MAGISTRATE'S COURT.

Taranaki Daily News, 11 October 1916, Page 6

MAGISTRATE'S COURT.

TUESDAY, OCTOBER 10.

(Before A. Crooko, Esq., S.M.)'

ALLEGED THEFT

'Henry yfilson, alias Clements, was charged with the theft of £4 2s, the property of Frederick William Bismarck.

F. W. Bismarck, railway worker at Smart road, gave evidence that he left his hut at ".'2O a.m. on Monday to go to work. He did not lock the hut. Owing to vain work was knocked off at 11.30, and When he returned to his hut he found that four £1 notes had been stoleD from his trousers pocket, and also 2s in silver.

Daniel Donnelly ,emptoyed at Smart road, said he saw accused and his brother at the Smart road railway station at 9.30 a.m. Bismarck's hut was about two chains away from the station. Went away for a time, and when he returned hoard that Bismarck had been robbed. Constable Boulton stationed at Fitzroy, said that he arrested accused in Devon street at 12.30 on the charge. He neither admitted nor denied it. On getting him to the watchhotise, noticed accuse'd put his hand between the desk and the window-sill. Searched accused and found two single notes and 12s 3d in silver in him. Accused was very determined to count the money, and did so. He said that it was' correct. Left him in the lock-up and went back to the desk which he noticed accused reach over. Found four £1 noted rolled up there. Brought e icused to the watchhouse again, and said, "There are the notes you stole from Bismarck." He remarked, "Good enough, old sport!"

Accused called his brother, Arthur Wilson, who said he was with bim all day. Took their swags down to the railway station at Smart road, stopped there balf-an-bour, and took train back to Xew Plymouth. Had a couple of drinks, and next thing saw the eonstable taking his brother away. Constable Boulton informed him why, and then he asked accused if he had told the constable that he had some of witness' money, part of liis war 'bonus, and he said "Yes." =• Witness 'had given his brother five single notes three weeks ago, and got one from him on Monday morning. On the notes produced witness had marked "D.W." on the back. His Worship, after examining the notes, said ha could not distinguisli "D.W." on them. Witness: They are my notes all right, sir. To the Sub-inspector: The constable could have heard the question relating to witness' money. Had been convicted of drunkenness, obscene language and manslaughter. His Worship: A conviction for manslaughter is not relevant. Witness said accused did not leave him at Smart road station. The witness, Bismarck, re-called, said that he was not aware of any marks on the notes, which he received on Saturday as part of his pay. Constable Boulton, re-called, said accused's brother did not mention anything, about any money. The witness Arthur Wilson was like a raving lunatic at the time of arrest. His Worshiii said be was satisfied that accused had committed the theft, and the sentence of the Court was one month's imprisonment, with bard labor. The four £' notes were ordered to be returued to Bismarck. A BRACE OF OBABGES. Arthur Wilson, alias Clements, pleaded guilty to inciting the previous witness to resist arrest. To a further charge of assaulting F. W. Bismarck, ivho was assisting Constable Boulton at the time, lie pleaded not guilty. Constable Boulton gave evidence as to accused's conduct and language. Was obstructing witness and would not ;j;o away. Witness called two men to take charge of him and oring him to the station. When some distance away saw accused using his hands freely. There wa? a large crowd about. F. W. Bismarck deposed to being called to assist in the arrest, and to accused -punching and kicking him under the jaw. John Irwin, employed at the freezing works at .Smart road, said that he was called by the constable, with Bismarck, to keep accused back. Accused punched Bismarck, who put him on the ground, and was then kicked by accused under the jaw. Escorted accused to the top of the street, and then he went over to the White Hart Hotel. Constable Blaikie gave evidence of arrest. Accused: I 'hope your Worship will do your best; I wa*' full of drink at the time. Jn the charge of inciting to resist arrest, he was fined £1 and costs, in default one month's imprisonment, with hard labor. On the charge of assault he was convicted and fined £2, in default one month's imprisonment, with hard Tabor, sentences to be concurrent. MAINTENANCE. Robert Horace Weeks, charged, on a warrant from Waihi, with failing .0 provide adequate maintenance for his wife, was remanded to appeat at Auckland )ii the 12th inst. Bail was allowed in his own recognisance of £3O, or two sureties of £2o each. CIVIL CASES. Judgment by default ivas given in the following:—Oreeiiway Bros, (Mr. H. JR. Billing) v. Frederick Perreaii, £ll 1.2d, costs £2 7s fid; James Hawkins (Mr. J. E. Wilson) v. 'R. L. Muir, £O, costs £1 17s fid. JUDGMENT SUMMONS. Svdnev Loft was ordered to pay Dickie Bros. (Mr. D. Hutciien) £l7 15s (id 011 or before October 17, in default 14 days' imprisonment.