RESIDENT MAGISTRATE’S COURT, TEMUKA.

Temuka Leader, Issue 398, 9 June 1881, Page 2

RESIDENT MAGISTRATE’S COURT, TEMUKA.

Wednesday, June Bth, 1881

[Before S. D. Barker, Esq., J.P.j STEALING EHOM A DWELLING. James McManuk, on remand from Geraldine, was charged with stealing a cash-box from the Winchester Hotel on the 31st ult. Inspector Pender conducted the pro-

secution. Thomas Sw’nton, deposed . i cm an hotelkeeper at Winchester, and recollect the morning of the 31st May last. I left home on that date. Before leaving I placed the oash-box produced in a corner behind the bar in the hotel. It then contained three half sovereigns, throe £1 notes, £2 in silver wrapped up in separate parcels wrapped up in paper. On the fop of £1 notes there was a cheque from the Timaru Herald office, drawn in favor of Mr Bolton, for £G 13s. There were also bills and other documents to the value of £3OO, that I was holding as security for money lent. Anyone in the bar on leaning over the counter, could see cash-box. I returned home from Timaru at thirteen minutes to six o’clock. The cash-box was there when 1 returned home from Geraldine in the morning. I could not say if it was there when I returned from Timaru. I missed it between 10 and 11 o’clock that night. I then went to the Orari Hotel, kept by Mr Brosnahan. Saw the prisoner there and spoke to him. I called him out of another room. Before I spoke to him, he said to tge, “ Have yon lost £100'? ” I said, “ Never mind what I have lost, but I am going to arrest you for stealing my cash-box.’’ I arrested him and handed him over to Mr Brosnaban. In my presence he shouted for seven persons. I then proceeded to Geraldine and reported the matter to the police, after which I returned to Winchester. My' cook and the police wem to Orari, as the former could identify the prisoner. The first thing I saw the following day was the cash-box brought to me by one of Mr Young’s boys. Ho said he picked it up by the blacksmith’s shop, opposite the hotel. There were two half-sovereigns in it. There was a swag (produced) near it. During the day' a man named Webster brought the documents produced to the hotel. They were those taken from the cash-box, and consisted of an 1.0. U. and insurance papers. He also gave me the purse produced. It was not in the cashbox. I have several other documents at homo (over fifty) which were recovered

since. By the Bench ; There is a small willow bush near the place where the swag was found, but it was not concealed in any

way. Kate O’Connor, deposed ; I am a ser vnut in the employ of Mr Swinton, 'jut ‘he Winchester Hotel, and occasionally attend in the bar. Recollect being in tha bar from half-past nine a m. till half-past eleven a.m. on the 31st May. I saw pri. soner there with throe or four others. They had some drinks. When he was going’ away he asked me for a drink and said ho would pay when ho came that way again. I declined to serve him, and wont into the bar parlor shortly after-, wards, leaving prisoner outside the counter of the bar. I saw bira, leaning over the counter, and looking in tho, direction where the cash-box was. I was looking through the glass door and saw him. I —the bar, and asked him

