RESIDENT MAGISTRATE'S COURT.

Temuka Leader, Issue 2171, 5 March 1891, Page 2

RESIDENT MAGISTRATE'S COURT.

Temuka—Tuesday, Maboh 3, 1891. [Before J. T. M. Hayhurst and M. Quinn, Bsqs., J.P.'s.] ALLEGED LABCENTWilliam Simmons was charged with stealing from the swag of John Crimin certain articles to the value of 20s. Mr Salmond appeared for the accused, who pleaded " not guilty." John Crimin, a laborer, working at Milford, sworn, said: He was engaged to work for Mr J. Wareing, He took his swag to the hut, and afterwards went out to the stack. When he returned in the evening he found a lot

of thingß missing. Suspected accused, who was the only man left in the hut. Found itccused missing. Went to Temuka and found him at Mr McAteer's hotel. Asked him if he had a swag He said "Yes." He declined to open it. Afterwards searched it himself, t>nd found the articles produced in a bag in the swag. Accused said he had not rolled up the swag himself. By Mr Salmond: The bag in which the things were found was the property of witness. Some of the things were in the bag. The hut might have been 7or 8 feet long. *. There may have been 8 or 9 men there, There may have been a lot of swags loose about the place. When he found accused in Mr McAteer's hotel ne opposition was made to his seeing the swag. Accused j went and fetched it and opened it. He refused to take the things out, but did not object to witness taking the things out. Accused made no objection to his taking the things. He said that the cook rolled the things up. Had some drinks with him. Accused 1 Bhouted. Witness struck him. Was certain had not asked accused for a pound. Sid not offer to square it for a pound. It might have been half-an-hour from the time he went into the hotel until he gave accused into custody. Had several drinks. Was sober at the time. Had himself been before the court for drunkenness and fighting, and was fined. By Mr Quinn: His swag was in a sack and tied. The articles produced; were in the small bag in which they were found. Accused's swag was in a bag. William Simmons: Had been working for Mr J. Wareing. Five men were sleeping in the room. Packed up his swag on Monday evening. The cook picked everything up, and he held the sack while the cook put the things in, Went straight away to the township to Mr McAteer's. Prosecutor came up, and asked to see his swag. Went and fetched it, and pulled out the blankets. At the bottom of the swag was the small bag. Told witness he had seen the things then for the first time- Prosecutor offered to square it for a pound. Eefused to do so. Told him that he could have the things if they were his. Plaintiff went out, but came in afterwards and struck at him. Afterwards he asked witness to shout. Prosecutor had several drinks. Was afterwards arrested. Had never been charged with any offence before. There were two other men present when the swag was packed. They could see what was going on. Was going to Pareora to join a thrashing mill, Had arranged to go that day. By Constable Morton: Left Mr Wareing's to get another job. Did not go round the bunks to other men's swags. Never saw the cook do so. Before he came to the district was driving a cab in Christchurch, Patrick McGillan, laborer, in the employ of Aspinall & Co.: Was in the Eoyal Hotel on Monday night. Accused came in and threw down his swag, and asked for a shakedown. Accused shouted for four, and then I put the swag in the next room. Crimin came in, and called accused oat. Simmons came in again, and | gave the swag to Crim\n,and said, "You shake it out. If there's anything belonging to you take it." Crimin said, | " That bag belongs to me." " All right," he said, " you take it." Crimin , said, " I don't want any barney. Give j me a pound, and I'll square it." Accused declined, and said, "You can give me. in charge." There was no attempt at concealment. By Constable Morton : Crimin was not telling the truth when he said Simmons refused to empty the swag. By the bench: Did not know accused's name till he saw him in court, j M. McAteer, hotelkeeper: Eemembered seeing accused enter the hotel. He asked to stay, and said he would pay his way as far as it went. Told accused to put the swag in the storeroom, where it was before. Crimin came in, and after talking with accused outside, the two came in together, and Simmons fetched his swag and handed it to prosecutor, who shook it out and claimed a small bag. Crimin told witness to take it and keep it until he fetched the police. Afterwards he offered to square it for a pound. Crimin struck accused, but afterwards had drinks with him. Thought it was all settled. There was no attempt at concealment. Mr Balfflond reviewed the evidence at some length, after which the Bench decided to dismiss the case, but auggested to accused that he should be more careful in future about how he packed his swag. The verdict was received by a numher of men in the body of the Court with applause, which was Quickly suppressed,