RESIDENT MAGISTRATE'S COURT.

Oamaru Mail, Volume IV, Issue 1255, 26 April 1880, Page 2

RESIDENT MAGISTRATE'S COURT.

THIS DAY. (Before T. W. Parker, Esq., K..M.) FIGHTING. Michael Sheehan and Patrick Moore were charged with having committed a breach of the peace by fighting in Thamesstreet at 3 o'clock on the 24th instant. The evidence of Constable M'Gaughran having been taken, his Worship repiarked that the affair did not appear tolwe been of a serious nature, but the prisoners,, if they wanted to fight, might have gone to some place out of the sight of the public, He ordered each prisoner to pay a fine of 303. LARCENY AND ASSAULT. John Connell was charged with having at Oamaru, on the 24th April, stolen one black silk shawl, one white silk handkerchief, one tobacco pouch, and a quarter of a pound of tobacco, all of the value of 16s 3d, the .property of a Chinaman, named Chew Tonck, Michael M'Qrath wag charged with having unlawfully abetted John Cqnn ell in the larceny of the property above men: tioned from the Chinaman Chew 3?orick. Both prisoners, who were undefended, pleaded not guilty. Inspector Thompson prosecuted. The evidence of the Chjnanian went to I show that on Saturday last, at half-past 11 o'clock, he was at the house of a woman named Sullivan in Trent-street, The two prisoners and several women were there. One of the women bought two shawls. After these had been pdid for, the prisoner Connell and the women went away, and prosecutor discovered that his pocket-handkerchief had gone. After some discussion about this, one of the women returned and obtained some small article on credit. On prosecutor going into the house to tell the woman that she qwed him gs 6d, he the prisoner Connell sq.y "Pass in." Jfe turned round and saw Connell with the basket in one hand and a silk shawl in the other. The basket had been passed up to the window, but prosecutor could not saj

by whom. M-Grathwas, however, standing outside the house, near the window and < the basket, and the prisoner Connell was inside. On prosecutor asking Connell to return his property he (Connell) went out at the front door and ran to the next house. Prosecutor then went part way to the police station, but.again returned and asked for his property, telling the prisoner M'Grath that he was going to the police station, and accusing hiu> of having passed the basket to the prisoner Connell. M'Grath denied this, and told prosecutor not to go to the police station till he had seen Connell. M'Grath then went to the next house and asked for Connell, but the woman denied that he was there. Prosecutor again started for the police-station, but the prisoner M'Grath brought him back by calling out, "John don't go, your basket lias gone." He returned, and Ending his basket all right he left for the police station. On passing through the gate he saw the prisoner Connell running up the street, and prosecutor ran after him. On overtaking Connell, prosecutor took him back to the house of the woman Sullivan. Prosecutor then told Connell that he would not let him go away until the police came. Connell asked if prosecutor was going to give him into custody, and on receiving a reply in the affirmative, attempted to run away again. Prosecutor then demanded the restoration I of his property, and threatened that he ' would break Connell's neck. Prosecutor then attempted to strike Connell with his bamboo stick, but M'Grath caught hold of it. Connell then struck prosecutor in the eye with his fist. Prosecutor attempted a second time to strike Connell, and was again prevented from doing so by M'Grath and struck by Connell. Prosecutor then identified the shawl and pocket handkerchief produced, and said he saw the prisoner Connell with the shawl in his hand. Prosecutor stated that he had his tobacco pouch at Sullivan's house, and missed it when he was on the road to the police station. He did not know who had taken it. The prosecutor was cross-examined at some length without eliciting anything important, save the statement that there was no other man present. Kate Grant gave evidence to having seen a small box passed up the sill of the window of her bedroom. Connell was in her room, and she saw him take hold of the box. Connell could not have reached the basket, which was standing outside the window. She saw Connell take something smartly out of the box, but she could not say what it was. Connell then tried to get out of the window leading to the back yard, but was prevented by the Chinaman. He then left by the door, but where he went she could not say. She did not see him again until about twenty minutes or half an hour afterwards, struggling with the Chinaman over a stick. The Chinaman was bleeding at the nose, and his eye was cut. Annie Murdoch gave evidence to the effect that on Saturday morning, about half-past 11 o'clock, she was in the house of the woman Sullivan, and saw the . Chinese hawker there. She afterwards went to her own house, which was next door but one to Sullivan's. When : she went in, she saw Connell there with a black shawl round his neok, Connell took it off his neck and put it between two sheets of witness' bed. She told Connell that the Chinaman was coming, and .. he replied that he had not taken it out of any harm. Connell said he did not care whether he did or did not get into trouble over the shawl. She left the house then, and went to Sullivan's, leaving Connell in her house. When she next saw Connell he was fighting with the Chinaman in Sullivan's yard. When she returned to her bedroom the shawl was gone, and she did not see it afterwards.

Mary Ann Hoskins, wife of Albert Hoskin3, residing in Trent-street, said she knew the prisoner Connell. She saw him in Annie Murdock's house about five o'clock on Saturday last, He had in his hand a blaclj shawl arid a dirty silk handkerchief resembling those now produced, Connell said, " These are the things that were stolen." "Witness said, "The Chinaman has given M'Grath in charge for stealing them, and you have got them." Conneil left the house, and in a minute's time returned, saying, " Sow, it will take them all their time to fins Witness said, " Jf they are anywhere about, you must have planted them about the place," and Connell replied, "Go and look for them, then." On Sunday morning we had a conversation in witness' house with Mrs Sullivan about the things, and Mrs Sullivan left and returned in a few minutes' time, saying qhe hacl foi(nd them ijndej 1 the bouse. The handkerchief was marked with blue thread at two corners, The handkerchief produoed is the same. Inspector Thompson said the woman Sullivan had refused to come forward and give evidence unless summoned to do so. He therefore asked for a remand until tomorrow morning. , His Worship granted the remand. A charge against the prisoner John Connell of having assaulted the Chinaman was also adjourned until to-morrow morning. LARCENY. John Broadley was charged with having, at Taipo Hijl, on the 2Qrd inst., stolen two turkeys of the value of 16s, the property of W. H. Teschemaker. The prisoner pleaded guilty. Evidence was given by Colin Gallaghan that he saw the prisoner about 11 o'clock on the night in question taking the turkeys. They were roosting on the stock-yard fence. He pursued the accused and caught him with the turkeys on his shoulder —one alive and the qther 4eg4. • Mr. Teschemaker also gave evidence, stating that the accused had at first given his name as Staunch and afterwards as Kennedy, that on being caught and accused of the theft he denied having stolen them, saying they had been given.to him bv a man at thei Medora Hotel! He afterwards admitted the offence, and pleaded that it was. the first time in his life that he had done such a thing. Accused made a solemn oath as $9 the °f what he i had said, snd that he would never commit a thgft again. Mr. Tesghemaker then gave him permission to go j but he afterwards remembered having seen the man, and heard from the men that he had been seen about the place for some time. He had missed a good many turkeys before, and had reason to believe that accused was the thief. Constable Cameron stated that he had known the prisoner over twelve months, and that he had been about Oamaru all that time. ' His Worship sentenced the aooused to si? weeks' imprisonment with hard labor.