RESIDENT MAGISTRATE'S COURT.

Temuka Leader, Issue 2076, 24 July 1890, Page 2

RESIDENT MAGISTRATE'S COURT.

Temwka— Wednesday, July 23, 1890. [Before A. M. Clark and W. Upton Slack, Esqa., J.P.’s.] AI/LEGBX) fnlawpul eeceiting. William Thomas Eaglestone was charged with that he did on 15th May last unlawfully receive one pair of leather reins, the property of the Hey. J. Dickson, knowing the same to be stolen. . Accused pleaded guilty. Inspector Thompson, who conducted the prosecution, stated that on or about the 15th May last the Eev. J, Dickson missed a pair of reins. TJje police subsequently searched Eagle-#

stone’s premises, and found the reins. On being questioned ho said that he had received them from Tucker, who had found them. On being asked if he desired to make a statement, accused said that he knew nothing about the reins until he found them on his harness. He was. ill for some time, and when he got up h© found them on the harness, and asked Tucker about them. He said he had found them. Inspector Thompson said this really amounted to a plea of riot guilty, and with the concurrence of the bench called the following evidence rr—, # John Dickson, Presbyterian minister, residing at Temuka, identified the reins produced as his property. He recognised them by sundry marks, which he pointed out. They were worth about ss. He missed them about the end of the week ending the 17th May. At that date he required them, but found them missing. John Morton, constable in charge at Temuka: Searched the premises of accused on Monday last. Pound the reins attached to harness in Haglestone’s shed. Took possession of them, and showed them te Mr Dickson, who identified them. Accused was not present at the time. Subsequently on being questioned he said that he was ill in May last, and when he was able to get about he found the reins on the harness Asked Tucker about the reins, who after giving an evasive answer said that he found them/ Accused was then sworn, and said that when he found the reins he asked Tucker how he came by them, who said that he found them. TucJser on being asked where he found them said it did not matter. He had got them, and that was all about it. To the bench: Did not see the reins brought there. Tucker had stepped at his (accused’s) place for about a year. He paid for his food. s : To Mr Slack: Accused used the buggy to gather bones, etc. The bench did not consider the evidence sufficient to convict, although very suspicious. The case would be dismissed. LARCENY. James Tucker was charged with stealing the reins above referred to on or about the 15th May lost. • Accused pleaded not guilty. He knew, nothing about the reins further than that he got up one morning, and found the reins on Baglestone’s harness. The Rev. J. Dickson repeated the evidence given in the former case, in addition stating that he did not know the accused. J<?hn Morton, constable, residing at Temuka: Had searched the premises of Eaglestone for other properties reported to be missing, and found the reins as previously described. William Eaglestone, laborer, Arowhenua: Knew the accused. He had stopped with him for about 12 months. Had first noticed the reins produced some time in May. They were on the buggy harness. Asked accused about them, who said “ It was no matter to him.” Accused did not desire to make any statement. By the bench: When Eaglestone asked about the reins I said he knew as much about them as I did. ANOTHER CHARGE. Accused was then charged with feloniously stealing and carrying away i a certain quantity of food from the Salvation Army Barracks, Temuka, on the 15th July. Accused pleaded not guilty. Jane Waugh, an officer of the Salvation Army, stationed at Temuka,j said that the Army had a feast on the I 14th July. The meeting closed about 11 o’clock. Found it necessary to leave C. Walker in charge of the building. Had seen accused. He had no right to take food there without permission. Accused asked witness if he bad not as much right to enter the barracks as Walker, as he was one of the soldiers. Charles Walker, farmer, Waitohi: Was a member of the Salvation Army, and was asked to remain on the premises, and look after the remains of the feast. On the following morning between 4 and 5 o’clock heard the footsteps of someone on the footpath outside, and afterwards the lock was tried. Tucker entered, and striking a light, passed into the back room, where be lighted a lamp, and when witness entered he was eating some fowl. Asked him what he was doing, and he replied, “ Having a feed.” Witness said it was a queer time to be having a feed at that rime of the morning. Went outside to get- someone to call pfye police- Accused was following, riqt Irinas £o|d him to stand still as he haa 2 him to say nothing about it; 1 vyenb back to get his boots, and subsequently informed the officers. Accused had a key of his own, Had known him use it to go in to light the lamps. He was not authorised to do so as far as witness knew- Had seen him go and open the door. The captain had not given him authority. By Inspector Thompson; Wbwn I saw accused in the barracks be seem*fl frightened. Replying to accused, witness said that he told Ticker he would be a dead man if he moved. Accused said that he thought he had as much right to enter the barracks as anyone, being a soldier and having the hey. He was going to the Waitohi for bones, and he thought he would go in and have a drink of tea. Walker had threatened that he would be a dead man if be followed hiin. Had

received the key in Captain Gunmen'* time. Several soldiers had them. Was present at the feast the previous night. Expected that he was dismissed from the Army now. Had gone to the Lieutenant to beg pardon, but she had said that it was beyond her power to do so. . Jane said that the accused did not belong to the Army. He had come to the penitent form the night before, but had not been enrolled; Aa far as she was aware he had no right to hold a key, The Bench decided to convict bn both cases. He would -be sentenced to one months' imprisonment on each offence. • A further charge of unlawfully breaking into the Salvation Army barracks was allowed to be withdrawn. The Court then rose; >