MAGISTRATE'S COURT.

Oamaru Mail, Volume I, Issue 285, 22 March 1877, Page 2

MAGISTRATE'S COURT.

TTS DA\ 7 . : (Eo'ore T. W. Pjrke-% E;M.) DRUSK AI\D DISORDERLY. Patrick Finnic was charged with being drunk and disorderly in Thames-street yesterday, and was fined 205., .with the alternative of three days' imprisonment. LAC.C3NY. Barnard Gray was charged with haying, on the 21st inst., stolen from the Alliance Hotel a pocket-book containing two .bank deposit receipts (one for L 25 and another for L 14); a Ll-note, and a receipt, the property oi Timothy Moriarty. Prisoner pleaded Not Guilty, and Sergeant O'Neill conducted the prosecution. Timothy Moriarty, labouiei, staced on the 20th inst., lie left a pocket-book in a pair of trousers hanging up in a room in the Alliance Hotel. ±le placed it there during the afternoon. Tiie pocket-book

obtained one deposit receipt on ijiu 1 National Bank for -Ll4, another on the J Bank of New Zealand for L 25, one Linote, a receipt for L2 10s. for money paid for a section of Icvnd in besides memorandums in bis hand-writing. The following morning bo went vo look after bis poclcet-book, and found the trousers p* -■cketturned out, and the pocket-book and iis contents missing. He reported the matter to the police. He next saw the poc-ket-book in the possession oc Serjeant Carroll. The pocket-book produced was the one witnc."3 lost, aid the contents wc-.-e the same as were left- there by witne.s. Had never auth* <risod anyone to take away the pocket-book. Cros's-izainhrad- by prisoner : Had not seen accused in witness' bed-room, but a;>d seen hiui knocking about the.house. Had no ress m to suspect prisoner of stealing his pocket-book, but had been told thai prs >ner ha.l been in the loft. Margaret Sullivan, a servant at the Alliance Hotel, deposed fch vt she hail seen the prisoner in the hotel yesterday morning-. Had iirst seen l.'iiu in one of the rooms. Afterwards saw Liu standing at the door of r>o>n 2v T o. 14. Prosecutor's room was No. 13, and was tae next room to the one at which prisoner was standing. All the bed l-'. ...iiis wero _<p.-n. The prisoner was not a lodger in the hotel, and had no busiii'ss up-st-vivs. Cross-r.xaimiied: Had not reported prisoner's being upstairs to the landlord or landlady, because she did not know whether nrisoner wished to see some one. By fc'ioTßench : Pris-'ner was alone when witness ciw liiiu upstairs. .'James Carroll, Ssrgsanfc of Police, - tated that from information he received yc;:terd;'y he went in search of prisoner, and found him lying - on t'ie fo-*tpath at the lower end of Coquet-street, drunk. On searching him ho f- -und tb.e p' cketbook, which coni ained a deposit receipt on the ITafcional Bank for Ll4, ;wid another on t :e New Zealand Bank for L 25, a LI bank-nose, and c- .no papers. Previous to I go.of' in r,j.-roh of the property stolen he !■ received a description oi it from the pro- ' secutor. Everything was -in the pooket- , hook as described by the prosecutor. ' This completed the case for the prosecu- | turn. ! Prisoner had nothing to say, nor any !witnesses to call. ■ Lis Worship then fully committed the I prisoner to take his trial at the next criminal sittings ,-f the Supreme Court, • jOn:iv din. i'.visoner, in reply to tlie usual question, ' said, " i will make no remarks at present." I Oni'ArJITTG- G : ODH BY PAXSB ?UETT.NCEr;, ] William Lynch was charged with • having - , on the 17rh iust., obtained from [■ Allan" M'Corkindale, by means of false pretences, one gold albert chain and three rings, of the valna ;?7 </S. | Sergeant O'Neill conducted tlie prose-' 1 ■ cuti n, and Mr. .\>almer appeared for the accused, who pleaded ' ■ .Nol; (Jtulfcy." Allan M'Oorkind,! I.', 1 .', watchmaker and jeweller, stated t-'iafc he had known prii soner for about four weeks. He came i into his (witness's) shop on ihe i.and nskod to he s : u»wa some g:>. I ness s owe 1 him sev.r-.il articles, iCr?A N 'so\H; him two English g.»ld rings, a Culo-ral gold r'-ig, RV..d an English gold ?,!! ert chain, i-ii ■■ value bci \j £:7 ">s. B. fore y'jow. v.- pri;>-n;r articles, prisoner { i'J.l uu £'l for conm things he had ' v)on>'!y lion lit. Ih-iSiiuer said he was bnvntj ..he . -rJoL-fc for the purpose of iing tho-u again. a~nd wi>ues'S mad.-, a redncti;; vai iiey ice. Prison, r told prosjcu- /-v at Mis. B h.kl a cheque of '■is—fr -ia Mr. (J. P. Grr —which he had ■ : veu \' i her for safety, owing io the Bank bsiiT- ei;:.-.". - d.- Prisoner said ue would caU in ia evening and pay witness, as he expected lie would have the goods sold by •hat ■ ; bio , if not, to w-»uld get his cheque cashed. P.-isoin r then left, 1 avinga sinr.il watch to be repaired. Prisoner did - not cdl in, according t- promise, and witness sent for him. The " prisoner then called at the chop, in a great state of excitement, and asked witness what he had ' ;eard about him, and said that it was his intention to-c;dl. Witness told prisoner he wanted a settlement then., and either to give him bnch the goods or the mon._;y. Ho fco.td wita-J33 that if he went up to Mrs. Bi'UCo's he would find t.:e cheque there. Prisoner in piu'„d whether if he sold any- ; thing ; nd brought back the money and .be balance of the goods, witness would jbe satislied, and witn ;sa replied yes.' I Prisoner promised to rut rn b.ifore wit- ' .ness clo.:od his shop, b ;t did not do so. ■ In the course of tlie conversation, prisoner ! said that lie was going back to Jus work

