RESIDENT MAGISTRATE'S COURT.

Oamaru Mail, Volume IV, Issue 928, 7 April 1879, Page 2

RESIDENT MAGISTRATE'S COURT.

THIS DAY. (Before T. W. Parkbr, Esq., E.M.) ALLEGED THEFT. Frederick Edward was charged with having stolen 25s from one Hugh Kee. Hugh Kee, sworn, deposed : I am a gardener, residing at Oamaru. During the last three weeks we had been working together at a thrashing machine at Maheno. We left there on Saturday, and came into Oamaru. We both stayed at the Queen's Hotel. We both indulged in a glass or two on the night of the Gth, but neither of us were drunk. When I went to bed, the accused was in the room. While I was dosing I heard a noise, opened my eyes, and saw the accused with my trousers in his hand. I had left them at the bed head. I counted my money before I went up-stairs, and I then had half-a-sovereign and 15s in silver in my pocket. The accused put his hand in the pocket, took the money out, and put it in his own waistcoat pocket. I said to him, " Well, you had better put those trousers down. What are you doing V He answered, " It's all right. lam going to leave them at the bed head." He then went to bed.. I was awake this morning at 6 a. m., when the prisoner got up. I asked him to leave my money on the table, and have no more trouble about it. The accused replied that he did not know anything about it. No further conversation took place, and the prisoner left the room. I again saw him about 7.30 a.m., outside the Northern Hotel. I asked him to give me the money he took out of my pocket last night. He said, "I don't know anything about your money." I never gave the prisoner any authority to take money from my pockets. This closed the' case for the prosecution.

The prisoner stated that he could bring witnesses to prove that the prosecutor was drunk on the evening of the Gth inst., and that he had money of his own to the amount found on him.

Sergeant. Beattie rlrpo lJ to having arrested prisoner about 0.30 a. ui., hi Wansbeck-street, outside the Northern Hotel, and on searching himfo'r.. 1 half-a-sovereign, thirteen shillings, and two hal fpence. The prisoner called Frank Nelson, who deposed that he was a miner, but had been following harvesting lately. He saw the prosecutor last night in a drunken state, and in company with a dirty old woman, who was half drunk. The prosecutor was also in a drunken condition. He believed that the prosecutor had lost his money in her company. Cross-examined : I saw him about 8 p.m. passing the Queen's Hotel. I was sitting outside on the ledge of the window. He parted with the woman down the street, and came back to the Queen's. He then went inside, and I did not see him afterwards. I think he was pretty well on. The accused had money yesterday. He shouted, and paid for drinks in silver. I did not see him change any notes or gold. His Worship, in giving judgment, said that he would give the prisoner the benefit of the doubt, and discharge him. DRUNK AND DISORDERLY. Andrew Finley, for the above offence, was fined ss, or 24 hours, and James Gavin and Thomas Bing were fined 2s 6d, with the alternative of 24 houra' imprisonment. ASSAUU. Jim Sung, a Celestial, was charged with assaulting Ah Sung with a hammer on the sth April. The charge was withdrawn, on the defendant agreeing to pay the medical expenses.