chattels of W. L. Coe. The accused pleaded guilty. James Moss was charged on or about the 20th February he did steal 2 petticoats, 1 towel, 1 pair of child's socks, of the value of 4s, the goods and chattels of Edmund Osborne. The accused pleaded guilty. James Moss was charged that on or about the 20th February he did steal 1 axe, 1 knife, 1 scrubbing brush, : 1 tin dish, of the value of 10?, the ' goods and chattels of the Salvation Army. The accused pleaded guilty. James Moss, Fred Dunn, and Ernest Dunn were charged that on or about the 20th February they did wilfully break four panes of glass in the window of a certain house in the occupation of one Robert Walbutton. Mr Ray appeared for the two Dunn's. Accused all pleadsd guilty. James Moss, Fred Dunn, and Ernest Dunn were charged that on or about the 20bh February they did unlawfully and malicious.y commit injury or spoil upon certain personal property of a private nature belonging to Bernard Spelman, that is to say to and upon certain pumpkins by then and there breaking and smashing the same to pieces, thereby doing injury to the amount of seven shillings. Mr Ray appeared for the Dunn's, who pleaded guilty. James Moss pleaded not guilty. James Moss, Fred Dunn, and Ernest Dunn were charged that on or about the 20th February they did maliciously commit injury or spoil upon certain property of a private nature belonging to one Richard Andrews, that is to say to and upon a hive of bees by capsizing the hive and scattering the-eomb in a paddock, thereby doing injury to the amount of 10s. Mr Ray appeared for the Dunn's. All the accused pleaded guilty. James Moss, Fred Dunn, and Ernest Dunn were charged that on or about the 20th February they did steal a certain rope of the value of 2s 6d, the goods and chattels of Henry Aldridge. Mr Ray appeared for the Dunn ( s. Accused all pleaded guilty. James Moss, Fred Dunn, and Ernest Dunn were charged that on or about the 20th February they did steal a peck of apples of the property of Richard Andrews, of the value of 18s 4d, growing in a certain garden of the said Richard Andrews. All pleaded guilty. The constable called Ernest Sanson who deposed — Knew the accused ; was with them on the night of the 20th. (The charges having been read to the witness) he stated they left the hotel and went to Jonson's orchard and then went to the Salvation Army house, where the goods mentioned were taken by Moss ; he picked them up at the back of the house ; then went to Andrew's orchard and got some apples and what they could not eat they threw at Webb's house; went then to Mr Coley's place ; then to Spelman's and broke his pumpkins ; before went to Spelman's got honey from Andrews, upset the hive ; went to Osborne's for water-melons; Moss took the clothes from there ; went along the Avenue and entered to Coe's clothes line, Moss and Ernest Dunn went there ; then went to Baker's for peaches, then went to Walbutton's ; Fred Dunn got a bit of rope from H. Aldridge's ; at Walbutton's Moss broke the window with a slasher ; couple of pots were shied on the roof ; he threw one stone and " did a get." By Mr Ray — Been in Foxton about 5 years ; came from Sandon ; Father in Hunterville ; had left his father 7 years ; been working at the fiaxmills and riding ; did not propose this excursion ; it was after 8 o'clock ; met the boys in the billiard room of the Manawatu hotel ; did not have anything to drink; the marker trusted the boys for billiards, but not for drinks ; think it was Dunn who proposed the excursion ; In Spelman's took up a pumpkin and rolled it down the hill ; Fred Dunn had 'some and Moss*bitofee them up ; Ernest Dunn did not touch them*; at Walbutton'a Ernest Dunn was outside the fenoe ; Moss, Ernest and Fred Dunn threw, stones ; the rope was only a small ' piece about four yards long; Fred Dunn took the rope; one of the Dunn's proposed going to Baker's for th« pfltebti

By Moss— Bid Hot propose t8 make up an excursion ; did not see me go and screw a fowl's neck : did not lift the hive off the stand. By the Constable — Moss took all the clothes in a bag. Bernard Spelman deposed— On the 21st instant noticed the pumpkins j outside the shed and smashed up;-'^^ there would be about 8 or 4 cwi. Edmund Osborne deposed— On the night of the 20th instant had some clothes ontside on the line; the next day Mrs Jacob missed them ; only some of the clothes were taken ; as far as it is known the value of what has been taken is 3s to 4s worth. W. L. Coe deposed — On Wednesday 21slj he missed a rope, and found a number of clothes missing; he identified 3 socks as his ; the value H of goods missed was 20s. Henry Aldiidgc deposed —He had lost two pieces of rope taken off his trap; following day it was returned to him by Walbutton ; he said he had cut