PRESIDENT MAGISTRATES COURT.

Oamaru Mail, Volume IV, Issue 945, 28 April 1879, Page 2

PRESIDENT MAGISTRATES COURT.

THIS DAY. (Before T. \V. Fakkrr. Esq., R.JI.) DP.USK JLN'D DISOUDEELY. Sarah O'Coimer, for having been drunk and disorderly in Thames-street on Saturday evening, was fined 10s, with the option of going to gaol for 48 hours. Alexander Simpson, who had been admitted to bail, did not appear-, and his bail was ordered to he estreated. ti'CKAY CATTLE. T. H. Brown, for allowing a horse to wander at large, was fined 3s; and William Cargey, for allowing a cow with | a tether rope to wander at large, was fined 10s. XAECENY. Henry Lynch was charged, on remand, with having, on th.3 23rd instant, stolen a pocketbook and two LI notes, the property of one Lawrence Butler. Inspector Thompson prosecuted. James "White deposed that, on ths 33rd instant, he saw the accused and prosecutor together in the Northern Hotel. The prosecutor had a purse and what appeared to be L2 or L 3 in it. TJiey had some drink, and left together about 20 mfriutes afterwards, he again saw them in the Star and Garter. They were hath under the influence of drink. He saw the accused take a puree and a book out of the prosecutor's coat pocket, and put it under his guernsey shirt. They then loft, and went down Spence and Bee's right-of-way. He (witness) had said to the accused that he should give the prosecutor his money back, and accused replied to him in bad language. The prosecutor, Lawrence Butler, gave evidence to the effect that on the morning of the 23rd he had a pocketbook with L2. in it; that he got drunk, and when hj& got sober the pocketbook was gona, and that he did not know what had become of it. His watch had been given back to him by the accused.

The prisoner, in defence, called, Arthur M'Core, who deposed that he had not seen any pocketbook in prosecutor's possession. James Dunn stated that prisoner had told him that he had had a. watch given to him to take care, af by some man he did nqt know, and that he (prisoner) had handed it to him to give to the owner, if he, should turn up. In the evening the prosecutor was brought to. his liouse, and he gave him, a bed. Prosecutor had no rnpney to pay for it. He was away before the prosecutor got up in the morning, but on his return home he learned that the prosecutor was the, corner- p* the watch, and t]iai \i had been given to him, His Worship said he would take a little time to look through the evidence before giving his dgcisio.n. AIiHGED ¥ALSB PKETENCES.

Robert M'Taggart was charged, on remand, with having on the 6th February last obtained half a ton of coal from John Orr by means of false pretences.

Inspector Thompson prosecuted, and Mr. O'Meagher appeared for the prisoner. William Pygawrememberedthe prisoner being in Mr. Orr's j'ard, with a" horse and express, on the Cth -February. The prisoner had a conversation with Mr. Orr, but witness did not hear it. He helped to put six bags of coal on accused's express.

Robert Keenan deposed, that about January last he engaged the defendant in Dunedin to drive his express. He remained in his emplo3-ment about a fortnight or three weeks. He could not say whether he was in his employment on the Oth February, and could not say when he left. He was in the habit of getting coal from Mr. Orr. Ho would not swear whether or not he had got any coal from Mr. Orr on the oth February. He did not know whether ihe boy had got any goal from him on that date. He did not remember whether or not he had sent the prisoner to Mr. Orr's for coal on that day. Inspector Thompson : It is no use going any further with this case, your "Worship. Mr. O'Meagher : But I will, in order to completely clear the poor boy's character, which I can do entirely. As the matter stands at present some suspicion might attach to him, and 1 purpose calling a witness who will put the matter beyond doubt, and entirely clear the boy from suspicion. I will lirst cross-examine this witness.

Cross examined by Mr. O'Meagher : He remembered being -in the Star and Garter Hotel on or about the (3th Feb., in company with V. 7 . Boyland and the boy. He remembered a pound passing between Boyland and himself. He did not remember being in Boyland's house one evening, when the accused took some coal there. He did nut remember on the (>th February telling the accused to go to Mr. Orr's and get half a ton of coal. He would not be prepared to contradict Mr. Boyland if he swore that he (witness) had told accused to go Mr. Orr's for half a ton of coal. He would not swear that three bags of coal were not delivered by the accused at his (witness') house on the 6th February. James Boyland remembered hearing Keenan, at his house, givo the boy some instructions, about ihe o'th February, to go to Mr. Orr's for some coal. He first told h;,m, to get a quarter of a ton. and afterwards to got halt a ton. Three bags of coal were brought to his (witness') house while JiVonan was present. Prisoner brought the ticket to him (witness), lie produced the ticket, which bore ihe date (>th February, and was for hftli a ton of coal.

Mr. O'Meagher then said that he hoped his Worship would b in dismissing the case, let it be known that no suspicion of having been guilty of false pretences could be attached to the accused.

His Worship said that he conk! not blame the prosecutor for having brought the case, for he had applied, fur payment, which had been refused. Ho had probably been told, by Keenan that he had never ordoyo.3 tho coal, and lie had theroupo\\ laid tho information. He dismissed tho accused, remarking that there could not be the slightest suspicion against him. ASSAULT. Patrick Greelish pleAUftd guilty to having assaulted o.ne, J/avid Lindsay at an early hour thi» morning, and after evidence had'bv.eu taken to show the nature of the f assault, his Worship inflicted a fine of L2. ALLEGED LARCENY. Thomas Lees was charged with having, on the 25th February, stolen LJL3, the property of one James Walsh. Inspector Thompson said that the accused had been given into the custody of the police on tho charge : but he had failed to obtain sufficient evidence to lead to a conviction, though he had made every inquiry. The only evidence he had obtained was to the effect that the prosecutor had come into town a few days ago, and had started drinking. One morning while lie was sitting on a door stop counting his money, the prisoner came along and asked him to '-' shout." They appeared to have commenced a drinking bout,, and on the prosecutor recovering his consciousness, he missed his money, but there was no direct evidence to show that it had been stolen or how it had gone. Under these circumstances he (Inspector Thompson) would have to ask permission to withdraw the prosecution, H_is Worship decided to hear the evidence of the prosecutor. James Walsh, the prosecutor, was then examined, but his evidence simply bore out what the Inspector had stated. He said he had got drunk in the prisoner's company, and on recovering consciousness had missed his money. In reply to accused, witness stated that he did not remember having ridden in Kcenan's cab with prisoner, or having been in Keenan's house. His Worship, in dismissing the case, remarked that it was merely allowed to drop, and that prisoner was not entirety freed from the suspicion of having stolen the money. Unfortunately, that part of the matter could not be cleared up.