MAGISTRATE'S COURT.

Oamaru Mail, Volume I, Issue 140, 2 October 1876, Page 2

MAGISTRATE'S COURT.

THIS DAY. [Before T. W. Parker, Esq., R.M.] ALLOWING CATTLE TO WANDER. Mrs. Quarrie, for allowing one horse and one cow to be at large, was mulcted in the sum of ss.

John Black was informed against by the Inspector of Nuisances for allowing six cows to wander within the Corporation limits. Three of the cattle had ropes attached to them, and three without; and the Bench inflicted a'fine of 10s, each for those to which the ropes were attached, making 303. in all. DKXXNK AND DISORDERLY. Michael Gilmore -was charged by Constable Stewart with being drunk and disorderly in Itchen-street on the night of the 30th ult. i ! -L_ j_i —J_J >» 1..J

street. "Williams also acknowledged his delinquency ; but in consequence of his having resisted the police, and the offence not being by any means his first transgression, was sent to prison for three days. STEALING AN OVERCOAT. John Mitchell was placed in the dock, charged with stealing a frieze overcoat, valued at £2, the property of Isaac Cordner, from Craig's Boarding-house, on the 28th ult.

Prisoner pleaded " Guilty," and the Bench, *n passing sentence, said that in consideration of his plearling "guilty" to the charge, in addition to his being hitherto unknown to the police, a lenient punishment would be inflicted. Accused was then sentenced to two months' imprisonment. AIDING AND ABETTING A LARCENY. James Bell was then charged with aiding and abetting the last prisoner in the robbery. Bell pleaded " Not Guilty," and SubInspector M'Cluskey proceeded to _ state the facts of the case, from which it appeared that Bell and Mitchell were both in Craig's Bcarding-house on last Thursday night, a hawker, named Isaac Cordner, stopping at the house at the same time. During the course of the evening, the prisoner Mitchell had some words with the landlord, and left-rather abruptly, followed afterwards by Sell. Both Bell and Mitchell stopped" : on that night in a tent, near' Thomson's Lemonade- Factory, and subsequently a to Cordner, was missed froin Craig's. • Constable Moroney paid a visit to the tent ,in question, at which both the prisoners had been stopping, and upon the" bed of Mitchell discovered the missing, article. Unfortunately, the man Cordner had left town, and would not be back'for a week, but as the prisoner Mitchell had pleaded "guilty" to stealing the coat, the absence of Cord- ; ner's evidence was not so material as it would have been, had the case to be proved against Mitchell. The Inspector then called William John Craig, who deposed: lam a boardinghouse keeper, residing in Wansbeck-street. I know a hawker named Isaac Cordner, who came to my house some time on Thursday forenoon. He brought an overcoat in.':o the sitting-room. I could not swear that the coat produced is the one, but I believe it is. It was hanging up in the dining-room. I last saw it there on Friday night. The prisoners Mitchell and Bell were in my house on Friday night. I think it was on Saturday I reported the loss of the coat. Cordner missed his coat on Saturday morning. At this stage of the examination, the witness became so hazy in his evidence that the Sub-inspector told him to stand down and refresh his memory, and in the meantime called

John Sinclair, -who deposed: I am a clerk in the employ of Messrs. Reid' and Gray. I know Craig's boarding-house, at which I was stopping on Thursday. I saw both prisoners there in the dining-room. There were also Mr. Craig and the lhan who lost the coat, Isaac Cordner. Craig and prisoner Mitchell were talking together, and Cordner and Bell were conversing in anobher part of the room. I heard an exclamation from either Mitchell or Craig, and turning round saw Mitchell in the act of being put out. I caught a glimpse of something on Mitchell's 'arm, but I could not say whether it was a coat or not. Bell remained in the room chatting, but although he left shortly afterwards I could not state the time. I saw neither of them afterwards.

Peter Bareenen deposed: I am a gardener, living in a tent near Thomson's Lemonade Factory. Mitchell and a man named Lee occupied the tent with me. I was in the tent on Thursday night last, in company with Tom Lee. Mitchell was not in the tent up to the time we went to bed, but he and Bell came in between twelve and one o'clock. Bell remained all night, and slept alongside of Mitchell. When I left the tent at seven o'clock on Friday morning both Mitchell and Bell were still there. I next saw Mitchell in the afternoon of Friday about four o'clock. I recollect Constable Moroney visiting the tent at dusk on Saturday afternoon;- I saw him find an overcoat in the corner of Mitchell's bed, which he took possession of. I comot say the coat produced-is the one I refer to. I had never seen the coat before. j '

To the prisoner Bell: Onithe night you and Mitchell came to the tent, ;He came in first and you behind. ' • Constable Moroney deposed: lam a constable of police, stationed at Oamaru. From information received I went on Saturday last to a tent near Thomson's factory, occupied by a man named Mitchell, the last witness, and a man named Lse. I searched the place for, a coat which had been reported as - stolen "from a hawker called Isaac Cordner. I found a coat on one of the beds, and on asking who owned the bed I was told by the last witness it belonged to Mitchell. I took possession of the coat, and also arrested Bell. He denied all knowledge of the coat. He admitted having gone home to the tent with Mitchell on Thursday night.

This concluded 'the evidence for the prosecution, and the accused having nothing to say, - Tiie Magistrate said that although he was pr.etty convinced in his own mind that the denial of all knowledge of the larceny wa3 J deserving of little weight, yet he would give the prisoner the benefit of it, and would order him to be discharged. * The prisoner was then discharged from custody. _

BREACH OP THE CORPORATION BYE-LAWS. WiUiATin Davia and William Anderson

The defendants did not appear, as they had proceeded on their journey to Dunedin, but had instructed a deputy to represent them. Inspector Thorns and Constable Stewart gave evidence as to the offence, and also to the use of most abusive language by Davie, and a fine of 40s. was inflicted.