RESIDENT MAGISTRATE’S COURT.

New Zealand Times, Volume XXXIII, Issue 5524, 10 December 1878, Page 3

RESIDENT MAGISTRATE’S COURT.

Monday, December 9. (Before T. A. Mansford, Esq., 8.M., and Dr. Diver, J.P.) . X.AEOENY. William Clark was charged with stealing a pair of trousers, value £1 2a., the property of Malcolm Donald, on the Bth November last. The trousers were identified by the prosecutor, who stated that they had been missed from a line on which they had been hung out to dry. Prisoner said he had purchased the trousers from a man in Willis-street for 155.; the man wanted to clear out for Masterton, and he did not know who he was. His Worship did not think that the prisoner had satisfactorily accounted for having the stolen property in his possession, and sent him to gaol for four weeks at hard labor. DRUNKENNESS. Two offenders were dealt with in the usual manner. INDECENT EXPOSURE. Edward Knoakes was charged with having indecently exposed himself in Cubastreet on the afternoon of last Saturday week. Mr. Edwards appeared for the defence. His Worship directed the prisoner to take his place in the dock. Mr. Edwards said the aecused was a very respectable man, and he hoped his client would not be ordered into the dock before anything was proved against him. His Worship insisted on the prisoner going into the dock in the same way as anybody else charged with a similar offence. Alice Wilson, a little girl at service at Mr. Warsaw’s, tobacconist, Willis-street, deposed that she was fifteen years of age. She remembered seeing the prisoner in Cuba-street last Saturday week, after dinner. He did not say anything to her, but followed her as far as near Gear’s, the butcher's. He had on a wet oilskin coat and leggings. Ho exposed himself once, but did not say a word to her. He turned back, and she went in an opposite direction. She complained to her master when she got home, and she gave a description of the man to Detective Earrell.

.By Mr. Edwards : I next saw the prisoner on the following Thursday. I described the man to Detective Farrell. I saw the prisoner to identify him on Friday. Detective Farrell brought him to me, and asked me if he was the man. I said he was. I don’t recollect ever telling Mr. Warsaw that ever since I had my senses I would like to bring a charge of this kind against some man, I don't think X told him that I longed to bring a charge of this kind. I won’t swear either way. I don’t recollect telling Mr. Warsaw that the case could be settled by the prisoner paying some money to my father. Thera was no one near at the time of the exposure. He walked in front of me, and turned round and exposed himself.

By the Court; lam sure the prisoner is the man who exposed himself. X had seen him a great many times. I didn’t know his name. •Detective Farrell deposed: lam a first-class detective in the Wellington police force. I received information about a case of indecent exposure. I went to Mr, Warsaw’s shop and asked to see the girl. I asked her to describe the man. She described his appearance and dress, and I arrested the prisoner. I brought him to the prosecutrix and asked her if he was the man. She said he was the man who insulted her."

Mr. Edwards complained that the witness would not give direct answers to the questions put to him, but proceeded to make statements quite outside the 'case, which were a disgrace to the person who made them, aa the charges could not bo proved against his client. His Worship : If yon make use of this lan-' guage again, Mr, Edwards, I shall have to check yon. There seems to me to have been a most unseemly exhibition in the Court on the previous day, when I was not here, and this appears to have arisen through ill-feeling in the Police Department between certain officers. That, however, must not impair the efficiency of the police. It must be apparent to any person that Detective Farrell has been thwarted. I have determined to render him every assistance so far as tho laws allows, and to have this case thoroughly investigated. Mr. Edwards : Theje is nothing we desire more than to have it thoroughly investigated. His Worship: It i; quit. lent this matter cannot rest where it is. It is a matter which I shall feel it incumbent on me to report to the Government, in order to have an inquiry made as to how the matter has been carried on. Dr. Diver : On Friday last, X must say that I felt myself in an extremely awkward position. I expected to get assistance, and in the place of that I coaid not get it. His Worship : We will proceed with the case. (To witness.) Answer the questions that are put to yon, and it Mr. Edwards goes beyond the latitude allowed in cross-examina-tion, X shall protect you.