' ti'o suszt ],'.or:>U'~, a-nl tlr.it if he did not .vjoirH that eveuiir - witness w -ulcl see him tlici'o next day. Witness went to Mr. l J eLev Ore's (prisoner's "employer) the folio wi: l .-; day, but prisoner was n >t there. Wifcaecß •ic.am-d't-liafc prisoner had received hir. oke /aa, Cro.jr;-cammed by Mr. Baluier, witnerr; sai". he "had'had two previous transact c -8 with prisoner. The first amounted b.fab«'«t L 3 f or various reticles, for which he had received payment the following wcek : as promised. Oil March 3 he had supplv <1 prisoner with L 5 10a. worth of jewellery, of which LI had been paid. Taere w;in iv >w Ll2 3.55. owing to witness. It was p ior to witness's giving prisoner the goons, that he had told him about the cheque bo:ng at Mi-s. Brucj's, and it was on the strength .if this assurance that witner.3 gave prisoner the goods. He did not ark pvlaonLT to bring the cheque to him (witiior:;;). One of witness's young men was p.vsent, when prisoner got the .■goods. Re-examined by the Bench : Witness rece ; ved information on Tuesday that prisoner was luavmg the place, aud t!iat he was working his way south, and had. reached Kartigi. Witness then followed the prisoner by train to He (witness) then" took a liivtKLV in pursuit of prisoner, whom^sTliaa s^e'eh

I .vy-siii'i S'la'/Pivcr, but he then disap- | C "c'l" vovy *i^ystcriously. Prisoner I Le'i'icd to be v&velling inland, as, alKhuiigh wiiu-."ss aud the Sergomfc ot Police Hi id K"-I> t a siuicfc watch en t.-e main road. ' (hey > ; l>ot Sf '" n ' m I ,:lSf ? D 3 through p., i u i i in. Did not see prisoner agam ,j;i .m wi- Lroughfc up at tlie Paluierscon Ci"' l ' • - , , jl irian Bruce, a mamed womzn, deponed that she had seen the prisoner before. Prisoner had never been in witness's house in his life, to her knowledge* and she had not seen him since the second week in the year. She did noi hava a c _ i " J q:io belonging io him on the 17th inst. T')is was tie cms,; for the prosecution. I>li\ Cahnev su'iuiit'ed that a cass of false pretences had not bee::. made out, as required by law, a.ul euierad into a long ar muni; to sow thai no falso pretene-a had been used. The whole aa'air was s'uip'y a deb-'or an ! creditor account betivuuu M : Corkindab and the preoner. IXe submitted t"_at I.A'C'-rkindale had s i,nply Sit the criminal law in motion for i'iepui"po3J of procuring payment of the d.i'iHis Worship reserved his decision until a l ; j-:-jr hour i;i thj day. _ O.i 'he Court resuming, his Worship s fa., while believing the affair to hive been a swindle, he did not think the CICJ CMII 3 qiiito under the head ox fdse pretences. The case would, therefore, be dismissed.