MAGISTRATE’S COURT.

Stratford Evening Post, Volume XXXV, Issue 68, 28 March 1913, Page 5

MAGISTRATE’S COURT.

COMMITTED FOR TRIAL.

THE CASE AGAINST BROWN AND PEARCE. The case against Charles Pearce and Alan Brown, alleged burglary, was continued befqre Mr \V. G. Kenrick, S.M., at the Stratford Court to-day.

Cross-examined by Mr Rutherfurd, Sergeant McNeely' said he gave the accused Pearce an opportunity to explain about his hat, and ho thought accused was entitled to this. He iiad. not then made up his mind to arrest the accused. He asked questions of Brown as to what he had done, and this accused made a short statement, in which ho denied having been present with Pearce the previous night, and then denied the truth of the statement he had made to witness. Counsel: When did you ask Brown those questions?—At about five o’clock in the morning: after I had arrested Pearce. >

Counsel; 'Were there any signs of accused being intoxicated?—Pearce appeared to be the same then as he is to-day—perfectly sober. I’m not so sure about Brown, who did not appear to be completely sojicr.

Counsel: I Understand you searched other places. Did you have a search warrant?—What other places? Counsel: The Stratford Hotel ?—1 went there to find a man who might give me some evidence. I did not search the hotel.

Counsel: Were the boxes of cigarettes you found on Brown all full ?—One contains nine out of ten cigarettes, and the other two cigarettes. Counsel: Are you aware that the cigarettes sold by Pi vac were part of a consignment of 50,000 cigarettes imported by Mr James, of Broadway, from Mills, of Wellington, 20,000 of which cigarettes were green “Three Castles ?”

The Magistrate : How could he know that? He finds some cigarettes in a man’s pocket, and some in a backyard, and you ask him if he knows they are part of a consignment of 50,ooo'.

Counsel: Yes; but Sergeant McNeely made a certain statement about these cigarettes. r. Witness: I searched James’ shop, but could find no cigarettes exactly like them.

Counsel: Do you really believe that only three dozen of a consignment of 20,000 would bear that discrepancy? —I merely stated the facts. I went to James’ and he could show me no cigarettes tike them. Counsel: The point wish to make is .that; 'the discrepancy must fail because of the number of cigarettes bearing these marks. The Magistrate: That is for you to show!

Counsel: No; it is for the Crown to show that these cigarettes are the only ones bearing that discrepancy. They are uniform cigarettes. James admits that they were all sold out, which is a good reason why there should be no more like them in his shop. Counsel: When did you get these cigarettes from Browrl F—When he was arrested in the afternoon at 6 o’clock. But 1 noticed a packet in his pocket m the morning, though I did not examine it then.

Counsel: According to Pivac’s evidence there were twenty-three packets missing. Do you think it likely that Brown would keep cigarettes on him, when all these had disappeared?— They do strange things at times. The Magistrate; That question, Mr Rutherford, is for the jury to decide. The Sergeant can only express his personal opinion. Counsel: When did you take the impresison of Brown’s footprints?—On Sunday evening after 5 o’clock. This concluded Mr Rutherford’s cross-examination. Constable McGowan gave corroborative evidence of that tendered by his chief, Sergeant McXeely, and was cross-examined by Mr Rutherfurd. The whole of the evidence was then read over to the accused.

Both the accused pleaded “not guilty,” and reserved their defence. They were then formally committed for trial at the sitting of the Supreme Court, New Plymouth, in June next. Bail was allowed—accused in £SO each, and two sureties of £SO in each case.

THE UNHAPPY DEBTOR. ‘NO CHANCE IN THE WIDE WORLD.” The examination of a judgment debtor —a contractor —at the Stratford Court this morning, was reminiscent of the judge’s address in the court scene in the ‘‘Merchant of Venice.” “. . Glancing an eye of pity on his losses that have of late so huddled on his back, enow to press a royal merchant down, and pluck commiseration of his state from rough hearts—”

The debtor admitted that he had 1 against mill £lO3 in judgments, and j there was a mortgage and bill-of-sale, on his plant for £690. Yet he had , a wife and three children, and made ' but £3 a week. “I’m quite willing to pay,” he said. “I am honest. 1 never j go to a race meeting; I never go any- 1 where. I would pay, but it’s the expenses you people put on to me every time I come here that cripples a man. Leave me alone and I can pay every one.” Mr Wright: But this is a long-stand-ing account, and you have paid off nothing. Mr Spence: He has prior judgments to satisfy. Mr Wright; He should pay this.

. Mr Spence: That is not the ruling of the Court. Mr Spence then continued: “Thi* man ought to be bankrupt. He’s as bankrupt as he can be and ought to go bankrupt.” The Magistrate: If lie is pressed, he must go bankrupt, but if the creditors made an arrangement with him, bo may got on all right. Mr Spence; No chance in the wide world 1 Mr Wright; He ought to file his own petition if ho has any ordinary decency. The discussion ended here, the order being refused, and the debtor leering the Court, still with five judgment* “hanging o’er hiis head.”