RESIDENT MAGISTRATE'S COURT.

Temuka Leader, Issue 1884, 27 April 1889, Page 3

RESIDENT MAGISTRATE'S COURT.

Geraldine— Thursday, April 25, 1889.

[Before Rev. Geo. Barclay and R. H Pearpoint, Esqs., J.P.Vj LVRCENY. Albert Hoskins was charged with that J he did on Iho 16th inst. feloniously steal, take, and carry away a quantity of oats, to wit one bushel, the property of George Fox, of Geraldine. Inspector Thompson conducted the prosecution. Prisoner, who was undefended, pleaded Fox, a young woman 18 years ot age, sworn, said she knew the accused. Recollected the 16th inst. Was at the accused’s house. Did not give him permission to take oats from her father s stable. Mrs Hoskins neked her to any witness gave him leave. Accused asked her when Constable Willoughby brought him to the house to say she had given him leave to take the oats, but she denied doing so. She denied now sver having done so. . To accused : I have sometimes borrowed things of you when we have run short. Several mouths ago I lent you some oat sheaves. I lent you some oats about five months ago, and some oat sheaves about three months ago. Mrs Hoskins asked me to lend you some more, and I told her I had not got them. I have lent you a few potatoes when you have not had any. 1 have-sometimes borrowed of you. On the 16th inst. you said you were going to get some chaff from Dunlops, and was going to get the horse in for the purpose, i You did not tell me you were going to Ellery’s. You never said anything to me abqut lending you chaff, but simply said yon were going down to Dunlop s for ctffff, 1 have net always had my father’s consent to Isnd you things. Remember you coming to me and asking me for some flax, which was in the stable. 1 told you you could have it, and you took it. You esme one day for three bags you said my father owdd you, and you took them with my consent. George Fox, carrier, Geraldine, sworn, said he had never given accused permission to take oats fr«m bis stable. Witness usually kept feed oats similar to those produced in his stable. The value of the eats produced would be a little over 2s. To accused ; I have bought bags of chaff from you. I might have borrowed a bag from you, but I don’t think it. Am aware ray daughter was in the habit of going doivn to your place and borrowing things sometimes. 1 never owed you three bags, and never told you to go and get them., I swear so distinctly. If I ever bought chaff X either returned the bags or bought them. 1 never owed you them. ... William Willoughby, sworn, said he was a police constable, stationed at Geraldine. Owing to information he had received he was watching Fox’s place on the 16th inst;, as he heard his onts nere being stolen. Shortly before 2,30 p.m. saw prisoner come up the street with'an empty bag upon his arm, and turn into Fox s yard, He walked into the shod where the oats were kept, got a bucket out of the stable, and soon afterwards came out with something in a bag. Prisoner walked d<yin the street, when witness tapped • hffinn'the shoulder, and asked him what he'thlidi got in the bag. Prisoner said Witness asked him if Fox gave him leave to take them. Prisoner said “ No. but Lizzie- Fox did.” He also said that Lizzie Fox was down at his house, so witness took him down and confronted him with her. As soon as prisoner got within bis shop he asked Lizzie Fox if she did not give him leave to take the oats, and continued asking her several times. Witness also asked her, but denied •ver having done so, and persisted in denying it. Witness then arrested prisoner. The oats produced were the ones. There bad been a bill brought to the Court that morning, purporting to be a Hat of things dne bj Fox to .prisoner. To accused : You went in in a perfectly open manner, and did not look as if you were,frightened of being seen. Ihere is a gap in the fence behind the shed leading into the park. Any person could get through the gap into the shed. You went into the shed, and then came out and had a look round as if looking for something. (Witness remarked the prisoner was talking of looks, but h® looked utterly «flabbergasted ” when witness tapped him on the shoulder). John E. Hood, watchmaker, Geraldine, aworn, said his house was about 200 yards from Fox’s stable. Remembered the 16th i inst. Saw accused oh that day go into Fox’s stablo with an empty bag on his arm. Shortly afterwards he came out again with some stuff in the bag. Constable Willoughby was in witness' place, and arrested accused. To prisoner! I had stated before that I had seen you come out of Fox’s stables. Could not -say what you came out with. Am sure it was not the tow you now showing me, as the weight made •iit hang down your back. You went in ■openly, so that anyone could have seen won had they been about. • To Inspector Thompson : I saw accused : go in several, times. Some weeks before • •this! Saw him come out once with an •empty bag. -I asked Fox that night, and •there happened to be no stuff there, Cn the 16th accused jnsl went in, took the Bluff, and came out again. To prisoner. i saw you go into the stable, Jbut do not know what yon bad in the bag. This was the case for the prosecution. Accused, in defence, said that on the 16th of the month he was out of chan. He had two bags of new oats, which he . igot from Mr Shaw. The new oata scoureu the horses. Intended to go to Ellery s lor chaff in the evening, as be had been promised two dozen bags. Before going he told Lizzie Fox she must lot him have couple of feeds of chaff. Went to Fox s for the chuff, and found there was none ' there. Lifted the lid of the oat bin, and «aw there were oats and bran there, and -as these were old oats and would not aoour the horses, and his own oats were new and would scour the horses, he took a couple of feeds, intending to return them He intended to go straight home, and tell Lizzie Fox what he had done. Could not have got home without her seeing him. Had asked Lizzie Fox if he could have the tow, and she bad given him permission to take it. The two * -parties had always borrowed of each other, J|tid had returned whatever borrowed. Took the oats openly, and had no intention of stealing them. .. As there was another case pending against accused, tao Bench decided ,to hear

