RESIDENT MAGISTRATE’S COURT, GISBORNE.

Poverty Bay Standard, Volume X, Issue 1052, 23 March 1882, Page 2

RESIDENT MAGISTRATE’S COURT, GISBORNE.

TUESDAY, March 21. [Before M. Pbici, Esq., R.M.] Esther Thomas, on remand, wa« charged with larceny of meat from the premises of Mr J. O. Barnard between Saturday night and Sunday morning. Prisoner pleaded not guilty. J. O. Barnard sworn, deposed: I know the accused. On Sunday morning I found my safe in the back kitchen had been robbed of apiece of meat. I informed the police, and they shortly brought the prisoner to my house with some meat on a plate. The kitchen door Iwas not locked, and could be easily opened by any one so desiring. Prisoner has frequently been employed about my house. I don’t think 1 saw the piece of beef before Sunday morning. I only Xijow about tbe Wof by

what Mrs. Barnard told me. The beef produced is the same 1 saw on Sunday morning, j don’t know from my own knowledge whether it was stolen from me. The plate produced is my property. I have only one other of the same pattern. I swear it is my plate. Prisoner told me that Mrs. Barnard had given her some meat on that particular plate on Saturday. She made this statement on Sunday morning, when she came with the police. Prisoner described the meat as steak.

Thomas McConnell sworn, deposed: I am salesman for Thelwall and Co. I know Mr Barnard as a customer. I remember sending him some meat on Saturday last, the 18th inst. It was a piece of sirloin about 81bs. weight. I sent it by Henry Wade. I cannot swear to the meat which I have just seen outside the Court.

Henry Wade, sworn, deposed: I work for Thelwall and Co. on Saturdays. I did so last Saturday. I carried out meat. I know Mr Barnard. I took some meat to his place last Saturday. 1 have seen the meat outside the ■Court. It looks like the piece I took to Mr Barnard, but I cannot positively swear to it. It was about 4 p.m. when I delivered the meat to Jas. Bovnton, a young man in Mr Barnard’s employ, at Mr Barnard’s house.

Constable Walsh sworn, deposed: On Sunday morning, 19th inst., I went tip to Mr Barnard’s. He told me he suspected prisoner. I went over to her house and told her Mr Barnard had lost a round of roasting beef. She eaid she had no beef in the house. All the beef she had was 21bs. of steak Mrs. Barnard had given her on the Saturday previous. She said she was quite sure she had no beef. There was another woman in the house, a Scandinavian. Mrs Thomas gave me permission to enter. I overheard her saying to the other woman, “ What about that piece of beef that Maher gave her?” The woman replied, “ Oh ! tell him, to be sure 1” 1 went in and saw the piece of beef produced on the plate, standing on a table. She said she didn’t like to tell mew here she got it. I asked her where she got it from. She made no reply. The other woman said Mrs. Thomas told her that one of the young Mahers brought it to her. I repented thequesiion to Mrs. Thomas and she said one of the young Mahers brought it to heron Saturday evening. She did not know which. She did not know whether it was dark or daylight when it was brought, but the candle was alight. I took Mrs. Thomas and the beef over to Mr Barnard’s house. The beef was on the plate now in Court. I saw Mr Barnard and he said the plate was his, but he could not swear to the beef. Mrs. Thomas said to Mr Barnard “ Don’t you know that Mrs. Barnard gave me 2!bs. of steak and this plate on Saturday p” Mr Barnard said “Yes, Mrs. Barnard gave you 21bs. of steak, but on a different plale to that.” On Monday morning about 8 a m. I saw Mrs. Thomas at her own place. She called me over to her house, and told me that one of the young Mahers brought her the meat on Saturday night, and that when one of her girls came home she went into the kitchen and saw the meat on the doorstep. She mentioned Willie Maher. -She said that on Saturday night, in consequence of the butcher being shut up, she did not go for meat herself, but Willie Maher went in her stead. One of her daughters coming home at night found the meat in question left on the doorstep. On the Sunday morning she declined to state which of the Mahers brought the meat, but on Monday morning she mentioned Willie Maher as having brought it. After I had suggested our going to see Mr Barnard she said “Wait till my child comes home, and I’ll go over myaelf and see Mrs. Barnard.

William Maher sworn, deposed: Out of employ. I have worked at Mr Allanach’s up to a week ago. I am 17 years of age. I know' defendant to speak to. I used to take bread to her house a long time ago. I was not at her house on Saturday 18th March, nor on the morning of the 19th. I lave not been near her house since I passed it with bread a week ago. I know her children by sight. I did not see them on Saturday last. I took no meat to defendant on Saturday last. I have not seen her to speak to for three ■or four months. I did not give any meat to her children. I gave no meat to any person on Saturday night last. I left no meat on the steps of defendant’s house on Saturday last. I went home between ten and half-past ten on Saturday night. In the meantime I was about the town with other boys ; the two Martins, Head’s boy, and my brother James ; they were in my company all the time. I positively swear I was not in Mrs. Thomas’s house on Saturday night I was not in her house on Saturday night, the 18th of March. Never have been inside her house in my life. It is three or four months since I supplied bread at her house. I live at home.

No evidence being adduced as to the meat ever having been in the safe, and the witness Boynton—who was alleged to have placed it there—and Mrs. Barnard being both absent, his Worship remanded the case until Tuesday, the 28th inst., in order that service of summons on the man Boynton be effected. Bail accepted in prisoner’s own recognizance in £2O. CIVIL CASE. Bovbke v. Cuff. — Special rate, 17s. 6d., 1880; general rate, £1 155., 1881—£212s. 6d. Judgment for plaintiff, with oosts, Bs.