RESIDENT MAGISTRATE'S COURT.

Southland Times, Issue 1826, 2 December 1873, Page 2

RESIDENT MAGISTRATE'S COURT.

I (Before H. M'Culloch, Esq., R.M.) FBI DAY, NOYEMBEB 28. The Railway Manager v. Catherall.—'ULe Wado for the complainant, and Mr Harvey for the defendant. The defendant waß charged with obstructing the free passage of the Bluff railway, by driving 200 head of cattle (more or leas) along the said railway line on bundav, the 2nd inst. The evidence showed that the cattle got on to the line in a purely accidental manner— in fact that they ha 1 been frightened oa to it by obstructions on the main road in the shape of workmen, timber, and sawmill debris at Mr Culder's sawmill ; and further, that the defendant took them off the line as soon as possible. Mr Htrvey said that the railway authorities adopted no means to prevent cattle from getting on the line ; and with regard to the manner in which the main road was frequently obstructed with timber at so'iio of the sawmills, he remarked that it was simply disgraceful. His Worship dismissed the information. Saturday, Noyesibbb 29. William Lambert, for being drunk and disorderly in Dee 6treet, and for uncleanly conduct in the gaol, was fined 10s, or in default 48 hoursg imprisonment. Samuel Benson was charged by Annie Hogan, landlady of the Royal Oak Hotel, with stealing £4 from her bar oounter on the evening of Friday, the 28th. Inspector Fox conducted the case. Annie Hogan, being Bworn, deposed— l saw the prisoner last night, bstween nine and ten o'clock. He came into my bar, and called for a drink, he being alone and sober at the time. He called for a glass of bran Jy. He did not Bit down himself, but he put down a shilling to pay for the brandy. I had no change, and I gave the shilling to the little girl to get it changed, but she came back not having got any change, and laid the shilling down on the counter. The girl is my eldeßt child, and not ten years' old yet. The prisoner asked mo why I did not send my husband for change. He then took a half-crown out of his pooket, and laying it on the back of his hand, eaid he would toss me whether lie would give me the shilling or nothing for the drink. But I told him I did not earn a living in that wav, and I asked him to give me the halfcrown and I would give him two shillings ; but he would not do it. He then asked me if I could change a £5 note, and I said I could. I took four £1 notes and laid them on the oounter, and then I put my hand iv my pocket and took out a half-BOvereigu, and while I was doing this he picked up the four £1 notes from my counter and ran away. He turned the corner towards the gaol, and ran past David Thompson's, and the constable and others caught him between the Club and the Prince of Wales. I followed all the time, crying that he had robbed me. I told the people and constable M Donald that I had been robbed of £4 and a shilling. I asked con-

