RESIDENT MAGISTRATE'S COURT.

Oamaru Mail, Volume II, Issue 595, 29 March 1878, Page 2

RESIDENT MAGISTRATE'S COURT.

THIS DAY. (Before 'J'. Y\\ Parker, Esq., I'.M.) ITOIISK AT LARGE. Samuel Smith was charged by the Inspector of Nuisances with allowing a horse to wander at large with a tether rope, and was lined 10s. STF.ALTN T C4- A WATCH. Patrick McCarthy was charged with stealing, yesterday, a watch, the property of one William M'Auley, of the value of LS 10s. The accused pleaded Not Guilty. Sub-Inspector Smith conducted the prosecution. William M'Auley, the prosecutor, gave evidence as to being in company with the accused" yesterday. He (witness) bad a watch in his pocket He last saw ic at 12 o'clock, when he took it one to see the time. He did not know ho had lost the watch until the police came to him about it. He bought the watch from Mr. Glen, of Naseby, for. LS 10s. The receipt produced was received from Mr. Glen at the time of the purchase of the watch. . The number given in the receipt corresponds with that on the watch produced, which he (prosecutor) identified as his properly. Alfred CottreH, barman at the Northern Hotel, deposed.that he knew the prisoner. He saw him at the Northern Hotel yesterday,

and had turned him out several times. About half-past 11 o'clock last night the prisoner and a man known as "Big Tom" came into the bar, and asked for drinks. Bis; Tom called him ( witness ) outside and said he had a ten guinea watch which he wanted to se:l. Witness declined to have anything to .do with it. The prisoner was present at the time. "Witness shut T the bar door, and the two men went round wi .the private,.entrance. A man named Jenkins wsis abbjit to buyv the" Match, when witness iavingiJEbld about the matteiy'he ( Mfir'B. ) asked to see the watch. The watclv was passed to Mr. Blakesley, who inquired where they (the two men ) had got it from. .At this stage of the proceedings Sub-In-spector Smith asked that the man Thomas hj" eenan should be placed in the dock with the prisoner M'Carthy. He had intended calling-Turn as a witness, but he now thought there was sufficient evidence to show that he was at any rate aware that the watch had been.stolen, and ..wassail-accomplice, so far as 'cUspose of the stolen proThomas Keenan, alia* Big Tom, was then placed in the dock, charged with being concerned in the larceny. Witness continued : The prisoner M'Carthy stated in reply that he had bought the watch two years ago from Mr. llislop, in Dnnedin. Mr Blakesley asked if lie knew the number of tlv> watch, and he (the prisoner M'Carthy) , said he did, and that it was 3007. Mr. Blakesley then sent for the police. When the police came ho (witness) asked Keenan where they had gat the watch, and ho replied that tho prisoner M'Carthy had taken it from a North of Ireland man at Perry's Hotel. Witness then fetched the prosecutor M'Auiey, who identiiiwd the watch as his property. To prisoner M'Carthy : 1 never saw the watch in your possession, but you claimed it j as your property. Prisoner Keenan : 1 do not want to ask any questions. The man is speaking the truth.

Witness to the Court : The prisoners were about three parts drunk, but they were sober enough to know what they were doing. Constable Smith stated that before he arrested the prisoners he asked M'Carthy if he was the owner of the watch, and at lirst he replied that he was, but immediate y afterwards said he was not. On being asked if he was the owner of the watch, the prisoner Keenan said he was not. lie (witness) then said lie would have to lock them both up, as their explanations were not satisfactory. The prisoner Keenan then said that ho know where the watch came from ■, that the prisoner M'Carthy had taken it from the prosecutor M'Auiey about seven o'clock, as tln-y were walking along Thames-street, between M Jutland's Hotel and the Swan Hotel,

To prisoner Koaimn : You did tell me thai; you cither took the watch from the prisoner McCarthy, or that he gave it to you to give it to Mrs. Grant to keep for the man who owned it.

Joseph Jenkins gave evidence as to the prisoners offering the w:\teh produced for sale to him. They asked U Ids. for it, but afterwards agreed to take LS tor the watch. Witness, after going up stairs to get the money to pay tor the watch, said that he thought it hail been stolen, and would not pay for it.. The prisoner Jl'Carthy then said ho had bought it in Dimedin two \ ears ago. Tito prisoner Keenan said it was bought in Oamaru after the shearing.

This was the case for the. prosecution. Prisoner Keenan: I saw Id 'Cart by take the watch from the man. He broke a bar in the guard attached to the watch. Prisoner M 'Carthy : The watch was taken from the man to take care of it for fear he might lose it. I g-ivo it to this man (pointing to the prisoner Keenan), and ho asked Mrs Grant to take charge of it. His Worship : Kather a strange way of taking care of the watch, offering to sell it. The prisoners were then committed for trial at the next sitting of the Supreme Court, to be held at Duncdin on Monday no>;t,