RESIDENT MAGISTRATE’S COURT.

Patea Mail, Volume II, Issue 122, 10 June 1876, Page 2

RESIDENT MAGISTRATE’S COURT.

Thursday, June 8 (Before Major Turner, R.M.) ROBBERY FROM THE PERSON. Catherine Bulger, a middle-aged woman, was charged with having stolen the sum of £2OO in notes, from the person of Bennett Peny, at the Masonic _ Hotel, Carlyle, on tiie evening of the 6th inst. Bennett Perry, a farmer, deposed—l reside at Wairoa. The night before last, the 6th, I was leaving the Masonic Hotel for Wairoa, when Mrs Bulger and Alice O’Connor, who were looking out of the window, called me back. I went into the upstairs parlor, and stayed in the house that night. Mrs Bulger and I were together most of that time. When I went to bed that night, about shutting up time, I found that my money was gone. There was about £2OO ; I could not say exactly, but I am sure there was £2OO. It was in notes, twenties and tens of the National Bank of New Zealand. I got them in Wanganui. I had also a cheque for £B, which was not taken, and I have yet. The notes were in my trousers pocket, and the cheque in my coat pocket. I reported the robbery to Mr Beamish the first thing in the morning, and he advised me to give information to the police. I went down with a constable between 10 and 11 o’clock that morning, and searched Mrs Bulger’s room. We found £2l there, concealed under the washstand, stuck in the under joint with a woman’s hair-pin. The notes produced are those we found, one is a £2O and the other a £1 note, and both are on the National Bank of New Zealand. Mrs Bulger was most of the time with mo, but others were with me—Mr Pellatt, and two men working with him. When I went upstairs Alice O’Connor and prisoner were in the room. I was so drunk that I do not know whether I lay down on the sofa or not. I was on horseback when prisoner called mo back. I do not know what she wanted me for. I probably had spurs on at that time, but I do not know whether I took them off or if any other person did. Prisoner and Miss O’Conor sat on the sofa, one on each side of me. Probably Miss O’Conor fetched drinks, and I then should be left alone with prisoner. To the prisoner—You were upstairs when you called me hack. You certainly called me back. You were with me most of the evening. I am not aware that you shook hands with me when I was going home, and bid mo good night. By the Bench— I cannot identify the notes, as I had not the numbers. All I know is that I got them at the National Bank. I cannot identify the mark on the back of the £1 note. I cannot tell the exact time when I discovered my loss ; 1 was too much intoxicated, and at first I was not sure if Iliad not given the money to Mr Beamish to take charge of. I asked Mr Beamish at 9 o’clock in the morning. The reason whv I did not go to the police sooner was because I thought perhaps Mr Pellatt had taken charge of the money, and I waited to see him first. Alice O’Connor deposed.—l am housemaid at the Masonic hotel, Carlyle,, On Tuesday afternoon, the 6th inst, I %vas in my bedroom dressing, when I heard prisoner calling me. I opened my door and she came into the room, and asked me to call Mr Perry back, as he was going awaj r . I f=aid, I would not, that if she wanted him she was to call him back herself, which she did. Perry then came upstairs to the private parlor, and called for three drinks, with which I served him. Mrs Bulger was there when I want away, and when I came back was sitting in the same place where I loft her. Perry was at that time sitting on a chair near the window. Mrs Bulger was sitting.on the sofa. I stayed there a few minutes afterwards, when three more drinks were called for. I went down for them. They were, one shorrv, one ginger wine, and one of water. The water was for prisoner, as she would not drink anything else, and the ginger wine was for myself. I did not stay a minute afterwards, hut left the room after serving those drinks. _ This was about a quarter to 5 o’clock in the afternoon. I left prosecutor in prisoner’s company, and they remained there some time together. I did not see them anymore till late in the evening, about halfpast 8 or 9 o’clock. Previous to seeing them again, I went up to the room, and there found a shilling on the floor, and prosecutor’s spurs on the sofa. They had gone out of the room then, and no one was there. I subsequently heard prisoner wishing prosecutor good night in the passage, and recommending him to wait for the shower. I think he did not go away, but that he and prisoner went to the bar together after that. He stayed in the house all night. When 1 was, in the kitchen prisoner came to me and said that prosecutor was going to treat her to a bottle of wine, and she asked me to come and join in it. I went to the bar, but we had three drinks instead of the wine. The drinks were the same as before, the prosecutor having sherry, the prisoner water, and myself, ginger wine. I did not see prisoner again till I was going to bed. When I was in Mrs Beamish’s room, I heard a noise on the stair, and came out to see what caused it. It was prisoner and prosecutor, on the stairs. Prisoner asked for a bed foi prosecutor, when I told her we ’ had none. After this Perry went down stairs, and Mrs Bulger to her own room. I did not see him again that evening. Next morning, at Mrs Bulger’s request, I sent for Mr Pellatt, ns she wanted to lend him some money to take him home. I saw him coming, hut I did not see him in the house. That is all I know about it. I did not know anything of the robbery that night, hut I did next, morning. Prosecutor lent Mr Pellatt £2 that night. Prisoner was in bed when she sent for him, and I believe she was in bed when he went into her room. I did not notice whether, when prosecutor had the first three drinks, he was able to take his spurs off or not. Mrs Bulger paid for the first drinks. I was alone with prosecutor for a minute or two, Mrs Bulger having gone down stairs, I was not longer, and I then asked him to come down stairs., Prosecutor paid for the second drinks in silver, the third, had downstairs, were paid for by Mi*s Bulger with Is 6cl in silver. The Magistrate—What, do you charge for water? Witness—Of course we do (laughter). Prosecutor slept that night in the pri-

