RESIDENT MAGISTRATE’S COURT.

New Zealand Times, Volume XXXIV, Issue 5708, 16 July 1879, Page 3

RESIDENT MAGISTRATE’S COURT.

Tuesday, July 15. (Before T. Mansford, Esq., R.M.) BUBGLAKY. Abraham Walmaley was charged with burglariously entering the premises of Adam Miller, blacksmith, on the 3rd of July, and stealing therefrom a Maori kit and several other small articles to the value of 2s. fid. The prosecutor deposed that he left his Workshop in Oourtenay-place on the night of the 2nd July, everything being then all safe, but on returning m the morning there were traces of some person having entered by the window, and he missed the articles mentioned in the information, viz., a Maori kit and about half a pound of tea and two pounds of sugar. (Witness here described the kit, and identified that produced as the one he had lost.) The arresting constable deposed that he had found the prisoner lying about the stables of Stewart and Co. on the morning of the robbery, and as complaints had been made of him, witness arrested him, William Brown gave some corroborative evidence, and said that on turning out the bag left by prisoner in the stable, he found a quantity of dirty clothes, some tea and sugar, a box of drawing instruments, some keys, and a Maori kit.

Sergeant Anderson was next examined, and deposed that shortly after the prisoner's arrest two bags were brought down from the stables where he had slept, containing articles of various kinds. The prisoner pleaded guilty to two other charges of theft. After the usual caution the prisoner was committed for trial. His Worship then sentenced him on the charges to which he had pleaded guilty, viz., seven days for vagrancy and six weeks each for the charges of theft, making in all three months and seven days. ill'jqallt on premises. John Carson, Henry Handoock, and John Prestridge were charged with being illegally on the premises of Messrs Pascoe, Courtenayplace. Mr. Ollivier appeared for the prosecutor, and Mr. Gordon Allan for the defence. The first witness examined was Albert Bowers, who deposed he was in the employ of Messrs. Pascoe and Co., brewers. On the 16th of the present month he saw the three prisoners on the premises of his employers. It was then between four and five in the morning. Witness spoke to the night porter, and they went to the cellar together. Prestridge was standing between the shafts of one of the carts and said, “ Good morning, Harry.” He had been previously crouching underneath the cart, \V itness asked him what he was doing there, but he made no reply. The door of the cellar was to their surprise open when they went to unlock it. Windhurst, the night porter, said the door was locked safely at three o’clock. On going out again they saw a tin and a bucket between the shafts of the cart. They did not belong to the brewery. On examining them found signs of beer in them, and froth all round the bucket. Afterwards noticed signs of the new cellar having been broken into. Knew the prisoners, who had often been in and out of the brewery in the day time, so that they ought to know the run of it. The firm had missed buckets and beer at various times. Cross-examined by Mr, Gordon : Knew the prisoners had been stokers at the Gasworks for a long time past. £Cad on a previous occasion given them a drink. They were in the habit o£ going down to their work early. On this

occasion Carson asked him for a glass of ale, but he refused to give it to them. The men had a bull-dog with them, and all went into the cellar together. Ultimately, witness gave them a glass of beer apiece to get rid of them. Even then they did not go away, but stopped and had a talk, after which they left. Carson ran out of the gates with one of the empty cans, and then returned without it. Suspected at the time that the men were there to steal the beer.

After some corroborative evidence had been given, the prisoners entered on their defence, which was that they had gone down to the brewery as usual, early in the morning, to get a glass of beer, denying that they had ever the slightest intention of stealing or carrying away, and also denying the breaking in of any part of the premises. Witnesses to character were then called. In giving his decision, his Worship said the proof of a lawful excuse rested with the accused, and in the present instance they certainly had not offered a satisfactory explanation. If a better story had been made he might perhaps have been induced to believe it, but the story told by them was a very lame one indeed, and he could not place any reliance on their statements. The boy had given his evidence in a very straightforward manner, and the other principal witness had by no means shown a feeling against them. The case was clearly proved against the accused, and they were each sentenced to four weeks’ imprisonment with hard labor. LARCENY. George Snookes, brought up on a charge of stealing wearing apparel, was remanded until the 22ud instant. (Before Messrs. Moeller and McCarthy.) drunkenness. Patrick Read, Amelia Cameron, and P. M. Gintz, charged with drunkenness, were discharged with a caution. The bail of John Kelleher was estreated, as there was no appearance of accused when his name was called. ALLEGED larceny. Charles Grainey was charged on remand with stealing certain goods and chattels to the value of £SO, the property of Gladman Smith. The accused pleaded not guilty, and was defended by Mr. Fitzherbert. Gladman Smith deposed that he learned on the 7th instant that defendant was about to sell his goods off at two o’clock. When he saw accused the latter told him that he was in trouble, and that he must sell off his goods instead of letting other people who had judgments out against him do so. There were some goods of his brother’s there besides his (witness’s) own. On the following morning they had been removed in an express. He then remonstrated with the accused, and told him he had rendered himself liable to a criminal action. The witness was cross-examined at considerable length by Mr. Fitzherbert, and at its conclusion the Bench dismissed the case, stating they were of opinion that civil instead of criminal proceedings should have been instituted. VAGRANCY. Daniel McPherson pleaded guilty to being unlawfully on the premises of Mr. Jacob Joseph. He stated that he was a stranger in Wellington, and that since his arrival he had been working at the Bishop’s house. After the arresting constable had been examined, the accused was discharged with a caution.