RESIDENT MAGISTRATE'S COURT: (Before H. Kenrick, Esq., R.M.,) Tuesday, June 22, 1886.

Te Aroha News, Volume IV, Issue 158, 26 June 1886, Page 2

RESIDENT MAGISTRATE'S COURT: (Before H. Kenrick, Esq., R.M.,) Tuesday, June 22, 1886.

Ciumikal Case. Jansen v. Gouldie. — The plaint in this case, laid by Mrs Bridget Janesenj set forth that : About the month of March Last some person or persons unknown did feloniously steal, take, and carry away one shawl value Ll from the 1 trap, and belonging to Peter Janesou while standing in the yard of the Te Aroha Club Hotel, Te Aroha, and the said Bridget Jansen hath cause to suspect that, the said shawl is concealed on premises in the occupation of defendant. Complainant at the time she laid the above information applied for a search warrant against defendant, which was granted, and duly executed by Sergt. Emerson the same day with the result that the missing shawl was found in defendants house. Sergt. Emerson briefly stated the facts of the case and the following witnesses were examined. Mrs Bridget Janeson (sworn), in reply to^ Sergeant Emerson said ; Am the wife of Peter Jansen living at Waiorongomai, know accused, saw him about three or foui months ago at my own house. Later on he accompanied me from his own house to Hot Springs Hotel. My husband was with me, and we had a horse and trap. I gave accused my horse, trap, and shawl to take care of until I returned from having a bath ; he had the shawl in his hand. We had been up to his house with some hay for a cow he had bought from us, and lie came down to mind the trap for us, while we had a bath. He promised to take care of them for us ; Having to wait some half hour to gefc into the baths, my husband turned back, and with accused took the trap into the hotel yard, where he fastened the wheel of the trap, and he and accused had some beer in the hotel. My husband then went back to have a bath. I missed the shawl when leaving the hotel to start for home. I suspected the accused, and wanted my husband to take out a search warrant at once ; but ha would not do so. lam quite certain I I gave the shawl into accused hands, to keep for me. Never saw ifc again till yesterday. I was present when the police searched the' house, and his wife handed it out of her bedroom. The value of the shawl is Ll. Sergeant Emerson( sworn). About half past two o'clock yesterday, I searched accused's house under search warrant. On going to the house I met accused's wife at the door, told her my business. After hesitating a minute or so she said, "Yes, I have tho shawl here. We intended to have returned it." She then brought it t»ut of her bedroom, in Mrs Jansen's presence : Not wishing to arrest accused's wife, I sent for accused who was working up near the Tui. Told him Iwould have to arrest him. On our way to tho lockup, when about 100 yards from his house, accused said, " About here I found the shawl." Ho said Jansens horse and cart came to his house with hay. Godfrey R. Goldie (sworn), stated : About three or four months ago I bought a cow from Mr Jansen foy L 5 paying L-jL in cash. The bargain was made on a Sumftiy. Next morning Jansen was to_give mo. a receipt (not being able to read and write himself) 1 saw him next morning as arranged when he did mention something about having lost a shawl, but Mr Pavitt coming up at the time, he began talking to him, and said no more on the subject. When on my way home that night I found the shawl' on one of my soctions, I took it home and told my wife ib must be Jansens, as he mentioned soniejtbing abotft losing one, Jansen asked me to give the Ll balance, "due on the cp,w to a Mr Bew ; to w'uom he owed spmc money., I s»w. Bew and told himI would 'give him the Ll as soon as I could. Some time afterwards Jansen met me and abused me terribly, for not; having paid tho £1 to Bg\y. I offered, him the cow back for L 3. I should have mentioned to him about the shawl but did not, because he was so abusive. Later on he came to my house and abused me so badly again for not paying the lil that even had 1 thought of

telling him about hi* fhawl, I would not have done so at that time. I never intended though to have kept the shawl: but intended I" lute returned ie when 1 would be able to pay him. His Worship, 'to accused : On your wn statement you found the shawl, knew the owner and met and spoke to him twice afterwards ; vet you never mentionc ; to him you had found it. You appear to have made no effort whatever to return it. If you had not known the owner, your duty was to try and find out, otherwise it amounted to stealing. You kept the shawl for four months, and had made no attempt to return it up to the time the searoh warrant was issued. What your ultimate intentions were I do not know, l>ut from your own statement, you might have kept it four months longer ; giving as the only reason for detaining the property, that Jansen was obusive to you. I can only arrive at the conclusion the shawl was stolen and kept for use. Sergeant Emerson stated to His Worship, that accused had a wife and two small children. There being no previous conviction recorded against accused, His Worship said, he would deal leniently with him in this case $ and sentenced him to imprisonment for twentj-four hours.