MAGISTRATE'S COURT

Pukekohe & Waiuku Times, Volume 9, Issue 507, 20 February 1920, Page 2

MAGISTRATE'S COURT

(Before Mr. F. K. Hunt, S.M.) The fortnightly sitting of the Magistrate's Court took place yesterday, Mr. F. K. Hunt, S.M., presiding. Charge of Theft.

Thomas Ryan, a man well over six feet in height, attired in the military uniform of His Majesty the King, holding: the rank of a sergeant in the Red Cross, found himself in the dock charged with breaking and entering the dwelling house of Robert Patterson, and stealing therefrom a hat, a razor and a corkscrew, the property of Mr. Patterson. The offence was committed at Pokeno on February 7, 1920. Before the charge was preferred against him Ryan appealed for a glass of water, which was granted at the Magistrate's request. Constable Hof«n, of Mercer, in the absence of Sergeant Cowan, who is. at present m leave, conducted the ase for the prosecution, r.jcu.sed being without the assistance of counsel.

Asked why he was in the King's uniform, accused said he had belonged to the Defence forces, but had not yet been discharged. Constable Horan said the police had information that he had been discharged. Accused: I can prove I am not discharged.

The facts of the case as outlined by the police, and the subsequent evidence were that accused was engaged at Bombay trapping rabbits. He had wandered over the JRazorback. add had landed at Pokeno. On February 7, the day of the alleged theft, he was seen in the vicinity of the Pokeno railway station gathering mush rooms. He subsequently arrived at the railway station with a box of mushrooms, but after making enquiries as to where he could get a wash and a cup of tea, and upon being told that he could have his requirements ably fulfilled at the Pokeno Boaidinghouse, he" said he would not ;m) there, but set oft" and arrived at the residence of Air. Kilmer a porter employed at the railway station, with a request that he be cooked some mushrooms and given a cup of tea. Eventually his request was acceded to by Mrs. Kilmer, who allowed him to have a wash. With the "morning refresher, and fit for another skirmish, accused sdt off and was seen to enter a whare owned by Mr. J. Dean of Pokeno and occupied by Mr. Robert Patterson, Mr. Dean's clerk. Here he made himself "mine host of the house," and after disarranging numerous valuable papers, put some in the oven, and attempted to light a fire. His tunic and a hat belonging to Mr. Patterson were lying on the table, and when accosted as to what right he had in the whare. he retorted that if he had no right there lie would get out on to the road.

Evidence was given by Mr. Patterson to the effect that he left the

whare on January 28 and returned on February 7. The whare did not have a lock, but it was secured by means of a piece of rope. He identified the hat, razor and corkscrew as his pro* perty. He gave no one authority to pnter the dweiypg.

Mr. John Dean said he found accused in thejtwhare, and the hat and tunic on the table. Witness picked up the hat, and accused demanded him to put it down as it was his hat.

Mr. Fihner also gave evidence.

Constable Horan said when accused was searched the razor and corkscrew were found in his possession. The Accused's Story.

Accused said he had walked from Bombay to Pokeno with a view to catching a train. He gathered some mushrooms for the purpose of selling them in order to raise enough money to pay his fare to Auckland.

He corroborated the story of asking a lady to cook him some of the mushrooms, which she did. He then went into the whare for the purpose of borrowing a hat, as the police had had his hat for some time. He told a Mr. Porrit or a Mr. Pirret that he was going to borrow the hat. He had;, no intention of committing a theft* He wanted a shave, and had biu&w*< ud the razor for that purpose. He had been suffering severely from neuritis. He intended returning the articles.

. Constable Horan said accused was recently ordered to come up for sentence when called upon within six months for stealing harness and unlawfully using a horse and gig.

The Magistrate said accused could not go around "the country borrowing*** other people's things without authority. ,*,-.,' r V Accused was convicted, and presented with one month's free board at the expense- of the State, with hard labour. "Thank you," retorted accused, who questioned his ability to work when suffering from neuritis. After accused had left the Court, Mr. Hunt said he thought there should be a place between, -where such men could be sent. He appeared to be a physical wreck, but stated such men could not be allowed to continue unpunished. Breach of Prohibition Order.

"This is his third breach of his prohibition order," said Constable Miller when George Roland Feek was called on to explain the reason of his lapse. Defendant did not appear, but wrote pleading guilty, stating he .ould not attend as he was working in Auckland. He was convicted and fined 40s, and ordered la pay court costs, while the police were instructed to notify him that if hfeifcnmitted another breach he woulcTbe sent to Pakatoa Island for a term.