S.M. Court.

Manawatu Herald, 29 October 1904, Page 2

S.M. Court.

Thuesday, 27TH Oct. (Before A. D, Thompson, Esq. S.M.) CIVIL. Smale and Hay (Mr Moore) v. R. Taylor. Judgment by default for is, costs ss. Same v. J. Taylor. By default for £1 4s 6d, costs ss. . Same v. J, Burr. By default for £1 ns 6d, costs ss. Same v. Ruahina. By default for £ 1 3s 3d, costs I2S. , , . ■ Sarhe v. Piripitera. By default for £1 2s gd, costs 16s. Same v. J. McGregor, jnr. By de* fault for £1 gs, costs 16s, Same v. J. McGregor, snr. By default for £2 2s 4<d, costs ss, solicitor’s fee ss. Same v. W. Andreasen. By. default for 16s, costs ss. C. T. Easton* v. Rore. By default tor £g 16s lod, costs 16s, solicitor’s fee 15s 6d. ' £ Moutoa Syndicate (Mr Reade) -v. H. Shearon. Claim for £lO 10s 6d. The plaintiffs were nonsuited. ’ •’ E. E. Smith (Mr Reade) v. E. Tyrrell. Judgment by default for £3 18s, costs. ss, solicitor’s fee ss. f'j ABOUT A £3 MOKE. * J,. Gurrie ; (Mr Reade) .v., A. Evans (Mr Moore). : This was a.claim for £6 5s damages or return of horse. Much tiu\e was spent in taking gvidepce,. in this case, after .whiqh an order’was made that defendant was to return the horse, or, its yalpq.£3,jtq. is if the horse is returned! within two days ; also damages for detention £l. Costs Bs, witness Bs, and solicitor’s fee £1 6s. ~ . r POLICE CASES.,. t r / f Several charges against peraoqsiibr assault and threatening language daring the progress of at the Foxton Racecourse cameupfor hearing. In most cases, the offenders were convicted and discharged.,:-The Magistrate commented strongly ,9o the misconduct,* and tendered ’ muchneeded advice. . For assaulting a referee, P, T. Robinson (Mr Moore) was fined 20s. For assault, F. Broad 20s, costs' ss, For insulting language, J. Lyons was fined 10s, costs ys;, * “ PROHIBITEDS.” James Wilson was fined 40s, costs 7s, and given one month to pay, on a charge ot procuring liquor, he being a prohibited person. On a similar charge, Priscilla Wilson was fined 20s,costs 7s. THE FACTORIES ACT ABUSED. ■ . In a case brought by the Inspector of Factories against A'. R. Osborfle, for employing girls bn LabouUDay, the defendant was fined 20s, costs 7s. CREATING A DISTURBANCES* On the information of the Police, A. E. Cunningham, for creating a disturbance in the Foxton Public Hall