vate parlor upstairs. Mrs Bulger went to beiF first. I did not see prosecutor go to bed. ■To prisoner—l did not notice anything wrong' with you whilst I was in your company! You told me about a man in your room in the morning. John Beamish said—l am landlord of the Masonic Hotel. On the morning of the 7th, prosecutor came to me, and asked if I had changed a £2onote. I said I had not. He then said that he had lost some money, between £2OO and £3OO. At my advice he gave information to the police. I saw prisoner in company with prosecutor twice on the previous day in the bar. I did not see them at any other time. Perry slept in the house, in the private parlor upstairs, that night. Prisoner occupied a room by herself. I saw Sergeant Whelan find the notes produced in that room. In the examination of tins witness, a correction was made in Alice O’Connor’s evidence, it being prosecutor, and not Mr Pellatt. who went into prisoner’s room between 8 and 9 o’clock. Examination continued—l urged prosecutor to go for the police, as I could not detain the woman. I changed a cheque for £2 16s for prisoner. It was drawn by Mr Miiroy on the Bank of New Zealand. I do not know whether she had any more money. Prisoner got a bottle of rum previously, saying that she wanted to make a present of it. She did not pay for it, but said she would do so when she returned from town and she did so with the cheque. This was the day before Perry came to the house. Prisoner spent to, my knowledge, about 17s out of the money she had.