The hearing of the case was resumed. By Mr. Edwards : I arrested him without a warrant. I brought him to the station at six o’clock In the evening. I had no time to apply for a warrant. I told the prisoner who I was, and what were my functions. I have no recollection of ever seeing him before. I did not know what ho was, or where he was employed. --1 told him the time at which it was alleged this offence was committed—that it was alleged to have been committed between one and two o’clock. Prisoner admitted having been at the fire in Ingeetre-streot and having gone into Cuba-street, but he said he had no recollection of doing anything wrong in Cuba-street. He asked if there was any other charge against him. I took him to the station, and ho . was locked up by my instructions. Ho told me he would like to see some friends, I said X had nonobjection to hia seeing hia friends, but I could not go, to look for them, as I' wanted something to eat. - _ I had been fasting all day, looking after the prisoner. I subsequently went to the boarding-house at which the prisoner stopped. Very likely I asked a man who was ia bed for the prisoner’s blue jacket, cut short. I asked, for tho clothing previously worn by the prisoner. This was all tho evidence given for the prosecution.—

Mr. Edwards intimated that he intended to prove . that hjs client was not at the place in question at the time when the offence' was alleged to have been committed. It was a trumped-up case of the very worst description. '■/ Wiliam. Miller, a clerk in the employment of M«BSP- T. S- Macdonald and Co., deposed

that the accused was employed by tho same firm. Up to half past three o’clock on the afternoon in question the accused had only

been a quarter of an hour or twenty minutes out of his sight, and then he went to cash a cheque about a quarter-past one. Henry Best, accountant at Messrs. T. K. Macdonald and Co.’s, deposed that he gave the accused a cheque about a quarter-past one o’clock. Saw him back at the office a short time afterwards. Saw him in the office a little before two o’clock.

Charles Hale, in the employment of Messrs, Lyon and Blair, deposed to seeing the prisoner between ten minutes and a quarter past one on the afternoon in question. George Aldous, hairdresser and tobacconist, deposed to seeing the prisoner in his shop about half-past one o’clock on the day m question. He came to change a cheque and to look through an account. He stayed for about ten minutes. . Alexander Warsaw, tobacconist, Willisstreet, deposed that Alice Wilson was in his employment. She came home at half-past one o’clock. She said “ I have got my wishes now. Since I came to my senses I was anxious to get a case in Court. I have got it now. A man exposed himself.” I volunteered my evidenoe—l did not see Knoakes on the subject, and saw him for the first time in Court last Friday. Last Friday evening Alice Wilson said that if the prisoner gave her father some money there would be nothing more about it. I told her that could not be done, as the pass was in the hands of the pobce. She is given to telling “fibs” occasionally. By Detective Farrell: Sergeant Smith and Mr. Best called to see the girl after the prisoner was arrested. The girl, Sergeant Smith, and Mr. Best were left together. Mr. Best, re-oalled, said ho had asked her if she was certain she knew tho man, and she said she was. Several other questions were asked, but no effort was made to compromise the matter. We remarked that if the man was guilty he deserved to be punished. William Jordan, mechanic, deposed that the prisoner-had lived in the same house with himself since May last. Detective Fan-ell went to the house and asked for Mr. Knoakes’ blue coat, cut short, and trousers. Handed bim the coat, but Hr. Knoakes had only grey trousers in the house.- When Detective Farrell told him who he was, and that he bad Mr, Knoakes up, witness came down to ses him at the police station. IVXfi Junes, formerly of tho National Bank, Marlborough, Mr. Wm. Faulkner, cabinetmaker, Wellington, Mr. Aldous, tobacconist, Wellington, and Mr. M. L. Marks gave the accused an excellent character. The "Resident Magistrate stated that he and Dr. Diver desired to talk the matter over. They would therefore have to retire to another place, and would give judgment at 2 p.ra. The accused was allowed his liberty until

that hour on the same bail as before. At two o’clock his Worship judgmeat as follows :—The defence set up in this case is an alibi, which required the accused to account satisfactorily for bis whereabouts at the time when the alleged offence was committed. The Bench in this case are placed in the position of a jury, and have arrived at the conclusion that though the accused has not accounted for the time quite satisfactorily, yet there la sufficient doubt in the case to induce them to conclude that a jury would give the accused the benefit of the doubt, and therefore wo intend following tho same course, and ordering the accused to be discharged. There was some applause ’in Court, which was immediately suppressed. Mr. Edwards made application for costs. His Worship : It is not a case in which I shall give costs on one side or the other. Mr. Edwards ; It is a summary conviction case, in which you have the power to give costs.

His Worship : I shall not give costs. Some fees, which ought not to have been charged at all, will be refunded.

Subsequently, Mr. Edwards said he did not wish to appear pertinacious, but in the event of other proceedings being taken he wonld apply, under the 23rd section of the Justices of tho Peace Act, for costs and a certificate of dismissal.

His Worship ; X shall give neither costs nor a certificate of dismissal, and if you think I act wrongly in the matter you will of course have your remedy against in i.

George Smith was charge! with having, on the 3rd instant, forged a cheque for £5 155., with intent to defraud David Smith. Inspector Atchison said ho was not prepared to go on with the case, and the prisoner was remanded until Friday next; bail, prisoner £SO, aud two sureties of £2fi each.