RESIDENT MAGISTRATE’S COURT, GISBORNE.

Poverty Bay Standard, Volume IX, Issue 1013, 17 December 1881, Page 2

RESIDENT MAGISTRATE’S COURT, GISBORNE.

Friday, 16th December, 1881.

(Before W. C'ommonEsq., and R. JI. Fisher, Esq., J.P.’s)

J. McAra was charged on the information of the police with having negligently suffered his chimney to catch fire, in contravention of the Borough by-laws. Mr McAra said that the chimney did not catch fire, through its being foul, but through the piping of the stove becoming heated, he, therefore, objected that the information was bad.

Case dismissed. J. Vandy was similarly charged. In defence, Mr Vandy said he swept the chimney himself three or four weeks ago, and was absent when it occurred. The Bench said there was no direct evidence that the chimney had been on fire, and dismissed the case. ANDREA DUNN V. SARAH HEARFIELD. LARCENY OF AN UMBRELLA. Mr Brassey appeared for the defendant. Complainant, sworn, deposed : The accused lives near to me in Roebuck Road. I saw her at my house on Saturday, the 10th instant, about 11 o’clock at night. She came up to my bed-room. 1 was sound asleep. She struck me twice with a boot. My boy woke me. He was in bed with me. The outside doors were locked. I don’t recollect what she said, but she used very bad language. Sh'e said her husband was in the house. I and my boy chased her downstairs, and she bolted out of the back door. She took my umbrella away with her. She came in through the kitchen window, the umbrella was standing near the window when I went to bed. I value the umbrella at Ils 6d. It was quite new. I recognise the umbrella produced as my property. I did not miss it until Sunday morning, and I said Mrs Hearfield had taken it away the night before. The accused and I are not on intimate terms.

By Mr Brassey : I have been married nearly nine years. My husband has been away about three years. Mr Hearfield was at my house on Saturday. He was not in my house when his wife came in. lie was not under my bed. Mrs Hearfield accused me of having her husband with me. Ido not know her reason for coming to my house. Hearfield left before seven o’clock, and I did not see him again. I did not lend the umbrella to the accused.

Ellen Bradley deposed to having seen the police coming towards Mrs Hearfield’s house, and that she ran to tell the little girl. Mrs Dunn had told me she had got the umbrella. Constable Farmer deposed to searching Mrs Hearfield’s house, and accused told him that she would give Mrs Dunn the umbrella back if she apologised for

having her husband (Hearfield) in the house. Mrs Hearfield said she had taken the umbrella.

By Mr Brassey: Mrs Hearfield made no attempt to conceal the umbrella.

Sergeant Bullen deposed that Mrs Hearfield refused to give up the umbrella, and ran out of the house. 1 followed her, and she picked the umbrella up from amongst some peas. The one produced is the same. She acknowledged to having taken the umbrella, but not to steal it. Mr Brassev contended that no larceny had been proved, and would call his witnesses to show that no felonious intent existed.

John Hearfield was called, and after a few sentences —in which he was proceeding to show that Mrs Dunn’s evidence was not correct —the Bench very properly, and peremptorily stopped the witness, and dismissed the charge.