Sergeant Whelan proved searching the bedroom in which the prisoner had slept on the night of the robbery, and also the discovery of the £2O and £1 notes above referred to, hidden under the washstand, as had been described. He then arrested the prisoner, Perry suspecting her, and believing the money to be Ins. Witness searched the house, but could not find another hair pin like the one the money was fastened up with. Subsequently he asked prisoner for a : hair pin, when she said she did not use them. Afterwards lie found one, similar to those pinning up the notes, in the cell where the prisoner was searched in the morning. When he picked it up prisoner said it was not hers. It corresponded to those with the notes. Prisoner was searched and &2 in notes with fid in silver found on her. One note was on the National Bank, the other on the Bank of New Zealand. There were no special marks on cither. When arrested, prisoner said nothing more than, that she was not guilty. On being asked if she had anything to say in answer to the charge, she said she never took the money. As to the money found in her bedroom she never hoard anything about it till she came there. The Magistrate said that without doubt a daring robbery had been com nitted, hut he had no alternative hut to dismiss the case as there was no evidence before him to convict on. If people, whilst in a state of intoxication, would walk about with bund - eds of pounds in their pockets, they must take the consequences. The prisoner would be discharged. After this there was some trouble in the disposal of the £2l recovered, The accused would not claim it. Mr Beamish said it was not his, and the Court could not keep it. Under these circumstances the difficulty was settled by handing the money to the prosecutor. AMTOKD STABBING TURK AT. James (hdfncy was charged with having on the fith instant threatened to rtab i n • John Treweek, and also on; Thom.is Sen won. Thomas fv-owen, hotelkeeper at K>tcmarao, said that, on the day in question, prisoner was at his house. Mr John Treweek and Mr Jenkins were th'-re at tie same time. Some words arose, when the prison-T, takin ;• out a knife, said, “ I mean to give this to you, you b I then sent for Constable Roche, who arrested him. By the Bench—The constable came about a quarter of an hour after prisoner had uttered the threat. Witness was behind the bar and tin prisoner in front till the constable came. The prisoner was sober at the time. He did not sell two blankets to Mrs Scowen to witness’ knowledge. John Treweek, jun., a butcher, residing at Ketemarae, deposed that he was at Mr Scowen’s on the fith inst., when, after some words, prisoner said that he would take his (witness’) life if he got the chance, and that he would watch for one if he got clear. Subsequently Avitness assisted Constable Roche to secure the prisoner. By the Court—Prisoner did not try to stab Avitness, being prevented by Scowen. Witness heard him threaten to stab Scowen. Henry Jenkins proved that the prisoner and Scowen had some words, and he suav the fonner standing at the door with a knife in his hand. I beard prisoner ask Tweweek to go out and fight. When Avitness saw the knife in the prisoner’s hand, he asked him what he intended to do Avitli it. He replied that if he Avas double-banked he intended to use it. Mr Scowen Avas in the bar. Mr Treweek was there at the time, and Avas there before Roche, who had been sent for, came. Prisoner was taken into custody Avhilst witness was there. He was not taken into custody, but was not alloAved to go out before Roche came.

To the prisoner—l did see Mr Scowen with his shirt sleeves tucked up ready to fight you. Scowen made the remark that he had a good mind to hit .yon. There were two men in the little room off the bar at the time. There may have been more than two. The quarrel arose about some drink. Scowen said that you owed him sixpence, or that the hoy said that you owed him sixpence. You said you did not owe it to him. Constable Roche, stationed at Kotemarae, proved Hut lie arrested the prisoner on a charge of attempting to stab prosecutor. Prisoner refused to give up the knife (an ordinary sheath knife) and witness had to take it by force. When called on for Ids defence, the prisoner declared that what the first two witnesses had sworn to was false. He and his mate were going to a job, but stopped at prosecutors’s house and got boozing. They there sold two blankets and two shirts to get money to drink with," and out of it he u shouted,” to prosecutor ;

and his wife, and he thought if hard-to Be* locked up>after spending all their money' in the house. The Magistrate commented in severe terms on the management of the house, saying that this was the second disgraceful case that had occurred iiVtit daring the* last six months. He should certainly make a note of it for the Licensing Board, and, if a third case was brought forward, that body would take serious notice of it. The prisoner would be discharged on entering into his own recognizance of £lO to keep the peace for the next six months. BHEACH OF .REGISTRATION ACT. James Southcombe was charged on theinformation of Mr Hirst, Registrar of Births,. Deaths, and Marriages for the Patea district, with having neglected to register a female child within the time—• six months of its birth-—specified by the - Act. Defendant admitted the charge, but pleaded ignorance of the law, and, as the Registrar ash d that the penalty should be light, a nominal fine of Is, with 2s 6<S costs, only was inflicted. judgment summons. In the case of S. Taplin v. A. Kow, a' judgment summons to recover £lB 13s, defendant was ordered to pay* the an omt within a week, or go to gaol for twomonths.