RESIDENT MAGISTRATE’S COURT

Temuka Leader, Issue 2040, 1 May 1890, Page 3

RESIDENT MAGISTRATE’S COURT

Geraldine—Wednesday, April 30,

[Before C. A. Wray, Esq., R.M., and H. W. Moore Esq., J.P.] UNBEARDED SHEEP. Michael Kennedy was charged by the Sheep Inspector with exposing for sale in a public yard 4 sheep which Had not been branded with the registered brand of the owner, Mi W. Sutton proved the offence. Defendant did not appear, and was fined Is per head and costs. CITIL OASES. E. Coles r. 0. Trengrove—Claim £2 11s 6d. C, Trengrove asked for a rehearing on the grounds that last court day he went away under the impression that the case was adjourned. Rehearing granted for next court day, the plaintiff to be notified of the same.

Emily Harris v. Duncan Mackenzie —Claim £4 ss. Judgment summons, Mr F. Wilson Smith for plaintiff. William Middlemiss, sworn, said he knew the defendant. He was working with threshing machine and had been for some time. Witness stated that defendant had been earning fair wages. : Defendant, sworn, said he had only been earning about 7s 6d a week as “ chaffy ” on a threshing machine. Defendant was cross-examined at some length to show that be had been earning more than that, but he stuck to his statement. In reply to the bench defendant said he did not intend to pay the money, An order was made for the money to be paid forthwith, or in default 21 days’ inprisonment. E. H. Pearpoint v. John Bamber— Claim £4 Os lOd.—Judgment was given by default for the amount claimed and costs. P. Daly v. H. Homes Claim £1 17s 6d. Mr F. Wilson Smith for plaintiff, and Mr Cathro for defendant. After hearing the evidence of the plaintiff,, and defendant, and also of .defendant’s brother, judgment was given- for the defendant for the amount claimed and costs, with solicitor’s fee, 10s 6d, and one witness’, 10s.

P, Daly v. A. W. burridge—Claim £6 10s, afterwards reduced to £6 6s, for board and lodging, hire of horse and cash lent. Defendant filed a set-off of £5 Is for a quantity of extra work done by him at the Hilton Hotel, and paid £1 into Court. Mr E. Wilson Smith appeared for plaintiff, and Mr Salmond for defendant.

The evidence of plaintiff and defendant having been taken, and they having been cross-examined at coneiderable length on the various items, the bench, after consideration, gave | judgment on the claim itself for £0 3s, allowed the set-off of £5 Is, and gave judgment for £1 2s, less the amount paid into Court, and divided the costs, making them 5s each. T. Markham v. Hayward—Claim £1 18s, for board and lodging and cash lent, . An item of 6s for drink supplied was struck out, and judgment given for £1 2s. [At this point the Resident Magistrate bad to leave m order'to catch the train for Timaru, and the Court adjourned for ten minutes.] The Court resumed before R. H. Fearpoint and H. W. Moore, Esq , J.P.’s.

STEALING from the person. David Stewart was charged with that be did on the 24th April, 1890, at Geraldine, feloneously steal, take, and carry away from the person of one John Woodhead one sovereign,

one cheque for £2 (signed by Mr Mc&uinness, Timaru), and £lB in single notes, the money of the said John Woadhead.

Inspector Thomson appeared to prosecute, Mr E. Wilson Smith appeared for the accused, who pleaded “Not Guilty.” r John Woodhead, farmer, Temuka, sworn, deposed, I only knew the aceusedi by sight and to speak to occasionally. Kemember the 24th of April. Was at Temuka, we drove together from Temuka to Geraldine. ■ We got to Geraldine between 1 and 2 o’clock in the afternoon. We called at Winchester and had a drink or two there. Could not say I was sober when I arrived, at Geraldine. Went to the Crown Hotel on arrival at Geraldine. Could not recollect if I had drink there. Went to sleep on the sofa in the bar parlour. Could not be certain if any person was in the room when I went to sleep. I,bad some money. When I left Temuka had £2l, there was a cheque for £2, a sovereign, and I believe two half sovereigns, the remainder? being in notes. The money was in two purses, a little red pocket book, and a little book that fitted with a snap at the top The purses were in my left hand trousers pocket. I remember seeing this money when we left Winchester. I took Some out to there and the remainder I put back in my pocket. Had a few loose shillings some of which I spent there. Don’t think I spen any of the large sum there. Did not take out the money lost there, only the loose cash. '1 hat is the last time I saw it. Was asleep on the sofa about an hour and a half. A man named Eae woke me up and I went to the bar to get a drink, felt in my pocket and found tbe money gone. I do not recollect giving accued the cheque that day. Don’t believe I gave it, although not sober. When I found the money was gone I went to look for Stewart, as I bad some recollection of his adjusting the pillow under my head. I found him, and asked him if he had got my money. He denied having it, and lost his temper, and said he would lead me any amount. I begged and prayed of him to give it me, even if he had"spent fiye pounds of it, but he would not. Bae and I then went to the police station for Constable Willoughby, who brought the accused to the police station. After informing Willoughby I remained at the police station. Con-

