Supreme Court.

Manawatu Standard, Volume IV, Issue 253, 22 September 1884, Page 3

Supreme Co urt.

ORtMiNAL scrrt^da.

&AftniDA\r, Mm September, 1884. (Before. His Honor Mr Justice Rich- - mond.) STEALDTO FROM T^iJEBSpN. . Thos. Montague was charged with that he did, at Palmerston North on ' the 9th of July last, feloniously steal - a watch and* chain, the property of James Kelt. The prisoner, who ' pleaded not guilty, waft defended by Mir Hutchison. The following jury were empannelled : — T. Bunting, J. Dempsey, J. Caiman Gk Randall, W. McDonald, J. C. Greenwood, J. Jenkins, T. Price, C? Dawson, M. Aleehan, P. C. Law"son, and B. Gower. Mr Wm. McDonald vu chosen foreman. Mr Fiteherqert opened the case for; the Crown, and called the following evidence : — James Kelt, sworn, deposed he was a labourer and ploughman. He had hem employed at Poverty Bay. He was coining to Wanganui, and had to go to Palmerston North. When he grtt thero he had a silver watch and chain m his possession. Witness did not give any of l.is property away. He did not. give away his watch. - By his Honor : Remembered leaving Woodville, where he had been drinking. He had beep wording a£ Makatoku, V By Mr Hutchison :Did not remember offering to sell any of his property, . except that he had Hold a top coat to a blacksmith the following day to get away to Wanganui. To Mr Fiteherlwrt : Witness knew lie had a watch when he got to Palmerston, and the, one produced was his property. WilUam Spinke, waiter at the Hotel, Palmerston, deposed to seeing the prisoner take the watch and chain out of Kelt's pocket while he (Kelt) was lying on the verandah of the hotel on the evening of the 9th July. He told Mr Fenton shortly af terwsi rds what he had seen. Mr Fenton then called the prisoner into a sit ling i oom, but witness did not hear the con vernation. The man Kelt was the worse for drnk when became to the hotel, and witness had refused him a bed. By Mr Hutchison: Witness had been m Palmerston for ten years, and knew the prisoner during that time. He was a bricklayer, and did the duty of nightman. There whh. plenty of light, and witness could see distinctly. James Fenton deposed he was pro prietor of the Royal Hotel, Palmergton, and was such m July ladt. Ho knew the prisoner, who lives m Palmerston. On the evening of the 9th July the last witness gave such information as led to his (Mr Fenton) taking the prisoner into a Hide room, when he asked him what he had been up to. He seemed confused for some ' time, and witness told liifn to give the Watch up. The prisoner said the man told him to take the watch and give it up to him (Mr Fenton). „ Witness sent for the police and gave the watch to the constable. Witness snbnutfced ft sketch of the bar, the verandah, and the spot where Kelt lay. It wuh easily; seen from the window of the bar..-:-.. . . " ■ ':■■. -..•■ . By Mr Hutchison : Witness did not remember speaking to Kelt at - any time during the evening. Saw a mtii named Jones hit the prisoner gftev witness had got the watch . ' witness kuew the prisoner since lie bad beed m Palmerston, He was supposed to be Cdrly well-te-do, and witness had no reason, previous to this affair, to doubt the honesty of the prisoner. Had employed him regnlarlj m his capacity as a nightlliiii. . . .■ ■ ■ „ ■ • Constable: Manning, stationed at Palmerston, proved the arrest of the prisoner on the evening of the" 9th July. The watch produced he had received from ther last witness. -When taken to the lockup the prisoner said' « If I have done it lam very sorry * any how let me go." The. prisoner had been drinking, bat knew what he was doing. ' '. .; The statoment of theJiprisoner, :i which w^s taken before Ift^pn'stices at Palraerston was read. ."> •;.,.,-• '~ : i Spinks, recalled: It was about a quarter of ah hour after witness saw "the watch taken that Mr Fenton: called the prisoner , into the voom. Before speaking to . Montague Mr Fenton and witness went but and looked at the man Kelt lying on the veianhah. The prisoner waa at this time having a drink m the bar. It might have been less than a quarter of an hour. Kelt called for drinks, but had no money to pay for them. , This concluded the case for the prosecution. , jfr Hutchison, who called no evietbrice for the defence, addressed the jury at wine length. „His Honor summed up the evidence, md the jury reMred shortly after 12 o'clock returned, with a, verdict 01 guilty, and recommending -the prisf~ oner to; mercy. lav^His Honor sentenced tlto prisoner, to sjx months' hard labour. The, court then, adjourned to 10 f,m. to-day. .■;.... i/- -i-,: .- ■■■■■ •■•:; ■■' •;