RESIDENT MAGISTRATE'S COURT.

Oamaru Mail, Volume II, Issue 433, 17 September 1877, Page 3

RESIDENT MAGISTRATE'S COURT.

THIS DAY. (Before T. AV. Parker, Esq., R.M.) STRAY CATTLE. The following fines were inflicted for allowing cattle to be at large :—P. M'Cnsker, two cows, 10s. ; James Reid, one cow with tether rope, 103. SHIRT STEALING.. Griffen Green and Michael Morgan were charged with having stolen five shirts from Macfarlane and Co. 's shop on the 11th August. Snb-Insprctor Smith prosecuted, and Mr. O'Meagher appeared for the prisoner Morgan. James Lawson, one of the firm of Macfarlane and Co., said he remembered losing five, shirts on a Saturday, but he could not say whether it was the 11th or the 18th August. They were coloured linen shirts, valued at about 7s. 6d. each. He believed the shirts produced wei-e those he lost. They had the collars belonging to the shirts. Cross-examined by Mr. O'Meagher, witness said he could not swear that the shirts produced were his property. James Kidd, salesman to Macfarlane and Co., gave corroborative evidence, and stated that about an hour after missing the shirts, he gave information to the police. Cross-examined by Mr. O'Meagher, witness said he could not swear that the shirts produced were those which were «tolen.

Msrkham M'Fadyen, salesman to Mr. Milligan, scid that, he knew the prisoner Griffen Green. He had never sold any shirts similar to those produced to him. Mr. Milligan had some shirts similar to those in Court, but had never sold any of them.

Constable Donovan deposed that on the 9th instant he arrested Griffin Green, and on being brought to the station he was wearing one of the shirts produced. He identified the shirt as similar to those reported to him as having been stolen from Macfarlane and Co. He asked him where he got the shirt, but he refused to tell him. On the 12th instant witness went to the house of the prisoner Michael Morgan in company with Sergt. Beat-tie, and asked him for the shirts that Griffin Green left in the house. He replied that Green had l"ft no shirts there. Morgan was wearing one of the shirts produced at the time, and on witness asking where he got it, he said he bought-it at Mr. Moss' auction sale. Witness said " very well, we shall find your name in the auctioneer's book." Morgan then said it was at Mr. Milligan's shop that he had bought them. On witness asking if he had any more of the shirts, he said he

had one which he had lately taken off.

-. He afterwards found two more shirts on •-'.ue bed, and anothpr in a swag under the bed. Morgan said he did not know who the swag belonged to, but Mrs. Morgan said the swag belonged to herself. Sergeant Be ittie gave evidence corroborative of the statement of Constable Donovan. This closed the case for the prosecution. Mr. O'Meagher pointed ont that there was no evidence of identification of the shirts as being the property of Macfarlane and Co. His Worship said that although the evidence of identification was very weak, there was still the fact of recent possession. He would take a little time to look over the evidence.

On tbf Court resuming at two o'clock, His "Worship said one material point had been proved, and that was the fact of the larceny. The only evidence of identification was the fact of the goods rest mWing the goods stolen. The identification of the property was secondary to the fact of the larceny. He quoted from authorities to show that in cases of the kind it was necessary for the prisoners to show that they had come honestly by the property found in their possession, and in the event of the prisoners failing to do so, the presumption was that they ■were guilty. It had been shown that the person from whom one of the prisoners alleged he had bought.- the shirts had never sold any shirts of the kind. There had been sufficient evidence to call upon the prisoners to show by what means they had obtained the shirts ; and the fact of them having failed to do so warranted the inference that they had stolen them. He could not dismiss the Gase against Morgan ; but there was one point which, he was \ repared to take into consideration, and that was the fact of temptation having been lield out to people to steal the goods by shop-keepers placing their goods in the way of persons capable of helping themselves. He thought the merits of the case would be met by orderin;-: Morgan to be imprisoned for JLQ days. With regard to the charge against Green, there did not seem to be any evidence to connect him with the larceny, and he would therefore be dismissed.