the same before giving their decision on the first.

Prisoner was further charged with that he did on the 17th March last feloniously break into and enter the shop of one James Wilcox Pye, of Geraldine, and carry way one pair of trousers, valued at lie, and one pair of boots, valued at 7s, the goods and chattels of Jamas Wilcox Pye. Inspector Thompson prosecuted. Prisoner, who was undefended, pleaded “Not guilty.” James Wilcox Pye, draper, Geraldine, sworn, said that he recollected the 16th March last. It was Saturdaj'. Closed the shop between ten and eleven o’clock. Locked the door. The windows were fastened by an iron hook and eye. The back door was bolted and locked. Took the key with him. No person sleeps at the place. Next went to the shoo on Sunday afternoon, about S o’clock. Found it the same as left it on Saturday. Was there a quarter of an hour. Opened the counter book, and left it open at the same place. Left the building locked up as before, and took the key with him. Went back again on Monday mornieg about 6 o’clock. Went in by the front door, which be found locked ns he left it. Went to the office. The first thing he noticed was the state the back door was in. Looked at it, and found the book stained with colza oil at page 57. It was stained by the oil dropping, as there_ were several stains on the table alongside lha book. (Book was put in.) After seeing oil on the book, walked around the shop, and found oil all about the shop, and in one place a ring about two inches in diameter. The mark would be made by the bottom of such a lantern ns that one produced. The goods on the shelves where he found the oil drops wore in some places shirts, on others trousers, and on another children’s bools. None of these marks were there upon Ihe Sunday. Saw the boots had been disturbed, and found a pair misEing. Had noticed the shelf of boots on Saturday night about 8 o’clock. Sold no children’s boots after that. His wife was the ooly other person in the shop that night. Asked his wife, and she said she sold no boots after 8 o’clock that night. Was at the sports on the I7*h March, and saw the accused there. Noticed he had a pair of new trousers on. Noticed these trousers because they were those witness had in the shop. Had not sold them. They were ordinary tweed trousers with aide pockets. Had three pairs of the same description. Had a small brown check and a small grey check, also another pair. When he saw the trousers he knew they were his. As soon as he could get away from the sports he went and looked for them, and found them gone. On the 19th March the daughter of accused went past the shop. Noticed a new pair of boots on the girl. . Noticed them because they were exactly the same kind and size as he had missed. The boots and trousers in court were the ones he missed. Recognised them, as he only had two pair of boots of the same kind. Recognised the trousers in the same way. The value of the boots was 7s, and of the trousers lls. Never authorised the accused to taka the articles away. When he visited the shop on the morning of the 18th he found the shop secured as he left it. To prisoner: I swear these trousers and boots are mine. First saw the trousers on you the same day as I missed them from the shop. Saw the boots on your daughter on the Tuesday morning. When I missed them I spoke to Mr Willoughby and described the things, ne did not take it down. Remember the 29th. You came to my house with Messrs Parker, Wadsworth, and Hardy. You told me I had been saying that you had got things without paying for them, and if I would come into the house you would, show me the things, and would satisfy me they, were not mine. Tn the meantime you would expect me to publish an apology in the papers, or you would take proceedings against me. I declined to go in. Did not see you wearing the trousers at the shearers’ ball. Never saw the trousers or boots on you or the child before the 18th of March. Remember our talking about Gabifces and Plante’s sale, and you saying something about how cheaply you could get things there. Made no description of those trousers till I saw you wearing them. It may be possible to get the same sort of trousers in Canterbury. To Inspector Thompson: I did not apologise in the papers. Detective Thomas Neil, sworn, said he was a police detective stationed at. Timaru. On the 17th Inst., in company with Constable Willoughby, he searched the house of accused on a search warrant. He found the trousers produced hanging on a nail in the accused’s bedroom. Found the boots produced under a shelf in the accused’s workshop, a&d the dark lantern produced on a shelf. Mr Pye was present and identified the trousers and boots as those he missed on the 17th March.