what he wanted looking over the counter. He said he was looking for a match. 1 geve him some and he went away. The others in the bar went away also. He came back in the evening about half-past seven. I asked him what had brought him back again, and he said he bad not gone along with his matef. He tnen asked me to give him a shakedown. I noticed that he had one of Ids hoots .off., I loft the bar immediately after, and did not return till about half-past eight, prisonerbeingalono in. the bar. From the outside of the bar any person can enter behind the bar and go round to where the cash-box was. 1 don’t know if the cashbox was there when 1 went away, but after I returned ut h df-past eight I found it was gone and the prisoner also. I did not report the matter as I thought it might have been taken away by Mr orMrs Swintou. The only money I saw him with was a penny. Maria Swinbon, deposed ; I am the wife of Thomas S,.vinton> The bar-parlor o£ the hotel is behind the bar, and is entered by a glass door. I was sitting in this parlor between eight and nine o’clock on the night of the 31st May, Kate O’Conr nor had then gone away from the bar. I saw prisoner in the bar when I went into the parlor. He was alone. After I had served prisoner with a drink I went back into the parlor. Shortly after I hoard the flap of the counter lifted. 1 went into the bar and saw no one there but prisoner. He was then in a stooping position, and near the front door. I looked at his feet and his swag was there. He had one boot off. He asked me if lie could have a shakodown, and I told him., he could. He seemed much agitated at the time. Afterwards I found that the prisoner did not remain. About ten o’clock I missed the cash-box. He had taken the suag away with him. Hugh Brosnahan depose i : 1 am licensee of the Oravi hotel, distant about 4 miles from Winchester. Recollect prisoner coming to my bouse on 31st May between 1 and 2 p.m. He remained till about 7 o'clock p.m* Up to that time he had been spending money. He shouted for his mates and paid for some bread and cheese. I then lost sight of him but saw him again about 9 o’clock_ He shouted for some people and I changed a note for him about 11 o’clock paying for nine drinks. That ivas when be was in custody. He shouted three times altogether, nine drinks each time. I saw piiswu.u Ruing the afternoon with a similar purse to that produced. Ho also shouted for the man who showed him his bed. I was present when Mr Swiuton came. He told prisoner lie should arrest him for stealing his cash box. Constables. Thoroan and Willoughby came after watds and took him out of bed about 3 o’clock on Ist Juno. Prisoner said he did not know anything about it as be was too much under the influence of drink. Julia Brosnahan deposed : I am wife of last w ituess. Recollect seeing prisoner at the hotel at dinner time on 31st May'. Tie engaged a bed from me and bad tea in the evening. I, saw him again about 9 o’clock. He was then shouting and changed a£l note. He was shouting v iry freely. He spent a little money' in the afternoon. Albert Ernest Young deposed : I am son of Jehu A, Young and live at Winchester. Recollect on the morning of the Ist inst. near the blacksmith’s shop, find ing the cash box produced. There were two half sovereigns in it. It was down the bank near the river Waihi. 1 took it o Mr Swinton. Henry Webster deposed ; I am a laborer living at Winchester, and recollect seeing prisoner on 31st nit., in the bar of ; the Winchester hotel; at about half-past ten. I saw him at Orari also during the day. Saw him again in the Winchester Hotel, in the bar at about half-past 8 In the evening. He was sitting down and alone. Heard the next day of the robbery at Swinton’s, and found the purse and papers produced. They were laying under a tree in Mr Young’s paddock > about five chains from the hotel. I saw prisoner with a similar purse to the one produced, at Orari on the nrevious dav. He had some matches in it. George Campbell deposed ; I am a seaman and know prisoner. We started from Oamaru on 27th last month in company, and walked to Tlmaru. We had no money except a penny' which I had and gave to prisoner. Wo begged our food on the way and arrived at Tim am on the 29th. We remained together there but earned no money. We left Timaru on the morning of the 31st togthor. Had no. money then and proceeded to Winchester We wore separated for about an hour as another man that was with us did not like his style. The other man had no money either. Prisoner had a purse similar tW in Court, in Ids possession on. Y 31st. He had matches in it. The swag produced belongs to prisoner. He brought it from Oatnaiu and had it with him on 31st nit. I left him at the Winchester hotel but saw him again at Orari at the Hotel. Constable Willoughby deposed ; I am stationed at Geraldine. From information I received I went to the Orari arrived there about half past one on the morning of the Ist June. Searched" prisoner and found 5s in his pockets, and afterwards arrested him on a charge of the larceny of a cash box with contents. He made no reply. He had no purse oy-

swag with him. Took him to the lock-up at Geraldine from whence he es aped on the.same day! The evidence for the prosecution being concluded, prisoner was committed to stand bis trial at the next criminal session of the Supreme Court. ESCAPING FROM CUSTODY. The same accused was charged under secton 5 sub-sectiou with escaping from legal custody. The prisoner pleaded guilty and his Worship sentenced him to seven days imprisonment with haid labor