RESIDENT MAGISTRATE’S COURT, TEMUKA.

Temuka Leader, Issue 312, 4 November 1880, Page 2

RESIDENT MAGISTRATE’S COURT, TEMUKA.

Wednesday, .Nov 3. (Before Wood, Esq., 11. M.) DRUNK AND DISURpEULV. Two Hist offenders were fjned 5s and costs. LAROEIfY. John Johnston and James Maloney were charged with tiie larceny of a quantity of . oat from the Tenuika Hotel on Saturday evening last. Martha Tusciuniske said—l am a cook employed at the Temuka Hotel. I remember {sjafurday nighf last. There was some meat in the hotel larder, viz., a hind quaiter of mutton, sijje of lamb, a roast of beef, and an ox tongue. I saw the meat before I went to bed in the larder, which is opposite the dining room It lias a door which is locked every night. I locked the door myself. I looked for the meat on Sunday morning and found the door burst open, and part of the lock lying on the oppusiie .-ide of the room. I picked it up ; the part produced is the one I mean. The moat produced is of a similar description of the meat missing', but I cannot swear to its being the same. I don’t know the prisoners-

At this stage the Sergeant of the Police asked H;s Worship to amend the information, which, after an objection on the part of the prisoner Johnston, was granted. J. M. Ollivier said—l am a publican, residing at Temuka. I have seen the accused twice before. On Sunday morning last I looked into the larder and found the door had been broken open ; this was at a quarter past seven. It had evidently been forced open. (The witness here described the room and tiie passage leading thereto). By the pr sener Johnston —1 saw you on Saturdav. You asked me for a hat ; you were without one at the lime. I did not see either of you at the time stated in the information.

By the Bench—l saw the prisoner Johnston dur'ng the day. Did not part with the meat to anyone.

By the prisoner Johnston —Travellers generally loiter on Sundays by the back door, unless driving. James Watt deposed to delivering the meat at the Temuka Hotel on Saturday, and to hanging the meat up (as is the custom) in the larder. The value of the meat is 21s 6d,

By the Bench—l recognise the meat produced by the marks on it, and the beef I cut myself. By the prisoner Johnston ; I am a practical butcher. There are different ways of cutting up meat. lam positive the tongue is the same, as I identify it by a mark on the root. James S'evenson : I am a farmer residing on ths Waitohi Flat. 1 saw both prisoners on Sunday morning last between the hours of 4 and 5 on the road near the livery stables, Temuka. They were going South. It was daylight. The prisoner Maloney was carrying a bag ; it appeared heavy.

By Maloney : I don’t know what you had in the bag. By the Bench . I am sure the prisoners are the same men I saw.

William Linton also gave evidence as to the finding of the bag in the flax. Sergt. Carlyon said : I know the prisoners. I saw them leave the township on Saturday night and go towards the bridge They appeared sober. Johnstop said he was off to the camp to sleep. I saw them on the railway line on Sunday morning at 9 o’clock. 1 saw them go towards the flax near the Temuka bridge. I afterwards saw them both lying down in the flax ; this would be about II o’clock. At about 4 o’clock I was examimrig a billy full of boiled lamb that I had found in the flax, when Johnston came up to me and said he had got that from the Level’s station. I saw a quantity of lamb bones and bread crumbs on the grass near the bifly. prisoners left Temuka shortly after, going north. On the Monday following I found the bag produced, containing the meat produced. I saw the prisoners take the billies with them, in one of which I had seen the lamb.

By the prisoner Johnston ; I did no taste the lamb.

Constable Burke deposed to airesting the prisoners in the Orari Hotel. In answer to the usual charge the prisoner Johnston made a long statement to the effect that the lamb referred to by the Sergeant of Police was given him by a cook on a station, and asued His Worship if it was likely that a man, who hpd been in the colony for 20 years, and never had a single charge laid against him, would bring himself in this position for the sak e of a few paltiy pounds of meat. He had served his country for many years in the army, and should leave the case with His Worship, His Worship said he considered the charge,proved, and sentenced both prisoners to thru© months’ imprisonment with hard labor,

Before the Court adjourned, Mr White drew the attention of the R.M. to the inconvenient hour tiie Court met, and suggested that in fpture the Court open at 10 o’clock, to. which His Worship agreed, say ing he would consult the convenience of the profession and public by every means in his power.