during the progress of an entertainment, was fined ss, costs 9s and witness’ expenses Bs. "CRIMINAL. Archibald McLeod, alias Frank Gorman, was charged with breaking and entering with htlcnt. Accused pleaded “ Not Guilty.” The following evidence was taken Henry W. Boon; I am a clerk for Austin Bros, in Foxton, and know the accused ; ho used to live in one of Austins’ wharcs about .three chains up the river from the mill; on I* rid ay, the ,21st inst., I left_ my office about 4.55 p.m.: everything was then in order; from something 1 heard I returned about 8 p.m.; I saw one of the window panes broken, x 6 x 12; the glass was all removed except a small piece in one side : when I went inside I found glass on the table-, ami the papers all disturbed ; the bookot P.N. forms produced, marked A, was in my office when I left at 4.55 p.m. on a shelf over the table; I looked at the safe ; it was locked and had not been Interfered with ; I saw there had been a candle alight, from grease spots on table; a piece of candle was missing; looking at P.N. book now I see two P.N’s. have been torn out since I used it last, and the butts left blank ; the two forms produced marked B and C correspond exactly with the blank butts of the book and marked A; I saw a chain in the office had been shifted and a coat taken off a nail behind the door and put round the back of the chair; the piece of wood produced was laying on the ground just below the window. Solomon Bloustein; 1 am a watchmaker residing in Wellington, at present on a Visit to Foxton; on Oct. 21st I saw accused in Laing’s hotel about 8 p.m.; he was under the influence of drink and was carrying an ink stand, ■' and handed it to one of the Miss Laings; at the same time he had two pieces of paper in his hand and made some incoherent' remarks about cheques, and that he would only get a few pounds for them; I could see they were not cheques and asked him to let me see them, but he crumpled them up and put them in his pocket; -before he did so, I saw the top one for ' £2l. Thomas Henderson said he was a railway ganger in Foxton; I have > seefi accused before, but don’t know him; never saw exhibits B and C before, nor hatf them in my possession. John Kelly said he was a labourer residing in Foxton ; I live 50 to 60yds from Austin Bros, office; know accused who lived up the river-bank in a whare ; from something I was told I examined Austin Bros. Office window on the srst about 7 p.m. and found one pane broken ; pieces of glass were then hanging in the" sash ; had a look to see if I could see anyone, but could »itOt; I then went home and then to Mr Austin; was away about 20 minutes /before returning with Mr Austin; when we were returning, saw a man coming from the office winds, who made for road and went towards town; it was accused; went up and spoke to him ; was then about 150yds fftdl the office towards town; I said “Good Night'” : he said “ Where are you going ” to which I replied “ to the tow house to get my knife ” ; Austin had gone to office; I did not go back. John Forster stated he was a constabled stationed in Foxton; I arrested accused in Main street, Foxton, at 10 p.m. on 21st inst, on suspicion of present charge ; when searching him I saw him drop the two forms, exhibits B and C, behind him in the cell; I afterwards looked at them and asked him where he got them ; he said he found them at 5 a.m. that morning in ’front of Levett’s Hotel. They were alongside the watch and a dirty handkerchief. The book produced marked A I received from witness Boon on the aata'd inst. ; when I charged accused with offence, he said, “ I don’t know anything about it; I have been on the drunk.” The piece of wood produced I found under the office window where ' the pane had been broken. THE.,WATCH. The same accused was also charged with theft of a watch, the property of Thomas Henderson. Accused pleaded not guilty. Thomas Henderson, railway ganger, said-he had seen accused before, but did not know him; on Thursday, 20th inst., I last saw my watch at about "9130 p.m. in the Manawatu Hotel ; I was then comparing the time with the barman’s time; the watch produced is mine; have had it for 29 years ; know it from its general appearance; think I have the number of it somewhere ; it was attached to chain I am now wearing, when I last saw it; I missed the watch when I got home, about a quaffer to eleven, when I went to wind it up; the chain was then hanging loose; I next saw it in the hands of the Police the following night; had not given it to anyone, nor had I given anyone authority to take it ; was tiot possible for it to come off the chain without being taken oft; theie «%fes a bazaar on the night of the 20th (Thursday), and I stood outside about ,*d pan.-ior 30 minutes or so ; there were others outside at the same time ; I can’t’say I saw the accused that night at all; - never saw him - in the hotel; I had a glass or two but had my wi|s about me, and could \\ alk quite straight. Solomon Bloustein, watchmaker, of Wellington, stated he made periodical trips to Foxton; had seen accused before,;* saw him on Friday, 21st, m my Vriop, shortly after lunch; had •aeebi him in the town on two or three previous occasions ; when he came , Uto my shop he said he had a good watch, and wished me to buy it; I said I didn’t care to do so unless I did trade with one ; he said he was hard .dp and had borrowed 10s on lus watch off a friend, and if I would buy it oft Jum at an advanced price he would go and get it; I said, “you had better let m© have a look at it ’; he then went away and returned with it m a few minutes ; the watch pioduced is One he brought; it had no chain ; ’ I said it was too old ; it was practically of no value to me; he pleaded very hard for me to give him £l, as he wanted to pay the 10s hack and have something to get out of the town with ; I gave him 15s and gave him receipt

produced marked A j I wrote it and accused it; I saw accused arrested the same night between 9 and 9.30 by Constable Forster ; I handed the watch to Constable Forster. John Forster, Constable, residing at Foxton, stated that he arrested accused on Friday, 21st; he was lying down and appeared to he drunk ; 1 took him to the station and searched him ; 011 searching him, he dropped two papers behiikl him ; 1 did not first arrest him on the present charge, but on another oneat midnight that night I showed him Hie watch (produced) and charged him with stealing it. He replied “ I didn’t steal it; I found it in the front of the Manawatu Hotel at 5 o'clock this morning with the papers you got and an old handkerchief.” I received the watch from Mr Bloustein shortly after accused had hedn attested. By accused : 1 did not tell you the man was lying asleep drunk when he lost it. ■ I never saw you in the Manawatu Hotel; I told you I saw you coming out of Haywood’s Hotel at about 9,30 p.m. ; you were going towards the Hall. Accused was committed fdr trial at the next sitting of the Supreme Court at Wellington,