it off his door. Robert Walbutton deposed— He saw the two Dunn's on the night complaiued of ; heard stones rattling on the house and found his door tied ; he was looking out of a trap door when a hook came down ; it was near one o' clock at night ; in trying to force door open got arm jammed ; cut the rope ; they were belting ou the house for nearly an hour, and heard some one say they " would burn us out ;" saw Ernest Dunn with a hook in his hnnd ; two panes in the bedroom window were broken with stones ; saw three boys there ; saw Fred Dunn ; found the pots ou top of the house and 20 half bricks, and a truck wheel. By Mr Ray — Knew who he saw drop the hook. Hannah Walbutton deposedSaw Fred Dunn come to the bed* room window and moved the blind ; said " I know you Cocky " then a stone came through; asked her husband to try the door and see if they could get out as she said " here's a mutiny here to* night ;'' got a rolling pin and forced the door open a bit and saw Fred Dunn at a cabbage tree pulling the rope tighter; got her fingera badly jammed ; saw Fred Dunn run across the lower part of the paddock when the door was open ; can swear to Ernest Dunn being there ; went to W. Trask's for assistance and then it was twenty minutes past 2. By Mr Ray — Heard Sanson say he saw Duff use the slasher ; it was Fred Dunn whom she saw throw the stones. Constable ftillespie deposed — That from enquiry he had first arrested Ernest Dunn, Fred Dunn having denied all knowledge stating he vipg^ home early ; told him he had. begn;^r seen at Walbutton 's place, he did not deny it and admitted he wag; along with the others and wanted j to know if the Moss had been ar- : rested ; he denied all knowledge of stealing except the rope ; next saw , Moss, found him in Martin Williamson's house ; arrested him and told . him particularly about the larcenies, the clothing ; told him had been ii- - formed he had taken all the articles home in a bag and wanted to know what he had done with them ; said he had taken nothing and brought nothing home ; asked him where he slept that night and he pointed to a sofa in the room and said he had slept there ; turned up the blankets of the bed and found the 8 socks identified by Coe ; Moss . said . they ... did not belong to him but Ms jiisttrß said they belonged to her ; brought them away and Coe identified them' ; after being in the cell a day Most admitted having taken the things ' away in a sack and left them in a paddock near the Catholic shuroh ; searched the spot with Coe and fottgd ' nothing ; last evfning Mqsi^'irai taken to the paddock and ttis£Uaid they had been taken fromVw||©Wi;lie *had put them; concluded ksj§sr|i simply telling lies about -t&jra*; afterwards arrested Fred ftp|i^fc Carnarvon he denied all of the raid, but when' he .^foj^r^^p waa all known admitted takuSg^jSt except in the stealing and asl^ppi he opuld see all the steal^gj^wiit done by Moss ; saw the lad Siiailon and from what he said accepted him as a a witness for he admitted ha was as bad as the rest, but he also denied all knowledge of the stealing of the clothing. James Moss deposed — He went with the other accused to Spelman's but destroyed no pumpkins. By the constable — Sanson »ng. gested we should go and destroy the, . pumpkins. / _, I ] Fred Dunn deposed — Did not sea Moss destroy any pumpkins. By the constable — Had pleaded guilty to the smashing g|3 j$W '*) pumpkins ; we all brought _ tne pumpkins out of the shed. Ernest Dunn deposed — Did not see Moss destroy any pumpkins* v Mr Ray addi eased the Bench pn the infliction of any. penalty rather than imprisonment, and the . qoh* * ' stable mentioned "that he had made * ' the charges muoh Jighte^-^bjan they might have been- so thafcJkh«p<.oo«ld be summarily dealt with. - . „ The' Bench Y6tifedto*ondden tod. on returning • ' v \ >^ >^ James Mos* on each of three charges of larceny was convicted and ordered to be bound over in the sum of £25 and to find two securities for 1 >ht ihu of 41910/j each to icourt

fais aflpeariiig if ordered to dd sd, for sentence to be passed upon him any time during the next twelve months. He was also ordered to return all goods stolen. The three accused were each convicted on the five charges laid ' against them and fined 403 each on each charge and were ordered to pay for damage done aud costs. The^e sums. amounted to over £11 each. One month was allowed for the fines to be paid in. The Bench warned the accused that they had a very narrow escape from imprisonment, and it was due chiefly to the manner that the charges were laid aiid the urgent application of their solicitor that fines had been inflicted in the place of imprisonment. They were urged to act upon the warning they had received and to be extremely careful in their future conduct.