RESIDENT MAGISTRATE’S COURT. TEMUKA.

Temuka Leader, Issue 910, 28 January 1882, Page 3

RESIDENT MAGISTRATE’S COURT. TEMUKA.

Thursday, January 26, 1882. (Before S. D. Barker (Chairman), and J. Mendelson Esqrs., J.P’s.) LARCENY. Alfred Austin was brought up on remand charged with having stolen one bottle of brandy from the bar of the Orari Hotel. Inspector Pander prosecuted, and Mr Johnston appeared for the defendant. Hugh Brosnahan, sworn : I am a hotelkeeper living at Orari, On the 23rd of January, J saw the accused at the hotel. He. lives near my hotel. Hoskins and he were in the bar parlor, A door opens from the bar to the room. This was about ten minutes past seven. I went to have ray tea in the dining room. I saw Austin after he came into the dining room, I missed nothing until after the bottle came back, At 9.30 I missed a bottle of brandy from the shelf over the bar-parlor dqor. The first thing that led me to miss the bottle was Austin’s daughter coming with the bottle. I then looked, and missed the bottle. Next morning the accused came and demanded the bottle from me. I told him he had stolen it, and that if ho did not go I would put h ; m out. He came to me again and demanded it, I said I had sent a telegram to the police, and he then said he would pay for it. He offered me payment for It. When Constable Morton came, accused told him be had been handed the bottle by Hoskins, I sell the bottles of brandy for Bs. When I went out I left a ‘man named Crimin in charge of the bar. To Mr Johnston : Austin was perfectly sober, and had been so during the previous day. I missed nothing until Austin’s daughter brought back the bottle produced. I am quite certain the botile produced is the one Austin's daughter brought back- Ho dias been a nuisance to me in the hotel for some time back trying to get drink. Austin came back to mo next morning before I left my bed and demanded the bottle and agg-iu afterwards, at 9 o’clock, he came and said he would pay for four bottles sooner than get into any trouble. He offered me five or six times, f <N*uld not swear the bottle produced is the bottle I missed from my bar, but I ( missed a bottle exactly the same as it. The brand is a common one, and may be seen in every hotel in the district. To Inspector Pender : I had put the bottle on the shelf about ten minutes before 7 o’clock. To the Court ; Tile height of the shelf is as far as I could_rsach. Julia Brosnahan : I am the wife of Hugh Brosnahan. I saw the accused in tbe bar-parlor on the 23rd January in company with Hoskins. Crimin was in the ''ar when I came, and he then left. 1 gave each of the accused a glass of beer, and I left them in the bar. I left no one in charge ot it, There was no one in the bar-parlor except the two of them. The door, from the bar to the ba”-parlor was open. I was about fiye. minutes away. When I came back Austin was gone. Hoskins Paul I wonder where Austin is gone. When the girl came back with the bottle I saw where the bottle had been taken from. To Mr Johnston ; Accused had a few glasses of'beer at ray house that day. 1 won’t swear 1 did not serve him with brandy, or whisky, or gin, but I believe he had none of them. Ho asked me for brandy but I would not give it to him, because his wife would come blowing 1 about it, and he had no money to pay for it. Austin has been in. the habit of coming to the hotel and taking a couple of shillings worth of brandy with him, 1 recollect some time ago his daughter bringing back a bottle of gin because his 1 [ wife would not let him drink it. This t

her father got it, Debor ih Grimm; I am the yyife of the John Crimin living .vt Orari. On the day in question, while standing at the door, I saw accused and Hoskins came out of the bar-parlor. Hoskins went into the dining room and accused went ont. Accused had a bottle inside hia. jacket. They spoke to each other in the passage, but I did not know what they said. To Mr Johnston : The accused appeared to hide the bottle. He passed me in a very quick way, I saw Hoskins inside in the dining room ns if he were shading Austin from being seen by Brosnahan. Lillias Austin : I am daughter of the accused. On the evening in question I found a bottle on the cupboard and took it back to Brosnahan. It had been opened. To Mr Johnson : I asked Mrs Brosnahan who gave tiie bottle to my father she said he had stolen it. About two years ago I took a bottle back to Brosnahan, because I did not want my father to have it. My father has been the worse for liquor several days during last nionth. I have taken him away from the hotel, but not often, during the last month. Constable Morton : I recollect arresting the accused, Austin and Hoskins on the 24th. Austin said he never stole it—that, he got it from the saddler, meaning Hoskins. He showed tne where he was sitting when he got the bottle from Hoskins. I took possession of the bottle, and it is the one now before the Court. Judging from appearance, he was slightly under the influence of drink. Yesterday morning, in the lock up, he said Hoskins never took the brandy from Brosnahaa ; that he often brought brandy from Timaru before On the previous evening he told me he did not know where Hoskins got the bottle. After Mr Johnston had addressed the Bench for some time, urging that there was no evidence against the prisoner, the Court decided to hear the case against Albert Hoskins who was similarly charged. Albert Hoskins on being charged with having stolen a bottle of brandy from the Orari Hotel, pleaded not guilty. The evidence was the same as in the case of Austin. After hearing the evidence, the Court decided to dismiss both cases,and in doing so severely reprimanded Austin, who had hitherto borne an excellent character, but had given way to drink. The Court pointed out to him that this ought to be a caution to him, and urged upon him the necessity of giving up his drunken habits. LARCENY. Thomas Gaffney was brought up charged with the larceny of a trousers and vest and a pair ef socks from the shop of Mr W. Storey. The prisoner pleaded guilty, in extenuation of which he pleaded drunkenness. Inspector Pender conducted the case for the prosecution. William Storey : I am a tailor and draper, of Ternuka. I missed the trousers vest and a pair of socks, produced, on Saturday, 21st inst. The value of the trousers is 22s 6d, vest 12s 6, Socks Is 6d. I next saw the trousers and vest at the police station. They had been hanging in my shop window before they were taken. I produce the coat belonging to the suit. I never sold the prisoner anything. Henry Clinch : I am a tailor in the employ of the last witness, I know the trousers and vest produced. They were hanging in the shop window. 1 dressed the window on the 24th December last. 1 saw the goods in the window on the 17th inst. They were hanging not fur from the door- 1 was one day absent in Timaru and missed the things as soon as I came back. 1 fastened the trousejg and vest on the railing over the window with a pin that is still in the vest Edward Oden gave evidence to the effect that the prisoner sold him the pair of trousers produced. Thomas Burke ; lam a constable. I arrested the prisoner and charged him with having stolen the trousers and vest. He made no reply. He said he did not know where his swag was. I took him to Taylor’s boarding-house where I found his swag. He refused to take it, and said he did not know it. I searched the swag at the police station, and found the vest produced in it. Prisoner was present, and said lie had been wearing the vest for the last two or three years. The prisoner was then committed for trial, at the next sitting of the District Court. FRIDAY, JANUARY 27. ([Before A Cox (Chairman), and J Mendelson, Esqs, J.P’s.] LARCENY. Thomas Dobson was charged, on the information of John Speed, with having, on that morning stolen a tent of the value £1 2s 6d. It appeared from the evidence of John Speed, farmer, living at Rangitata South, that Dobson and another man had been working, for him. Some' disagreement arose, and they demanded their wages. Speed declined to pay them as they would not finish the week. He paid £1 to one of them and declined to give anything to Dobson, who said he wo;'ld stick to the tent, Dobson then took away the tent, and was followed by Speed who paid him £l, the j amount duo to him, but Dobson still refused , to give up the tent Speed then gave inf >r- j matron to Constable Morton, who arrested

• caution, and ordered the tent to be given up to Speed ■