RESIDENT MAGISTRATE'S COURT.

Patea Mail, Volume III, Issue 212, 21 April 1877, Page 2

RESIDENT MAGISTRATE'S COURT.

o Wednesday, .April 18, 1877. (Before Capt. Wray, R.M., and H. F. Christie, Esq., J.P.) Breaking into a Dwelling. —Charles Christian and Christian Kurst (foreigners), were charged by Frederick Wallctt (a German) with having, on the 15th April, broken into and entered the dwelling occupied by him at Waverley, with intent. Mr H. E. Adams appeared for Koerstz. Mr Frederick Smith acted as Interpreter for the German, and Mr Peter Nelson as Swedish Interpreter. Frederick Wallett, a carpenter, living at Waverley, deposed to going home between one and two o’clock on Sunday morning, the loth instant, and finding the prisoners at his door. Did not speak to them. The prisoners left on his arrival, lie distinctly recognised both prisoners. It was a starlip ht night. On going inside the house liis wife told him what had happened, in consequence of which he laid information. Caroline Wallett, wife of Frederick Wallett, deposed to hearing a knock at the door, between one and two o’clock on Sunday morning. She got out of bed, and asking who was there, partly opened the door. She expected it was her husband. Prisoner Christian, whom she recognised, pushed the door open, which she tried to shut, but could not. She looked to see if her husband was there, upon which Christian put his arm on her, when she stepped back and forced the door to and fastened it. Prisoner went to the window and called out for her to open the door, and said “ I am going to stop with you all night, your husband is not at home.” I told him to go away, and that my husband would come home. Prisoner went to the door again and forced it open. I went into my bedroom and locked the door. She heard prisoner’s footsteps in the house and about the time her husband came home, when she told him what had occurred. She did not see Koerstz, hut saw Christian, and recognised bis voice. Caroline Maria Olson, a married woman, deposed to living in the same house with the prisoners, and that they were absent up till between one and two o’clock on Sunday morning. It was getting dark before they went out on Saturday night. She heard them speaking together after getting home, and Christian went into her room to ascertain the time. The witnesses were cross-examined by Mr Adams. After a lengthy hearing The Bench did not consider the evidence adduced in the case of Koerstz sufficient to commit, and therefore dismissed him. Prisoner Christian said he could bring witnesses to prove ho was not at prosecutor’s house at the time stated, and asked for an adjournment, which was assented to. On Thursday, the charge against Charles Christian was again brought on for hearing. After further evidence bad been taken the prisoner was committed for trial, bail being allowed. -