stable Willoughby and Eae went back for the accused, and I stayed till they returned. Accused returned with them. On their return I again asked Stewart to give up the money he had left, and he refused, and I then gave him in charge. He was searched by Constable Willoughby. I saw him searched. The constable found a number of notes, I cannot remember how many. I recognised two of these notes, and pointed them out to Constable Willoughby, [Witness here examined a number of notes, and picked out the two which he had identified at the station as belonging to him.] I recognised the note (marked exhibit B) by the marks on it when Mr McGuinness gave it to me the day before. It was then torn and pieced together as it is now. The accused had no authority to take any money from my person that day; Cross-examined by Mr F, Wilson Smith: I received the money on the Wednesday, and came home the same evening, and stopped at the Wallingford Hotel. Went to bed about 10 o’clock. Might have spent a shilling or two. Eemember the cheque of £2, Mr MeGuinness gave it to me. I saw it at Temuka, and again on my way t@ Geraldine. Don’t think I took it out of my pocket. Swear positively I could not have taken it out of my pocket without remembering. I was not exactly sober, but remember I did not take it out o! my pocket. The cheque, sovereign, and one note were in the little purse, and the remainder in the

pocket book. The purses were not in my pocket when I woke up, and I have not found them yet. Don’t know which side I was lying on. The money was in the left hand pocket. I have not recognised any of the other notes. Saw these two notes again when in Temuka on the Wednesday evening. Saw them again the next morning, and again at Winchester, and again when I arrived at Geraldine, I just took out what was required to pay for a few drinks, but did not look at all of it. Took out the little purse. Did not take out the little purse. Did not take out the other one, but think it was in my pocket. Did not change the cheque. Am certain of that. About half an hour before I left Temuka I counted 1 the money. There was then just the £2l, besides a few loose shillings. Eobert Eae, sworn, said: I am a farmer residing near Geraldine. I had occasion to go into the Crown Hotel on April 24, when I saw Woodhead in the bar parlor. He was asleep on the sofa in the bar parlor. I said “ Johnny I want to see you about some horses.” He got up, and said “ I am glad to see you. W® havp a drink.” Jle wept to the bar and called for some liquor. He searched his pockets, and said he had no money. He left the bar, and I next saw him in No. 3 room talking to the accused. I heard him ask the accused for the money, and the accused replied “ I have no money of yours.” I said 1 to Woodhead “I must attend to my i business now,” and Woodhead said : ‘■ No, stop ! This man has got my : money, and I must get it.” I said • “ Woodhead, nonsense ; be careful of

what you say,” and I left the room. Woodhead followed me out, and said “ Will you g© down and get the policeman ?” I said “ It is no business of mine. If you have lost your money get your money, and be very careful whom you accuse. I am not going for the police.” A short time afterwards—perhaps an hour—we were joined by Stewart. I said to Woodhead, in Stewart’s hearing, “ Now speak to Stewart, and if he got your money you may arrange it ■ without calling the police.” I asked Stewart myself, and said “ Johnny wants me to go for the police, and if you have got his money you had better give it to him.” Stewart said he had not got his money, but if Woodhead wanted any he would lend him some. Both appeared as if they had had liquor, and Woodhead appeared the worst of the two. Stewart said “ We will have to go home to Temuka, and if you are hard up I will lend you 10s or a pound.” Stewart offered Woodhead 10s, and said “ I am not hard up, Johnny, and I wont see you stuck here.” Johnny said “ I don’t want any money ; I only want my own money.” Woodhead accepted this 10a from Stewart. The three of us went to the bar, and Woodhead called and paid for three glasses. Woodhead paid for them out of the 10s 6d he received from Stewart. We went to the stable.

