RESIDENT MAGISTRATE'S COURT.

Manawatu Times, Volume V, Issue 165, 19 October 1881, Page 2

RESIDENT MAGISTRATE'S COURT.

?.. ■■■""• Monday, October 17, 1881. [Before. H. M'Neil and John Walde- ! grave, Esqs,, J.s P.] | LARCJBNT. I Gharles Brown was placed m the deck, charged upon information with having, instant, stolen from the .bar of-rbe -Royal Hotel, one battle of whiskey, valued a* six shillings. The ?ccnße_^_whg_ was defended by r Mr. Staite, pleaded" NoTCTuilty." i Frederick^ Tbohias.Harper deposed : I -am bai man in-the Koyal. Hotel. On the 13th I had occasion to leave the bar t<i attend to one of the rooms up-stairs, aud mi; my return, missed a bottle <if whiskey, afcthe Rob Hoy brand. The prisoner staaditig; at'the foot of the stairs when I went up. I did not sell a bottle ofcwbiskey to prisoner or any one else that day. — r.pnwsrexamined rj . by ryMr* g- Staite : I pissed .the bottle, between three and four -i": the afternoon! 'Accused" had been .drinking in' the house all "the morning, ant) Was drunk at the time I saw him at the 1 foot" of the stairs. ' He bad called for Ettf b> drinks a. few' minutesibefore, and had *nqt had >the money to ; pay < for them. I .had a with ; accused about six moijtis ago abouV cigars/ but he afterwards paid ' for' them. ' ; The prisoner! brought an ertipty -bottle to the bar, but* it-has since been given away. ■ To/the Bench: The prisoner went wit'li an empty bottle' in his hand. I did not charge him with stealing it. Cross- . ex/imin^^ipn^jCpn^inued .— c Wben I saw film witli the'empty'lioittle.'l.then knew of the loss add although I'siispected him f did notaccuse him of the theft, I heard Mr. Batdhelar-tax accused with the theft . ont Satprd.ay, i butcould l npthear distinctly jwhat. oass^d- bje^ween jjiem, v aß,it occurred m the 'passage 'and I was busy serving m ' 'the Imr. Between the loss of- the whiskey and the time the bottleawas -returned, I 3 si withe. prisjQner^/lieijwas shouting for Vl some time, and I believe be is engaged -m -bushfalling_in_tbe_.Kairanga Block, >• 7Herhas ! -been frequently, m the hotel. I ~ .know, nothing" as to his' private means. 1 ' iJ "Re examined IT was m the bar when ; Mr. Batbhelar accused 'Brown of the : theft. I suppose t could have heard had ■ » T listened ; but I did not. : St. George, Barry, .an .employe m the i ho.tel,is testified (jb^at, he,; saw the accused { ,upon the day^, named with a bottle of " Upii Eoy, which he.ha'd^ln: his hand. \ r ) 'was 'also given by a Watiyt i: thart he saw the aipcused : with a bottle si- ' milar tojthe'one ''pirpdii^ed, but nothing was drunk oiitof "it. .^Djiring the time apcused had the bottle" m" bis hand, the bell tvas'rangitnd the waiter brought m " twOjglasses of beer. ; ; ' ' + Mr. 'Staite^made a tery(a|le defence^ c,on.t, ea^ipg that to punish ?of the crime 'brlarcenyj felonious^intent and concealjmqat shuuldj be; proved.; ;In the case under consideration those most essential mg7eWents -were wanting. He would i gQ^sp iiir as to admit that his client had J taken the bottle of whiskey, but he had d6ne ; sd-when-be^did^not know what he .. -was doing, and when told of his crime he- : offered"' to pay double' the vahie, and as- \ ..serted-.that had ; he; known what he was--1 doin<; he would have cut his throat first, jpr course it was not, lawful to compound a felony, but he 'might point out to theBetfchitbat.the 82 nd Clause of the Justice of Peace Act was specially applicable to- ', |the. : present case. [That elapse, gave dis-cretionary-power to the presiding jus- ■ jtictfs swlu-n 1 the sto\en- article was not of the "alue of twenty shillings, to dismiss _the 'hargie, even though .it \yere proven that a ;fel<>ny had f been committed. The l ß'ench Considered the accused had not taken'tfve whiskey with felonious in-. , ; tent,;inasimwh';a:s: there w n asi not the slightest- attempt ;iat conpealment upon } his, part, and taking. ..advantage of the /discVetipnary powei 'yested m them, dis--1 missed the chafee. ' l "' iv