RESIDENT MAGISTRATE'S COURT.

Manawatu Times, Volume III, Issue 111, 28 January 1880, Page 2

RESIDENT MAGISTRATE'S COURT.

Saturday, .January 24, 1880. [Before the Jlesident Magistrate.] PER J PHY.. Joseph Russell was charged upon the .7 information of Constable Qillespje. with having been guilty pf wilful and corrupt perjury during the. hearing of a,n, assault case at the Palmerston -Police Uourf. on the 23rd instant: The evidence m the case was substantially the same as that heard on the previous occasion, and nfter a four hours' "sitting respite 1 m the committal of $b,e- accused tor trial at the next Distinct Court, to be holdert m, Ma/eh. Mr. Hawkins, wh,Q defended accused^ applied that the prisoner should bo allowed his liberty upon the same bail - whjch had hi*eri before accepted—himself m ijajp, and t-wp sureties of £25 each.. • ■■ Mr. WArm said the charge was a most serious one, and he dyi not fc*el justified m acceding to the request of counsel. The lowest at which he felt inclined to fix bail was. prisoner m JBMKX a.nd two sureties of £s}) each. Constable GiHespie would • ask the Bench to accept none but substantial bondsmen. '$he prisoner who had — ; — . Mr. Hawkins thought the renvirk about to be made by the police a most improper one. The two bondsmen had justified, to the satisfaction of the Court for the amount of their security, and consequently their bona fides should not b,t» «jnu«t\pne4«. Constable tfilieapie said he was m a position to prove that they were men" >£ straw, and that judgment was against p.n,e of them far above the value of his. . property. Mi-. "Hawkins TYa,s abo^t to reply when Tlie discussion was fi.na.lly nettled by., one of the bailsmen declining to -renew, Yl'ie prisoner was therefor© removed m custody. ROBBERY. John Shaw, an elderly man. rra* placed m the dock, charged with having, stolen, on the night of the 20th instun, ,. from the front of the '.Royal Hotel, a saddle, b,riddlf, saddle-bags, «yid eer*. tain surgical iystrumjents. the property of Dr. Majlaehlan. '.".,;" ": Tlie prisoner pleaded guilty to havjnsj taken ciiargc of tho articiei, bo^with, | no felco\ous intent. I Const.aMe GiHespie conducted the pr )spi-ntiai. nnd \ Hueh Kennedy IWaclachlan, deposed z. \ I am a duly-qualified legal practitioner," practising m Palmerston. I know the anciy^d, slightly. On the morning of the 21st f reported to, the police having , lo«t my horae, saddle and bridle, two saddle lyxgs, and a case of «ucgu:aL , instruments.. I lost them, from the. front of the Royal Hotel. "VSThen I came on 1 ; of the Hotel, the hoise t?a^ gone. I took particular care to tie the. horse se.eu.rfly with a rope." The rope had disappeared, and no .vestige; ''remained. All tlie artioies.. produced , arA mine. The only thing that iaaaissiri^ is the tether rope 'itself. X gave no. person authority to -take them avray.. The prisoner, called on m* the next morning, and I told him«f toy- loss, and; he said it was a most dastardly action. to steal a, doctor's korae and instruments, and he afterwards rflwred his. services to fiud- them, Shortiy^after-. wards a boy brought the h( fete, but nothing else. . i „.'2, To the Prisoner :. Ido not tlnnk you were sober at the time you ;c*Ued*upQtt. BV2 m the morning. _ \ Constable G-illfspie (\f>j>n*(f i. i.kmw-^ tha prisoner. I receired inf6nnatiq.iv on the 21 st of January from JJr.jrMac-. lachlan tlia,t his horse, saddle, .bridle,^ > and surgical instavnpn.ts • had -* been; stolen. Shortly terwarda rrejeivedv^ other information, led! me to bev J? lievc the accused was the thief; lirpro-. peded to th« residence ' of": Tfe »mas: Parkes, where tbe accused was ■ snpr. posed to be working. I ' wa« told that: he had left that employ, and fr mi what I heard there I a^ed permission of NTr. Parkes to search his premise*^ He. <r a ve me pcrmisßi"n., yid^ -| found the. saddle, bridle, .saddle-bags, doth Viand surgical instruments m the hay-loft. I brought them away. and,^ota ws^xnt for the arrest of •accased;*;pnithe23nli. m his cell, he Mdmitttd -having. Itaken 'he thiqgs, but ha^ ho intention of steal-, ing tWni; that it had allybeen.done.ln. a** drunken lark,' v and tb'at Bad. he not got d^unk during tbe ; ,dtty -het Mottl^ ' returned the articles 'to t'ke -doctor.'. : ■■■.■ Ada' Eliza Parkes examined by_Con» stable Gillespip : Tf am the, Thomas Pa>kes, if^il.og on. HangifaKei Lbe. I who has been working for my hnßD«od. I,W>-. member yoti ,;wssn»g my,, <« fht^rsday. ,J{ was prese < nt"wlien*n» husband gave' youpemissipn to feawJA 6h> premises, t saw yon : take tl« •saddle and' i^StruMea^ \

know there was something, m the hay loft, because-I heard "prisoner say there was ; bat he did not tell me what, and 1 did not know what it wasY He told me m town that he had made a very good haul. I saw him when he came home on»Monday night. I never heard him mention the articles which he had put m the ldft. It was the day before the Sports that the Constable came to me. It was ou Wednesday, and when I said Thursday I made a mistake. Thomas Parkes examined by Con«table Gillespie: I am a milkman, residing on the Rangitikei Line. 1 know the prisoner, who has been m my employ for a few weeks. He left on the 21st of the present mouth. I remember you coming to my place on the 21st. You asked me if you could search my place. I gave permission, and you found the bridle, saddle, and other articles produced m the hay-loft. The accused could get to the hay-loft when he pleased. He had been drinking for two days previously* I have no idea how the saddle got to my loft. I did not take it there. Shaw did not tell me he had taken it there. He said nothing to me about it. the Prisoner : You came home on the night previous to the Sports, drunk ; that is Tuesday night or early Wednesday morning. This concluded the case for the prosecution, and m defence, prisoner made » rambling statement that he had merely taken the things m a drunken lark upon the night m question, and had he not kept on the spree the next day k **EJ&tik nare returned them. ■ppK^Mtted for trial at the next DisCourt.