RESIDENT MAGISTRATE’S COURT.

New Zealand Times, Volume XXXII, Issue 5137, 10 September 1877, Page 3

RESIDENT MAGISTRATE’S COURT.

Friday, September 7. (Before H. S. Wardell, Esq., 8.M.) LARCENY. „ Francis Mason and Charles West were charged with having stolen from the American Restaurant one sovereign, three oranges, and one apple. , Mr. Gordon Allan appeared for the prisoners. The prosecutor stated that the defendants called at his restaurant and asked for refreshment, and while he was absent in the kitchen getting what they asked for defendants took from the till a sovereign. He charged them with the theft, when they ; became abusive, and West kicked him. Having obtained assistance, he detained them, and gave them in custody. i Frederick Luscomb deposed that he saw prisoners taking oranges, which they called laving a toothpick, aud he afterwards observed West putting his hand in the till and extracting from it some money. , Constable Waglan deposed to arresting the accused, aud upon West he found ' one sovereign, some silver, two scissors, and four razors. . His Worship considered that no case against Mason had been established, but West was clearly shown to have committed theft, aud he sentenced him to one month’s imprisonment, with hard labor. BREACH OF THE LICENSING LAW. , Alexander Eddje aud Alexander Jack, wholesale wine and spirit merchants, Mannersstreet, were charged on the information of Detective Farrell, before Mr. H, B. Wardell, with having on the 21st August sold six bottles of beer, when they were licensed to sell spirituous liquors in not less quantitif s than two gallons. Mr. Gordon Allan appeared on behalf of the defendant. ' , William Hester, Town Clerk, was called to prove that he had issued a wholesale license to Messrs. Eddie and Jack. ‘ James Daviesoh, a farmer residing at the Hutfc, deposed that on Friday last he purchased from the warehouse of Messrs. Eddie and Jaok six bottles of ales and one bottle of brandy. He gave a £1 note, and received 11s. in change. He put them in a bag, which he placed iu his cart, when Detective Farrell Came up to him and asked him what he had got in the bag. He told him, and Farrell then took possession of the bottles. , ; ;■,,. In cross-examination by Mr. Allan, witness said that on the day in question lie took a nate from Mr. Jamieson to Mr. Mclntosh, who ga,ve him instructions-to buy the beer-and brandy, telling him at the same time to keep the change out of the pound-note which he gave him. ' : 'i By his Worship : I could not swear that either of the defendants sarveiMHe with the beer. - , ■•■ Sergeant Farrell was examinedto show that he Uad'ttCfeJn the bottles'in Ifels custody on seeing the last witness coming out with them from the premises of Messrs. Eddie and J aok. By Mr. Allan : I was in Manners-street specially with the object of making the discovery I did, I was told that Daviesou was going to do a job for a party, and complaints having been frequently made to me in reference to Eddie and Jack, I went there to watch. Mr. Allan submitted that the information must fail, owing to the fact that there was no evidence to show that the bottles in question were sold to Davieson by either of the defendants or by their permission. The objection was held by the Court to be valid, and a fresh information was therefore made out charging defendants with “ suffering to be sold” the beer, the evidence in the first case being accepted for tbe second. ■ His Worship held the case; to be clearly proved, and fined the defendants £2O aud costs, UNREGISTERED DOG. John Jones was charged with being the owner of an uni’egiatered dog., The defendant said the dog did not belong ito him, but to a lodger in the house. He called.his wife, w'm made a similar" statement. The .case was adjourned until next day for the attendance of this lodger. ■; ■ -“ • ; ;