Magistrate's Court.

Taranaki Daily News, Volume XLVI, Issue 252, 28 October 1904, Page 2

Magistrate's Court.

THURSDAY, OCTOBER 12, 1904. , (BeVoso Mr T. Hutchison, S.M.) i —Remand.— The man Darcy, charged on remand with the 'theft of books from C. 0. Hawke was on the application of the police remanded till Monday next, on account of his not being fit to appear. —Dismissed.— Jas. Roaon, a halhjxstc, resident in ttaihi, was charged on remand, on tlie information oi the police, with the theft, on Decom!>er 27th, of a chestnut gelding, value £2">, property ol George IlcrLert Lake, of Alalioenui. Mr Quilliam (Uovett mid Quilliunn) appeared for the informant, and Mr T, S. Weston for accused.

Sergeant Iladdrell askod leave to withdraw the information of the police, substituting that of the informant, on which accused was arrested at the Chathains. The Magistrate siadd he had no power to allow q! the witlndrawal of a charge on an imlictable oft'ence, but as no ovkkuce was offered, he could dismiss 'the information. Mr Quilliiun then applied for a reinaiui on the dismisaiU of accused ou the secoiwl charge, as although complainant had come down Iron) Mokau, no witnesses had been brought. Mr Weston strongly objected to the remaud, as his l ciient had already itvn in gaol eight days. Mr Quilliani said that as a matter of fact his client having 1 had no legal advice in Mokau had laid a criminal information instead of proceeding 1 civilly. His Worship said he would dismiss the information, and the informant could re-lay tihe charge. In answer to Mr Weston the S.M. said that accused could find reparation for his arrest by a civil process. —-Alleged Theft.—'

Cyrus Wilson, who was unrepresented, was charged with breuklng and entering the dwelling of Felix Bellningur, at Fitzroy, on October 22nd, and stealing therefrom a pair of field-glasst's, vulue £5. Sergeant Hu'ddnell, who conducted tlie case for the police, called Detective Benjamin, who said the glasses had been obtained by him from Mr Julian, licensee of the Taranaki Hotel, tihe name of Mr Bellringer being engraved thereon. In consequence lie visited tho liousb oi Mr iiellringer, which he found had hem broken into, and tilings disarranged. On the 21st witness, 'accompanied by Constable lladler, arrested accused at a boardinghouse in town. Accused cross-examined witness at some length an to his action on the night of the arrest, and on several matters connoctcd with previous conversations, also as to tho searching of accusod in connection with other cases.

Frank Julian, son of the licensee of tho Taranaki Hotel, gave evidence that ()n the 21st accused told him that as he was haixl up h 1 wished to sell a pair of iield-gl asses which he said he hod in Melbourne and had once seen Abe Melbourne Cup through them. Witness offered half-a-sovereign, and accused accepted, though previously lie had said they were worth £S. Witness Haw Mr Bellringer's name on the glasses (produced), which were then shown to his fulher, who communicated with the police. Witness was aiso crossi-examincd by accused.

Felix T. Ilellringer, town clerk, deposed that Mrs Bellringer being away, no one was left at tho house during the day. The glasses were a presentation pair given to his father, now deceased, and had been in witness' possession about eighteen months. It was three months since lie last saw them, as they were put away in a drawer; there was also a chest of drawers in the room. He knew that the chest was loeked on the 20th, us lie liad occasion to go to it, though on the night of the 21st lie found it open •and the contents rifled. The only things ho knew as missing were a pair of serviette l'ingsi and a small lodge medal. The doors were securely fastened, though on the Friday lie noticed that the bolt on the back door was not shot, though he believed lie bad tunned the key tlie evening previous*. Subsequently ho found that the lock was broken. lie know someone Itaid been in the house because the latrine had been; used, I

This witness was not crossH>xaniIned, and tbo case for the prosecution closed. Accused elected to give evidence, swearing that he never sold the glasses to Juilian, in fact ho never had the glasses in his possession. He was in and out of (hi? Taranaki Hotel all day on the 21st. -examined by the Sergeant ; He had received a sentence on throe charges of breaking and entering and stealing, He was guiltv through drink. H e had been in gaol before that.

Sergeant Iladdrell wished to cnll Abutting evidence as to accused's statement that he did not sell 11,e Blum, but the S.M. add he could not allow this splitting up 0 f a cose on an indictable offence Accused, who pleaded not guilt v was committed for trial. All application for bail was made on the plea that the next sessions of the bupreme Court would not bo hold until March. The S.M. said he could not commit to the District Court at H„wcra as breaking ,w n s 011 t of Us jurisdiction. However, he wou make inquiries, and if ho found it necessary to commit accunod to tho local Supremo Court ho might favourably consider tho quesltiiion of

Finally awusod was committed to .sfawd his trial at tho next sessions moutl 6 fX Court ln New P'v°utl., bail hatorgi allowed, in his own recognlaanoe of £SO . an/)olt w