R. M. COURT, GISBORNE.

Poverty Bay Standard, Volume I, Issue 73, 22 February 1884, Page 2

R. M. COURT, GISBORNE.

(Before J. Booth Esq., R.M.) YESTERDAY. LARCENY. Stephen Priestly was brought up, charged, on the information of Sergeant Bullen, with the larceny of one meerschaum and seven wooden pipes, two cigarette-holders, and several steel chains, from the shop of Mr. James Browne, stationer, Gladstone Road. Alice Hyett, niece to Mr. Brown, had oharge of the shop. There were two glass shelves in the window. Dressed the window on Saturday last, and put several on the shelf, and amongst them one meerschaum in case and several briarwood ones, some steel chains, match-boxes, and cigarettetiolders. That was all she could remember. Phey were worth about £2 10s., and all the pipes bore Mr. Browne’s mark, with the selling prices marked in plain figures. Was present in the shop during the 18th, and ;ook nothing off the shelf. Left on Monday aight at six o’clock, and came the follow-

ing morning at eight o’clock. All the things mentioned were on the shelf when she left on Monday night. Mr. Brown was the last one in the shop over night, When she returned in the morning the shelf in ths window was empty, with the exception of one cigarette-holder. Should say there were three or four there on Saturday and Monday. Thought she would know all the things again. Had never sold any like tuose o i the shelf. That (produced) was one she had put on the shelf, as she recognised the date and marks. Had no doubt whatever about that. Jas. Browne, stationer: The last witness was his niece and assistant in his shop. No one else was employed. Hcd not re aoved any of the goods from the shop. Recoja* -d the cigarette-holder produced. Was marked in his handwriting. Had not sold any of that sort. Had others like it in stock. Did not know what was in the window. Was the last to leave the shop on Monday nigat, when all was right. Did not put the shutters up. Seldom did so. There was nothing to screen the goods. Was called by the nightwatchman about twenty minutes to six on Tuesday morning, and told that his shop had been broken into. Found the windows broken and the shelf cleared, with the exception of one article, From certain information received he went into the Tclepham yard, Sent for the police, Sergeant Bullen camo, and he imparted his suspicions. Sergeant Bullen found the articles produced in the prisoner’s pocket. By Mr, McDougall—Had not discovered anything else, but found a broken cigaretteholder, just opposite the broken window, on the pathway. Could not say whether it was part of the stolen property. Had seen a chain in the possession of the police. Did not know anything about the chain. Sergeant Bullen here remarked that he could not connect the chain with the prisoner. Mr. McDougall said this was suppressing evidence. He used the word “ suppressing” advisedly. Cross-examination continued] — Constable Farmer said he had found the chain under some fruit trees, where a gang had been stripping the fruit. Took about a quarter of an hour to get to the shop. The night watchman accompanied him to the shop. They met Mr. J. G. Henderson on the road towards the shop. While the watchman went to fetch the police Henderson spoke to him (witness), Others came up—the runner boys from the newspaper office. He pushed them into his shop and searched them. Took two dice from one of their pockets. This was before the Sergeant came. Went and searched another boy who came out of the printing office, The Sergeant came up then. He (Ue Sergeant) went in and searched the prisoner Williamson and Humphries were also present Humphries said the robbery had been committed within one hour, and he had seen the two Priestlys go round by the back. Did not know Mr. Slack. Saw the two Priestleys when they came in front of the shop with the Sergeant. Seized them by the throat, and told them that they were a pair of thieves, as they had tried to pass a forged cheque on him. One said it was not him, but the other boy, The boy that forged the cheque waa once with Mr. Rees. Told them he would give both in charge. The Sergeant took the elder one in charge. He (prisoner) tried to get away. The Sergeant searched him, and Found an ivory foot-rule, nails, gold stud, money, Ac. The rule had been taken from Mr. A. Cuming. Prisoner said he had found it on the previous Saturday in the office. Sergeant asked prisoner where he got the money. Found a knife in the pocket of the younger one, and asked where he got it, as it looked like one that had been stolen from his shop. Was sure that the boy had forged a cheque on Captain Tucker. Picked the broken cigarette up about 7 or 8 feet from the shop. Luke Humphries, night-watchman, went on duty at 11 o’clock and off "at 6. Knew the defendant and his brother. Saw two lads coming across the road on the morning in question, but could not swear to th n. This was about a quarter to 5 o’clock. Pasoed the shop about 5, and the window was all right. Returned about 5.30, and found the window broken. Was going to the Telephone office to get a paper when he found the portable inkstand about two yards up the side entrance. Went and called Mri Browne, and informed him of the circum* stance, Saw Mr, Brown pick up the broked cigarette-holder. Cross-examined by Mr. McDougal. Sdw the prisoner and his brother go to work. Knew the window was not broken about 5 o’clock, as he was reading a book which was in it. First noticed it broken at 5.25. Came back with the Sergeant. Made some remark about the Priestly boys being at work, and that it could not be them. Could not recollect any further remark. Had noticed a man standing in Joyce’s passage. A Slack, machinist at the Telephone office, went to work at 4 o'clock, and knew the prisoner and his brother, who should come to work at the same time. Was at the office at 20 minutes to 4 on the morning in question. The accused came at a quarter to 5, and never left up to the time the police came. The three runner-boys, named Wade, and a young man named Lange, had come in before the police came. All had to get in through the window as there was no key. Heard all that transpired. The Sergeant got in through the window and Searched the twd boys. On searching the elder Priestly’4 clothes the Sergeant found the case produced. The boy said he found it. After finishing ths the work, he himself and the boys went out and saw the Sergeant and Mr. Brown in front of the shop. Mr. Brown and the Sergeant again searched the prisoner, when the former found an ivory rule in accused's pocket. The accused said he found it “ the day before yesterday.” Mr. Brown gave the prisoner in charge. Had checked the two boys for not coining earlier, and they Arid they bad been waiting outside and could not get in. Cross-examined by Mr. McDougall— Got into the office by a ladder and through a window at the side. The boys came in through a window at the back. Sergeant Bullen—-From information re* ceived on the morning in question went down and found the shop of Mr, Brown had been broken into. Went into the Telephone office and told the two Priestlys that the shop had been broken into and searched them both. Took a coat down which was owned by the prisoner, and on searching it found a cigarette-case in the pocket, which the accused said he had picked up outside. Mr, Browne identified it, and gave the accused into custody. This closed the case for the prosecution. Mr. McDougall called attention to the fact that the section under which the charge was laid specified that the goods should not exceed 40s. in value, whe.eas the evidence showed they were worth 505., consequeatly the Court had no jurisdiction. This having been admitted, the Sergeant said he would ask the Court to dismiss the case, and he would then commence de novo. This was accordingly done, the Court at the same time remarking that the police must take care there was no miscarriage of justice in the matt a» The Court then adjourned.