MAGISTRATE'S COURT.

Oamaru Mail, Volume I, Issue 267, 1 March 1877, Page 2

MAGISTRATE'S COURT.

THIS DAY. . [Before T. W. Barker, Esq., R.M., and R. Campbell, Esq., J.P.] STEALING BOOTS. John Cahill (on remand) was charged ■with stealing a pair of boots of the value of 285., the property of Edward Murray, residing at the Alliance Hotel. Prisoner pleaded not guilty. Edward Murray deposed : I am a labourer, at present residing in Dunedin. I was in Oamaru on the 11th January, and stayed at the Alliance Hotel. The number of my room was 8, and in it the prisoner also slept. I kept my swag and a pair of boots at the bottom of my bed. II I was coming from the Breakwater on the afternoon of the 12th January, when I\ saw prisoner going down vith his swag, ' On getting to my lodgings I found that a , . pair of half-Wellington boots had disap- ; peared. Suspected prisoner, and followed, him to the Samson. He let me see his/ swag, and I found my boots tied up in a' pocket-handkerchief. He at first said that lie had bought them, but afterwards admitted having taken them from my room; I lost some shirts also, but did not find them in prisoner's possession. ; Prisoner said that lie had taken tli9 boots by mistake, and that others hall slept in the room beside himself. ; Sentenced to two months' imprisonment. : ANOTHER CHARGE. i Another charge against the same man of stealing a pair of boots from a man who is at present in Lawrence, was withdrawn for want of evidence. A GROUNDLESS CHARGE. : Thomas Kennedy and James Johnstone, who were remanded on Monday on a charge of taking a quantity of timber ; from the yard of Hobert Macdonald, surrendered to their bail. Mr. Balmer appeared for prosecutor, and Mr. Hislop for defendants. In opening the case, Mr. Balmer said that the prosecutor was a contractor and \ builder, nam _ d Robert Macdonald. He had several contracts in handi amongst them being one for the erection of a house for Mr. Kennedy, one for Messrs. Shrimski and Moss, and one for Mr. Johnstone, who was architect for the house being put up for Kennedy. Kennedy having beard a rumour to the effect that j Macdonald's financial position was shalry, y went to his yard along with during his absence, and took a quantity 1 *!! of timber from it to the section on Macdonald was building tht; Kennedy. Robert Macdonald, the posed that he was a contractor, on business in Severn-street, Oamaru. He had contracts with Messrs. Shrimski and Moss, Mr. Kennedy, and Mr. James Johnstone. Mr. Johnstone was architect for the buildings. He (prosecutor) away from Oamaru on the 24:ch, turned on Sunday. When lie he saw the yard all "pulled and found that a quantity of had been taken away. It was Baltic timber—flooring boards-wTnfere must have been cart-loads taken. No one was authorised to remove this particular timber, but Mr. Johnstone (as architect) had had authority to remove timber for other jobs. I have seen the timber on Kennedy's section, and should think it was' worth, probably, £2O. I left Alexander Wilson in charge of the yard during my absence. By Mr. Hislop : There was a good deal of timber taken from the yard on Saturday, I sold some to Robertson and some to Mr. Johnstone. I had a man working for Mr. Johnstone on piece wj»-k, making shelving. Mr. JohnstOne sever ral times and taken away timber, and given me an inventoi'.y of it afterwards. When I have had j/ontracts with Mr. Johnstone" he Bas IJe»n in the habit of sending down for or taking it away himself—afterwards inventory of it. 1 laid no against him on those occasions. authorised this timber to be but knew Mr. Johnstone take some shelving. The lying on the section <sji whipji I ing the house for Kennedy. I had men there that day. The work was their charge, and the,timber i>n the would be under their charge no reason to think /(hat timber taken away from mj y i quantity of just about finish the floor house. By the Bench : On two occasions Johnstone had taken timber I his note, and did not forbid him to any more from the yard. I don't know : H whether it was only one or both of the ■ defendants who took the having / J been absent at the time. I Alexander Wilson deposed to being in ■ the employ of Mr. Macdonald. Was in ■ I the yard between 2 and 4 o'clock. Saw I two expresses come and take a quantify I of timber away. Mr. Johnstone and Mr. ■ Kennedy were . A here, and also two men I who were working .at Kennedy's house. I cl spoke to the two men •® l bout taking the . ■ timber, but did not speak toJohastone or- I Kennedy. v. J By the Bench : I did not speak to orjfl warn either Mr. Johnstone or Kennedy. Mr. Balmer said that after the given by Mr. Macdonald and his %e be beat to xise