stable M'Donald to take the man in charge, and he ea dhe wruld fake myself in charge. I then walked away to the police station, and reported the matter \< Sergeant Fleming about ten o'clock. Sergeant Fleming went with me to my own house, and saw mv Hi tie air] fn-forn T had time to speak to he'-. When I wont to =cc Fleming, I told him T had been robbed of four £ 1 notes. I went to the Giilmin restaurant, and pointed the prisoner out to Servant Fleming as the man who had lobbed me. I was present when the prisoner was arrested. He said that he had been in my bouse, but that he bad not taken the money. I had no drink on Friday except some ginger beer and lemonade, which I had along with my sister, who was helping me to wash. I have not tasted any strong drink for nine months. I got the £4 about four or five o'clock on the same afternoon from my brother-in-law, John Jordan, who id a laborer, and lives in Yarrow street. I never saw the prisoner before to. mjgkiiowledge. He was running when M'Donald and the others caught him, and I was running too. Cross- examined — I did not strike the prisoner on the breast, or use any abusive language towards him when he asked me why I did not Bend my husband for change. I have not seen Jordan since Sunday ; b» wife gave me the £4. Mary Ann Hogan was next called upon to enter the witness box, whereupon her mother, the prosecutrix, became so exceedingly excited, and protested co vehemently against the child's entering the box and being sworn, that the Court allowed the little pirl's evidence to stand over lor the time, and proceeded with the examination <)f the next witness, Constable M'Donald, who deposed — La9t night between the hours of nine and ten I saw a man running pretty hard at the end of Srey street, and a woman running after him. I reTOgnised the woman as Mrs ITogan. She was shouting " thief ! catch the thief!" They were both tunning pretty fast. A lad called Wcsney ■was standing beside me at. the time. There were other lads whose names I don't know. I ran after the man and caught him. The lads ran after him too. He turned off to his left from Spey street, and ran along Leven street. I followed him closely, and caught him, after turn, ing off Leven street, at the back of the Prince of Wales- I spoke to him, and'asked what made him run so. He said he wanted to get rid of the party who was following him, she having struck him on the breast. He said he had offered her » shilling for a drink he had at her house, but ehe had; r.o change. She then sent her little 'girl ■out with the shilling to get it changed, but the girl did not succeed. The prisoner also told m^ that he then offered to toss her for the money, and ttat they did toss — he winning, whereupon Bit* expressed dissatisfaction. Prisoner further told «ie that he then said something about sending her husband out for change, and that on his Baying so she (the prosecutrix) got out of temper. It appeared to me that all the excitement had arisen out of thi» last circumstance. This was prisoner's statement to me. As he was finishing it Mrs Hogan came op in great excitement, and accused him of having stolen a shilling. I asked her where he had stolen it from, whether from the counter, the till, or her person. She said he had called for drinks sind had run away without paying her, I asked the prisoner if he had paid her, and he eaid he had not. He was afraid of being mobbed, and that was the cause of his ruining away. The prisoner got change for a shilling from the lad Wesney, and offered to pay Mrs Hogan for the drink, and she would not have it, but accused him of stealing £4. I asked her where be got tl« morey, but she would not describe where be got it. I also asked her why she did not tell me of the £4 at first. She then asked me to take the man in charge, and I refused on account of her making so many statements. I took the prisoner's name, telling him to go to hiß lodgings, and saying that I was going to the police stat : on. The prisoner wae sober. I brought Sergeant Fleming shorl lv afterwords to the Gridiron, where the prisoner Was 6ta;ing. Crosetexamined — "When the prisoner took out his purse to pay Mrs Hopan for the drink, I saw some sovereigns and a few shillings in it, but no bank notes. Mrs Hogan asked me to take the prisoner in charge before she mentioned the £4. Ellen Jordan deposed — I am the sister of the prosecutrix, and the wife of John Jordan. I was at the floyal Oak hotel yesterday forenoon. I did not give Mrs Hogan £4 yesterdiiy. I lent her the money last week. I was in my own house at the time I gave it to her. My husband di' not know anything about it. I did not know what bank the notes belonged to. I came back to Mrs Hogan's this morning, and found her crying. She said she had been robbed of £4 by am n. Mary Ann Hogan, daughter of the prosecutrix, deposed — The man came into mother's bar, and asked for brandy and lemonade. He gave mother a shilling. Mother had no change, and she sent me to get some at Kirwan's or Patereon's, but thej were dosed, and I came back again and laid the shilling on the counter. The man said to mother, " Why don't you send your husband for change ?" The man then asked mother if ehe could change £5, and she said yes. I saw mother putting £4 on the counter, and I saw the man snatching them away while mother was getting the rest of the change. The man struck mother on the shoulder as he was going out of the bar. Mother never struck the man. John James Wesney, clerk in Mr Harvey's office, deposed— l was at the bottom of Speyatreet between nine and ten o'clock last night. I and some other boys were standing beside Constable M'Donald. We saw a man come running down Spey-6treet, and a woman running after him crying, " Stop the tlrel !" The constable ran after the man, and we followed the constable, who caught the man. Mrs Hogan then came up and accused the man of owing her a sixpence for drink. Then the constable allowed the man to make his statement. He said he had gone into Mis Hogan's for a drink, that he had tendered her a shilling in payment, that Mra Hogan, having no change, sent her little girl to get some, and that the girl brought back the shilling, having failed to get it changed. He then said he had offered to toss Mrs Hogan whether ehe would take the shilling or nothing. She agreed, and he won the toss. She would not have this. He then asked her to send her husband for change, whereupon she came from behind the counter and struck him, and he ran away, and she ran after him. While the man was making this statement, Mrs Hogan kept asking the constable to take him in charge, and when the constable would not do so, she accused the man of stealing £4. The man offered to pay Mrs Hogan for the drink, and he got change from me for that purpose, but she would not have it Cross-examined — A quarter of an hour elapsed , before she charged the man with stealing the £4. I was there all the time. She accused the man with stealing £5, when the constable told him to go to bis lodgings. Sergeant Fleming deposed — Between nine and ten o'clock last night I arrested the prisoner at the Gridiron restaurant. I searched him and found no bank notes on his person. I found three sovereigns and seven shillings in his purse. Had I known the man — had he not been a stranger in the town — I would not have arrested him under the circumstances. The prisoner had nothing to say except that the whole case so far as the stealing of the £4 was concerned was a fabrication f and His Worship said that the evidence left him do other alternative than to dismiss the information. The case waa accordingly dismissed . MOMUY, DEKEMBBB 1. Patrick Higgins, for being drunk and disorderly in Dee street on the 29th ult., being an old offender, was fined 10s, and costs, la 6d. j