RESIDENT MAGISTRATE’S COURT' TEMUKA.

Temuka Leader, Issue 924, 7 March 1882, Page 2

RESIDENT MAGISTRATE’S COURT' TEMUKA.

Tbmitka — Monday, March 6,1882,. [Before J. Besvvick, Esq, R.M.] LAFOENY. Thomas Gibson was brought up on ; remand charged with having on the 27th. February last stolen two loaves of bread? from a railway carriage. The police prosecuted, and Mr Hamersley appeared for the defence. Thomas Thomson : I am grandson of Mr B Thoms, n, baker, Temuka. I rc-v member delivering bread at the railway station. I told Gibson, and gave him a consignment note ; he was porter on the ra Iway then. The consignment note dated the 27th February is,the one I gave him. I found afterwards that two loaves were taken away the same evening, I delivered the bread about half-past five,, and I was told the bread' was missing about nine o’clock the same evening. I did not count it out then. I put the bread in a sheet and covered it up. It was all together. T consigns d it to Albury. To MrHamersley : I have been delivering bread for Mr Thomson for about three years. It was not my habit to give Gibson a loaf. I did not always deliver the bread. My brother and Robins used to. deliver the bread there sometimes.

Tliomas Battle : I am railway clerk., On the evening of the 27,th of last month. I saw the accused (who wasthen a porter on the railway) go into the waggon and come out with bread under his arm. He afterwards tied it up in a red handkerchief the same as produced. He left it under an empty box outside the shed. He did not know that 1 was at the station at the time. The bread was consigned to Albury by Mr Boyd Thomson. I reported the matter to the stationmaster. The reason I was watching that evening was, owing to previous complaints having been made that bread had been stolen.

To Mr Humersley: I was watching that evening. I am not ashamed.of myself for having watched him. It was the accused’s business to go into tracks. Boyd Thomson : I am grandson of Mr Boyd Thomson, baker, Terauka. Last Monday bread was sent to, the railway station consigned to Albury. I counted the bread and there were 60 loaves in it I counted it at the railway station after complaint was made and there was only 68 loaves in it. The bread was not scattered about. I never gave Gibson author, ty to take any bread. Thave complained to the railway authorities that bread bad been previously stolen. To Mr Hamersly : 1 never gave him only half loaf some time ago. He never r*t.used to take one from me., To the Police ; The accused has been speaking to me , and asked me to say that I gave him the bread. Thomas Burke ; I am a constable and went to the railway on the 27th and arrested the accused. 1 found the two loaves of bread under a small case outsido.

the rion apparently concealed They ited out to me as being stolen. I charged accused with stealing it. He said the bread was lying loose, and he picked it up and put them under the case for fear the paper boys would get hold of them. Alexander Donaldson . I am stationmaster at Temuka Reports were made to me about bread being lost and I sent the clerk to watch. 60 loaves of bread were consigned to my care that evening. There were only 58 loaves when it was counted afterwards. I saw the police take the loaves produced from underneath a case. I gave accused in custody for stealing it The goods would go to Washdyke and stay there till next morning. The accused has been a long time in the service. There have been complaints against the station He was the only porter and shunter. This completed the evidence for the prosecuton. Mr Harnersley called the following evidence, and in doing so urged that the ca e was of such a trivial nature that His Worship might dismiss it. J. Marshall: I am a baker living in Temuka. Gibson has been here four or five years. I have allowed him all broken loaves. I iiave never known any complaints against him. Robert Darrocb. lam a baker. 1 am in the habit of delivering bread at the railway station and found nothing wrong with Gibson. He has always been civil and obliging and I have often given him a loaf, Mr Harnersley said he had a good many other witnesses who would bear testimony to the accused previous good character. His Worship said it was not necessary. He knew the accused himself. Mr Harnersley then urged that as the case was of a very trivial nature, the loss of his situation and the confinement which he had already suffered was sufficient punishment. His Worship said he had not the slightest doubt that the man stole the bread. He looked upon a person in a responsible position such as the accused occupied, who stole goods entrusted to his charge as a greater criminal than persons guilty of ordinary larceny. He would, however, into consideration the loss of and the time he had been already locked up, anwould sentence him to be locked up for 48 hours, COMPULSORY EDUCATION. Alfred Austin was charged on the information of Mr li. A. Barker, Chairman of the Orari School Committee, jmder the compulsory clauses of the Education Act, with having neglected to send his child to school. The defendant said the child was in bad health, and could not attend. He had sent the child to school whenever he was fit to go, His Worship said he would adjourn the case for 14 days, to give the defendant an opportunity of sending the child to school* The defendant: What will I do when the ch’ld is ill, your Worship ? His Worship ; You must get a medical certificate for everyday the child remains away. Richard Cole appeared in answer to a similar information, and pleaded that the child had not suitable duties to go to school. His Worship said he would adjourn this case also, for a month, to give the defendant an opportunity of sending the child to school. Mr Barker said the Committee were very anxious to get a conviction, as the householders were setting them at defiance, believing that no conviction could be got under the Act. His Worship said they would find that out. He would adjourn the present case, and the defendant should see that his children were sent regularly to school. The defendant: Is it likely we would keep them away if we could ? His Worship : Take care that the} r go in future, TRESPASS. Henry Binley pleaded guilty to a on arge of trespass, in fishing on the property of Spencer Lyttelton at Winchester. Mr Deßenzie said the defendant had been frequently ordered off the ground by himself, and he still persisted in coming there. The case was dismissed, but the defendant had to pay costs. CATTLE TRESPASS. Henr Lynch was charged with allowing one cow belonging to him to wander on the railway. The defendant said he had since sold Ke cow, and was in consequence let off ilj the nominal fine of ss. ?rthur Gibbs was charged with a similar offence, and it being his second time was fined £1 CIVIL CASES. T. Svvinton v. Rev Fynes Clinton— Claim £43 3s 6d. Mr Harnersley appeared for plaintiff and Mr Pearson for defendant. Mr Pearson pleaded bankruptcy. Mr Hamers ley said he would admit the bankruptcy although the debt was incurred after the defendant filed. He would accept judgment for what it was worth. Judgment was given accordingly for plaintiff, with costs, P. Coirav. J. Thompson—Claim £7 7s. Judgment summons. The case was adjourned at the request ■rpf plaintiff.

Dr Foster v J. Crimmin —Claim £4 19s 44 Adjourned, at the plaintiff’s request. J. Mcndeisou v. Robert Beattie. Judgment by default for the amount dUimed, and costs.