RESIDENT MAGISTRATES COURT.

Oamaru Mail, Volume IV, Issue 1319, 11 October 1880, Page 2

RESIDENT MAGISTRATES COURT.

THIS DAY. (Before T. W. Parker, Esq., R..M.) DRUNKENNESS. Four individuals, who made their first appearances on charges of drunkenness, were dealt with. One was cautioned and discharged, two were fined 5s each, and one 10s. . LARCENY. • John Cnnningha.m, alias Sullivan, and James Gilchrist, both of whom have recently been discharged from the Dunedin Gaol, were charged with having, at Ross' Hotel, Upper Waitaki, on the Ist October, stolen from a cash box the sum of L 6 ■ 10s, the property of William Ogilvie Ross. Inspector Thompson prosecuted. Both prisoners pleaded not guilty. The evidence of Mr. Ross, Mrs. Ross, Constable Livingstone, and another wit.ness was taken, and went to show that about the 29 th ult. the two prisoners went to the hotel and remained there a day or two. On the 30th inst. Mrs. Ross and the children were out for a few hours, and on returning Mrs. Ross, in the presence of Sullivan, stated that the cash box, which was kept in the bedroom, had been robbed. At the time there was a large sum of money in the cash box. Mr. Ross, in company with Sullivan and others, went to Gilchrist's room, and accused him of being implicated in the robbery. Gilchrist theu said something to the effect that he knew something about it.' The two prisoners then accused each other of stealing the money and receiving it. Sullivan accused Gilchrist of taking the money, and Gilchrist retorted that Sullivan had received it. The clothes were searched, but the money could not be'found. The two prisoners quarrelled over the matter, and were on the point of fighting. Mr. Ross told the prisoners that if he did not get his money he would put the 'matter into the hands of the police. The next morning, about six o'clock, the prisoner knocked at Mr. Ross' bedroom window and said he had found the money down iufront of the house in an old garden, and placed it on the bar counter. Mrs. Ross, in her evidence, stated that after she returned home Sullivan asked to speak to he? privately, and on her declining to have a private conversation he said that the cash-box had been robbed, and that Gilchrist had taken the money—that he had seen him with it in his hand, Gilchrist afterwards told Mrsu Ross that Sullivan had the money planted. The two men remained the houso until the 3rd instant, Information of the robbery was given, to, the police, and Constable i Livingstone arrested the prisoner Sullivan !at the Xtedcliffe Hotel, Canterbury, 011 the 4th inst. The prisoner then said he 'knew nothing more about it than giving information to Mrs. 3&oss and finding the money ; th&« he was sitting in the kitchen and saw Gilchrist go into tho bedroom and take the money; that the prisoner Gilchrist had admitted taking the money and giving it to him (Sullivan) to plant; thats owing to this they had a fight \ that he (Sullivan) ran to the ferry to atop Gilchrist going across, a,a h® the stolen money. The prisoner (Gilchrist) was arrested by Constable Livingstone at the Otematata station on the 9ch, and he (Gilchrist) then said that he saw Sullivan take, the money. * His worship said that h© believed the theft had been a pre-asranged affair, arid that both pfisoqers were implicated in it. One hajd apparently agreed to take the ; money and the other to receive it. He oauld not do otherwise than commit both prisoners to take their trial. The prisoner Sullivan then,, in reply to the usual challenge, mad© a long statement with reference to seeing, Gilchrist take the mauey, and his after conduct; I that I\q had gone to the ferry to have 1 Qslchrist stopped ; that on Mrs. Ross re- ' turning home he immediately gave information of the fact that he had seen Gilchrist go twice into the bedroom—the first time bringing out gold and silver, and the second time notes; that he had willingly submitted to being searched ; and that on the following nwuiqg he had found the money in the garden, and at once restored it to ssrs. Ross, The prisoner Gilchrist declined to say anything. Ejoth pyigcmers were then fully committed to take their trial before the District Court. The prisoner Sullivan : In Timaru or Otago 1 His Worship : Where? The prisoner Sullivan ; The offence was committed iq Canterbury, and the case should tried at Timaru. Bis Worship remarked that he could not see any advantage in sending the case to Timaru, as the case would be brought before the same judge. The prisoner Sullivan : I woqVi ratlier be tried in Canterbury. His. Worship : It is i\o,t. a matter for consideration wha,t you, would prefer* The convenience of witnesses is the first matter for consideration. This is the convenient place, and it can make n,o difference to you. You will be tried at the next sitting of the .District Court for criminal business in Oamaru.