William Willoughby, sworn, said he was a constable of police stationed at Geraldine. On the 17th inst., he assisted the last witness in searching the house of accused. Was in the house when the boots and trousers were found, and took the lamp off the shelf. In consequence of information received from Mr Pye on March 18th he visited Pye’s shop. Found a blotch of colza oil on the book produced. The oil was quite fresh and smelt strongly. The stain was as if the oil had dropped. Saw marks of oil on the shelves on the right and left of the shop. The mark on the counter appeared to be round, but was nearly dry. The shop itself was somewhat untidy, which Pye accounted for by saying he had been busy on Saturday night and had not straightened it up. The lamp produced is in the same state as when we got it, hut it had a little more oil. To accused—On the 18th March Pye did not know for certain what he had lost, as he had not gone over his stock. Had seen the trousers on you at the sports. Pye gave me no description except that ha said the trousers you bad on were his. Inspector Thompson said that a difficulty* had arisen in the case, in that be could not close the case without the evidence of Mrs Pye, who was at llakaia. He did not wish to put the accused to any unnecessary hardship, and would ask for the case te be adjourned till the next day, in order that Mrs Pye might be brought. . . It was decided to hoar the remaining evidence, and perhaps Mrs Pye’s evidence c ouk] bo taken at tho Supremo Court. Por the defence acccused called Henry Hyde Parker, saddler,' Geraldine who deposed to remembering the night of the shearers’ ball. After the ball was over two or three of them went for a drive. Accused was wearing a pair

of troua ■■ a very ranch like those produced. Hnd often seen him wearing them, Mr Boughlon and Mr Witt worn with them when they went out for (he drive. The hall was hold in the beginning of February. Had been staying with the accused previous to the sports day. Could not tny h« hid seen (he children wearing the boots previous to the sports, but had often seen them in the house.

To Inspector Thompson : Could not say when I saw the boots first. To accused: 1 always saw them in

use. To Inspector Thomson ; I saw one of the children cleaning this pair (examining a pair) once. The boots have been worn a good bit. If they had been only worn for Sundays they would take a good time to wear like. that. Am staying with accused. Was not aware till this morning I should be wanted. Took no notice of the date upon which accused, was charged with this theft. Know the date of the alleged burglary at Pye’s shop. Knew a month before the theft that he was wearing this pair of trouseis, but swear positively I did not know I would be wanted to give evidence till this morning. Witness repeated the latter piece of evidence.

To accused: I told you this morning that Mr Wadsworth could not come, as he was in Christchurch. n he constable was present, and you said to me “ It does not matter, you will do to swear to my wearing the trousers.” That was the first I.knew of ray being wanted to appear, To Inspector Thompson : I cannot swear that these are the boots that the children wore cleaning, nor can I swear that the boots I saw ihe children cleaning are those now in court. If I swore that I saw the children cleaning the boots now in Court I swore falsely. I saw the boots in the possession of the detective and constable down the street. They stopped and spoke to me. Cannot swear I saw the boots in die possession of the detective. They nny have been in the possession of Constable Willoughby. I was about four feet from the constable. Took no notice of how they were held. Did not examine them. Concluded they were the same as those I saw in the house by their appearance. Could see the inside lining by the way they were held. The lining was the same.

To accused; I can swear I have seen the ch Id cleaning boots similar to those previous to March 18tb. I also swear that I saw in the hands of either the detective or constable boots similar to those.

Prisoner reserved his defence. The Bench said that with regard to the first case they found the accused guilty of larceny. They would deal summarily with the case, and the sentence would be three months’ imprisonment with hard labor. On the second charge, prisoner would be committed to take his trial at the next sitting of the Supreme Court to be holdon at Tiraaru, This beiug all the business the Court adjourned.