RESIDENT MAGISTRATE'S COURT.

Colonist, Volume IV, Issue 355, 19 March 1861, Page 2

RESIDENT MAGISTRATE'S COURT.

[Before J. Pointer,-Esq., Resident Magistrate.]

Saturday, March 16,1861.

LARCENY.

Thomas Hockey^ laborer, was charged with being guilty of larceny within the last six days of feloniously stealing, taking and carryiug away the property of .Abraham. Laird,'fireman.

Abraham Liird, sworn :■ I lodge at David Fulton's, Victoria Hotel, and lately belonged to the Airedale; on Monday night last I went to bed at Fulton's; the prisoner slept in the same room; had four sovereigns in my trousers pocket; next morning I missed one of them; on Tuesday I counted my sovereigns—l had three in the same pocket; slept in the same room with the prisoner • on Wednesday morning missed another sovereign; then told the landlord that I had lost two sovereigns, and he said I had better mark the other two and try it again j a man, named Munster living hi the house marked them, in my presence and Fulton's; they were marked by a cut from the edge into the crown of the soverei^n; they are Australian sovereigns; last night I went to bed in the same room with prisoner; the two sove>eigns were in my pocket; this morning I found one gone: went down stairs and told Fulton ; he went up end asked prisoner about it•;' he denied it —he had nosovcreigtis.iit all; Fdlton told him to clear out of the house altogether; prisoner left the liouso, Munster following him; have never seen any .of the sovereigns "since; the sovereign pro* viuccd is the one I lost last night; know it by the mark. ■ ; ■.■■•'.■' ?-} ■:'-.:'■- '■";. .''■.:

Cross-examined by the 'prisoner: You were in bed when Icame to bed; did mt seeyoutake any . money out of my pocket ;* my trousers Were on tiie floor at the,side of my bed. •' - Thomas Munster, sworn : I am a fireman lately belonging to the Airedale; ham been atoppini? this.last week at Fulton's; on Tuesday morning last Laird said he ought to have another sovereign; on Wednesday or Thursday night lastinconseqnence some suspicions of robbery I marked two sovereigns : marked them with a k'hife; made a cut from the edge to the crown in them; this morning I heard one was lost; followed prisoner with a little boy; showed the boy where, the prisoner went to—he had gone into Jasper s; a little time after I went to Jasper's; enquired if any man had changed a sovereign—he said yes; I asked to see it, aud he showed it to,me; it was one of the two I had marked; can identify the ones produced as those marked by me; one of them is the one Jasper showed riie. -.",..

David Fulton, sworn : I know the prisoner—he has been staying at my place, a week to-dayV he slept in the; same room as Laird; on Tuesday morning there was a complaint by Laud of losing a sovereign; on Wednesday he complained again of losing another; some one suggested marking the two remaining sovereigns; they were marked in my presence; the sovereigns produced are the ones marked. ■ ■■ -■■'■•'' :'- ■■';-.' !

Henry Jasper, sworn: I am a publican ; have seen the prisoner at the bar this morning;" was at breakfast when prisoner came in .arid asked for & glass of Hollands gin. Tgave it him, and he put down a sovereign; 1 took the sovereign, and Went up stairs to get some silver; gave him the change and put the sovereign in a cash boxby itself; there wye no other sovereign in the box; a little, while after some one came to ask if any one. had been to change a sovereign; it was Munster that came \ he asked me to show him the sovereign; I went, and fetched it and showed it to him; he at once iden(ified it; he says—"ls there a raark.on.it;''l^aid I did not know; he then^took it and showed me the mavk, asA-told me'all about it; I am positive it was the prisoner gave me the sovereign; it was marked like the.one produced. _;...' .'

The prisoner was found guilty by (he Court of stealing the coin in question, aud sentenced to six calendar mouths imprisonment with hard labor.

Monday, March 18. — Leahy was fined £1 or 48 hours in the cells for being drunk. ;