Woodhead followed me and Stewart, asked Woodhead if he had got his money. I said to Stewart “If you have got his money give it to him-” He denied having it, and finally I went to the police station, and saw Constable "Willoughby. He told me to bring Woodhead down. I did so. He lodged his complaint, and Willoughby and I went up and saw the accused. He was asked to come up to the police station, and did so. Woodhead accused him then of having his money. He said “ I have not got it. You can search me.” When Willoughby attempted to search him he said “ I will not be searched,” and was rather bouneeable. He said to the constable “ You be careful what you are doing, or I will punish you for this.” Eventually he agreed to be searched, and said “ I have got £l2 in my breast pocket.” He took the £l2 out and put it on the table, and and Willoughby said “ Have you got any more money ?” and he said “ I don’t know.” Willoughby said “ You had better search,” and he then pulled out two one-pound notes, and a purse with three half-sovereigns and some silver. In reply to the constable, he said this was, he believed, all he had. The constable then searahed him, and found another two shilling piece in one pocket. Woodhead was there at the time, and the constable asked him if he recognised any of the money as his, Woodhead said he recognised the note marked exhibit B by the piece of paper pasted on it to keep it together and the note marked exhibit A from some ink stains on it. Stewart said nothing to this, and Woodhead gave him in charge. Bella Mackenzie, housemaid at the Crown Hotel, sworn, said, I was in the bar at the dinner hour on the 24th of April, I saw accused there. He handed the cheque to me and I gave it to Mrs Farrell, she changed it whilst I stood there.

Mary Farrell said: I have charge of the Crowu Hotel, The last witness is my servant. She gave me a cheque on the 24th of April. The one produced looks like it. She only gave me the one cheque, and the one I now produce (marked exhibit C.) is, I believe, the one. I changed the cheque and gave £1 19s 6d to the accused.

William Willoughby, sworn said, I am police constable stationed at Geraldine. At 6 30 p.m on the 24th April, the witness Eae brought John Woodhead to my office. Woodhead laid a complaint, and in consequence of that complaint I brought the accused to the police office. When I brought Stewart to the office I said “ this man, pointing to Woodhead, charges you with robbing him, and I want to see what is on you.” He said something to the effect that I could search, and I began. I laid his purse on the table in the office, He snatched it up and put it back in his pocket, and said, Willoughby-“ you had better mind what you are at or I will have you punished for this.” There was some further conversation, aud as he objected to being searched I sat down and wrote out a search warrant. Woodhead failed to get the warrant signed as there was no justice of the peace handy. I then said to accused that innocent persons generally allowed themselves to be searched and he then consented. He stood up and said “ I ought to have £l2 or £l3 on me ef my own.” He pulled out his pocket book and several things out of his pocket, and laid them on the table and began to count a number of notes. When he came to the number twelve he stopped. I entered the number 12 on a property sheet. I then picked qp two more notes on the table, unfolded them, and laid them on the same heap. I also entered them on the proyerty sheet. I then took the purse, and in it I found three half severeignr, 15s 3d in silver, and 2a in another pocket when I searched him finally. I then called Woodhead over to the table, and asked him if he recognised any of the notes. I placed each one separately before him, and he picked out two masked “ exhibit B and A The accused accounted for £ll 10 s of his own by saying he got £6 10

for a horse from a man named Welsh, and £5 he had of his own. The difference he did not account for. jl then arrested him for stealing tfie money. He was brought up the following day, and remanded for eight days. After being remanded he said “ Mrs Farrell gave him in exchange for the cheque a one pound note arid a sovereign. • ! Ta Mr Wilson Smith: He said that after his remand. He also said lie placed the change on the table for Johnny. Inspector Thompson said these were all the witnesses present that day. He had still to call Mr McQ-uinness, of Timaru, who had drawn the cheque, and his barmaid to identify the torn note. If their Worships were satisfied as to the identification of the note he would close his case; if not he would ask for a remand to enable the two witnesses to be present, Accused reserved his defence. The beach considered that a case against the accused had been made out, and committed him for trial to the first sitting of the Supreme Court to be holden at Timaru. Bail was allowed, the accused in £IOO and two sureties of £SO each. This being all the business the court adjourned.