RESIDENT MAGISTRATE’S COURT.

Patea Mail, Volume II, Issue 120, 3 June 1876, Page 2

RESIDENT MAGISTRATE’S COURT.

Thursday, June 1. (Before Major Turner, R.M,) ROBBERY FROM THE PERSON. Peter, a native from Hawera, was brought up. charged with having on the 30th May stolen a watch, the property of John Douglas. John Douglass deposed—l am a settler, residing at, Ketemarae. On Tuesday last I was asleep on a sofa in Mr Quinlivan’s hotel, Hawera. On waking up 1 found that I had lostmy watch. It was a silver lever watch, and it cost me £9. The watch produced is the same. I recognise it by initials on the dial plate, and my name is written inside. The initials are S.M.G. I also missed £2 in notes. I told Mr Quinlivan of my losses. I do not know any more about it, Mr Quinlivan can tell all that then took place. By the prisoner—l did not see you take the watch and money, and 1 cannot say' who did. Thomas Quinlivan, hotelkeeper, said— On the evening of the 30th May, between 7 and 8, prisoner came into my house. I ordered him away, as he was knocking about the passage and trying to get into the room. He did not seem inclined to go away, ami a little time after I noticed him going into the small room where prosecutor was lying. I followed him in and as I thought, saw him pull his hand out of Douglas’ trousers pocket very quick. He was leaning over the latter at the time. I caught hold of him and threw him out at the door, at the same time calling the attention of Constable Coif-y to him. I got prosecutor to g -t up shortly after that to go to hod. Another man went upstairs with prosecutor, Mr Ibiwke, settler, who came down directly add said that the prosecutor had lost his watch. I reported this to Constable Coffey, who subsequently arrested prisoner. In a place where I saw prisoner coining from, I found a cheque hook and some letters planted, the latter being addressed to Mr ' Douglas, .which . I. .handed over to ■ Sergeant Dolan. Those produced are, I believe, the same. When Mr Douglass was in the room, two other natives were in and out of it. They arc in Court, and their names are Ngahinaand Mawuina By the prisoner—T did not know that yon had stolen anything, or else I should have given you in charge when you took your hand out of prosecutor’s pocket. Constable Coffoy proved the arrest of prisoner. He had previously called the attention Mr Quinlivan to the prisoner, telling him to be careful of him, as he wias dishonest. A little after that Mr Quinlivan informed witness that prisoner had gone into the room whore Douglas was lying, ho (Quinlivan) followed him in, and then put him outside, telling him not to return. As he was not positive that prisoner had his hand in prosecutor’s pocket, Quinlivan would not then give him in charge, hut subsequently gave information to witness that Douglas’ watch, money and papers had been stolen. Witness went in search of him, and found him in the billiard room. He was at that time the only native in the township that he could see. -Mr Furlong, at witness’ request put prisoner out ot the billiard room. . Witness lay in wait for him with a view to watching him when he left the room. On coming out prisoner ran towards Quinlivan’s house, went on his knees, and groped under the building for something After this he ran off towards his home, when witness pursued, caught, and arrested him. Witness took him to Quinlivan’s, and there searched him thoroughly, but did not find the watch on him, nor any money. Prisoner afterwards went to look for the watch with witness. He said he had taken the watch, but that Mawuina had it. He wrote the two documents put in and signed them. (Both of them were to Ngahina, asking him to come down to give information about the watch, and to return it). Witness went in search of Ngahina to tell him to return the watch," Ngahina returned it to Sergeant Dolan before . witness got back. Sergeant Dolan proved that prisoner admitted taking the watch, and also that he volunteered to find it, but, though search was made he did not do so. He then said as • I understood him, _ that Ngahina had taken it away. He tried to

escape, but witness ; caught _ him. Goffey had preuiously caughi - him when he was running home. Prisoner was theii locked up. At about 10 o’clock next morning. Ngahina and Mawuina were in the township, and witness questioned them about the watch, when the former showed it to" witness. Ngahina told Major Brown that he had seen the watch with prisoner, and took it from him, as he (Ngahina) did not believe that he had come by it honestly. Ngahina then handed the watch to witness. Ngahina, a native, said:—On the 30th of May, I went to Hawera to see Major Brown, and on my way home I called at Quinli van’s hotel. I there saw the prisoner in the little parlor, sitting on the sofa, alongside Mr Douglas. He had Mr Douglas’ watch in his hand, the one produced is the same. Mr Douglas said to me “I say, Ngahina. will you see about my watch ” and I i hen took the watch out of the prisoner’s mind, put it in my pocket and went home to Matangarora. When I got home, I told my people that I had got a watch in my possession that had been stolen from Mr Douglas by Tuata (Peter). Next morning I went again to Hawera, with the intention of’resloringthe watch to Mr Douglas, but seeing Sergeant Dolan I gave it to him. In reply to the Bench, witness said that he did not report the robbery to the police because it was the Maori principle to give it back to his friend, Mr Douglas. After all the evidence had been taken, on being asked what he had to say, prisoner admitted that everything that had been said against him was true. It was virtually a confession of guilt, and when this is made, by a native offender, the 104 th section of the Resident Magistrate’s Act, empowers the magistrate to deal summarily with larceny cases, and give sentences up to two years. The magistrate in this case therefore, in order to save the expense necessarily attached to prosecution in a superior court, sent prisoner to gaol with hard labor for six months. CIVIL CASES. W. Cowern (Secretary to 25th Road Board) v. J. F. Baker. To recover £l9s 4d rates. It was proved that defendant did not own the land, and the case was dismissed ; same v. Eason, £7 8s 2d, rates, case adjourned ; same v. Pearn, same v. Executors of T. Scandlyn not served.