RESIDENT MAGISTRATE'S COURT.

Nelson Evening Mail, Volume XI, Issue 250, 12 October 1876, Page 2

RESIDENT MAGISTRATE'S COURT.

[Before L. Broad, Esq., R.M.] THIS DAY. Archibald Ogilvie, "William Barltrop, and Robert Henry were charged under the Larceny Act with being unlawfully on the premises of Henry Douglas Jackson with felonious intent. Mr Fell appeared for the prosecution, Mr Pitt for Ogilvie and Barltrop, and Mr Acton Adams for Henry. The case evidently excited a great deal of interest, the Court being densely packed. Mr Fell, in opening the case^ stated what has already appeared in our report, and then called Constable Cooper, who said: I was on duty in Trafalgar-street on Tuesday night. On passing Mr Jackson's shop, I thought I saw a slight glimmer of a light inside. There are no shutters or blinds. I passed on at my usual pace, and then doubled back stealthily aud watched at the window for nearly ten minutes. I then saw a match struck, by the light of which I could see three boys in the back part of the shop, behind the counter, passing towards the inner room, where the cash box: is kept. The light was put out immediately, and I then tried softly to open the front door, but found it secured. I then went round to the back, where is a small yard fenced in. The door of the yard being locked, I threw off my coat and scaled the fence, and softly tried to open the shop door but found it secured, as also was the window. I then re-sealed the fence, and walked about in the Jane by the side of the house until some one should come by. In a short time Mr T. Nicholson and Mr Hugh Gully passed, and I asked them to render assistance, which they did. I placed the former at the front door and the latter at the back. I then went back over the fence and unbolted the door, admitting Mr Gully into the yard. I then kicked at the back door, calling on those inside to open it, as I knew they were there. Finding they would not do so, I sent Mr Gully to Mr Jackson's house. In a short time he came and tried to unlock the front door, but could not do so. We then went round to tho back and broke open the door and entered. We had a lighted candle with us, by which we searched, and in a short time Mr Jackson called out " Here they are!" I saw the leg of a boy protruding from under the show board in the window. I called on tbem to come out and the three prisoners crawled out and I arrested and searched them. On Barltrop I found a number of keys, among which are seven door keys, one having the inner wards cut out. This one I found would lock and unlock Mr Jackson's shop door. Prisoners said nothing when arrested. II D. Jackson: On Tuesday I had been looking after the shop myself all day. I shut up the place about eight o'clock iv the evening, when I went home. I have been specially careful of late with regard to locking up the shop, and noticing the appearance of everything on leaving. When I left, my cash box was shut, and on a shelf in the inner room used as au office. There was no money in it. I have taken these extra precautions because about a fortnight ago my premises were entered, aud some money stolen from the cash box. 1 had let the box on Tuesday night in such a position that I should know at once if it were moved. The back door I left bolted from the inside. About midnight Mr Hugh Gully Jcame to my house, and from wbat he told mo I went down to the shop, where several people were collected. I tried to open the front door with my ordinary key, bnt could not, It was not locked, but was fastened inside. We then went to the back, and broke open the door. We searched, but could find nobody for some time, until at last I saw a boot under the shelf, aud the prisoners on being called on came out. I then went into the office, and in a moment noticed that the cash box had beeu moved and opened I did not notice that anything else had been disturbed. William Rout: I am a commission and land agent. Prisoner Barltrop has been employed iv my office for about twelve months. Some of the keys produced belong to my office aud safe. The others are similar to some which I had in my possession. The one produced with the wards cut out is like some that 1 have. On Wednesday morning I found a piece of candle stuck on the table, the candlestick having been broken. That was not as I left it the night before. A good

deal of it had been burnt since I last used it. I found a cloak and au overcoat in the first room. On the table there was a scarf pin. This closed the case . for the prosecution, the counsel for the prisoners having declined to cross-examine the witnesses. Prisoners having been warned in the usual manner, were asked whether they had anything to say, to which they replied that they should reserve their defence. They were then committed for trial at the next sittings of the Supreme Court on the graver charge of felony. Bail was allowed, the fathers of the prisoners each in £100, and two sureties for each prisoner also each in £100.