RESIDENT MAGISTRATE’S COURT.

Temuka Leader, Issue 2402, 22 September 1892, Page 2

RESIDENT MAGISTRATE’S COURT.

Temuka—Tuesday, Sept. 20, 1892. (Before J. T. M. Hayhurst and J. M. Twomey, Esqs., J.P.’s.) BURGLARY, ETC. John Gibson, John Hay, and Albert Cone were charged with breaking into the house of the Rev. John Dickson on the 7th August and stealing therefrom about £7 in money, a microscope, an aneroid barometer, certain trinkets, and other articles.

Mr Salmond appeared for Gibson and Hay, and Mr Postlethwaite for Cone. John Dickson, clergyman of the Presbyterian Church, residing atEpworth, sworn, said : I remember the 7th August. At about ten minutes past six o’clock in the evening I secured the windows and doors of my house and left three lamps burning. I was the last person who left the house. I concealed the key under the mat on the verandah. I went to church, and returned in about two hours. My housekeeper preceded me, and entered the house as I entered the gate. Soon after entering I missed the money, some £7, from a drawer in my study. After some time I missed some trinkets that 1 had brought from Italy, and afterwards a pair of opera glasses, an aneroid barometer, a microscope, two ink bottles, some napkin rings, a lens belonging to a magic lantern, a buggy wrench, and various small articles which I cannot recall. Their total value, including the cash, I estimate at about £l4. I identify the articles produced as my property. They were in my house on the night of the robbery. The house was locked.

To Mr Salmon d : Had no idea how the house was entered. Heard his housekeeper unlock the door. One of the windows was unfastened. Thought the house might have been entered by the window. He did not know how the thieves obtained entrance to his house. Found a window unlatched. It had been unfastened previously with a knife. Most of the articles have been recovered. Some of the money was missing. The amount recovered was £2 17s Id. To Mr Postlethwaith : Did not know the amount cf money that was in the drawer. There were two one-pound notes at least, and the remainder in small coin. Did not notice that the windows were tampered with. Generally secured all the windows.

Elizabeth Bessie Hay : I am housekeeper to the Rev. John Dickson. I left the house on the evening of August 7th at about 6 p.m., leaving Mr Dickson inside. The house was unoccupied that evening while we were at church. I locked the kitchen door. I came back directly after service. I found the key under the door mat on the verandah. I noticed nothing wrong until Mr Dickson came and told me someone had been in the house. I recognise the barometer, the napkin ring, ink bottles, two brooches, two sleeve links, and a breast pin as articles stolen from Mr Dickson. On the way to church I met the accused Cone in the scrub near the bridge. He frequently came with letters and messages to the Manse.

To MrSalmond : The key was regularly kept under the mat. The accused Gone might know that the key was kept there. Thomas Livingstone, sworn, said: I am a detective stationed at Timaru. On the 14th of the present month I saw the accused Cone at Mr Frew’s farm, Temuka. I told him who I was, and that I knew the way he had been going on lately. I said to him, “ Where were you on Thursday night last '?” He said, “ 1 was with the others.” I said, “You got home about 4 o’clock that morning.” He said, “ I was home before that.” I said, “ Now I want the property that was stolen from Mr Roulston’s and Mr McCaskiil’s shops at Temuka.” He said, “ I’ll get it for you.” He went with me to a straw stack, and from three places he took out property, which he admitted was stolen. He then took me to a gorse hedge, where he got the field glasses produced. He then took me to the riverbed, and got a bag with some things in it. I arrested him, and on the way to Temuka he told me there was a microscope planted in a box in the gorse on this side of the bridge. He said the other two accused, Gibson and Hay, were with him when he got into the Manse; that he opened the door with a key that he had. He had filed the guts out of two keys, but had since thrown them away. He said he was led into this; that Gibson was the captain. (Mr Salmond objected to this statement appearing in the depositions.) The opera glasses and puzzle found in his possession have been claimed by the Rev. Mr Dickson, He said the money was divided, and that he had not got his share. In company with Constable Bourke I arrested the prisoner Gibson on the same date, 1 told him that Cone was arrested, and that we had recovered the property he had. He said, “ I’ll give you mine.” He took us to a gorse fence at the back of his father’s house, where he produced a large tin of property, which he admitted was stolen—the barometer, ink bottles, trinkets, napkin ring, and £1 5s in money (which he produced from the house). The money he admitted was part of the proceeds of Mr Dickson’s robbery. He asked, “Who has informed I” 1 arrested Hay the same evening, and on the following morning he handed us £1 12s Id cash and a magnifying glass which he took from a lot of other property, which he admitted was stolen. The cash he said was taken from Mr Dickson’s and the magnifying glass was identified. He said he was led into this by the others ; that Cone went to the house first, and, seeing a light, rang the bell three times. Finding nobody in he called upon them, and they entered by means of his own key. To Mr Fostlethwaite: Cone when arrested immediately admitted that he had taken the things from Mr Dickson’s. He mentioned a number of the articles stolen and immediately took him to the places where they were concealed and handed over the goods he had. To Mr Salmond ; Gibson and Hay also made a clean breast of it. Neither attempted to deny it. The only article belonging to Mr Dickson found in Hay’s possession was * magnifying glass and a sum of £1 12s Id. He said he had spent Mr Dickson's money, but had put the other in his box instead. This concluded the evidence. The visual cautions having been read, the accused were committed for trial at the next sitting of the Supremo Court, their defence being reserved. The same accused were then charged with breaking into the shop of D. McCaskill on the 9th September and stealing therefrom sundry articles to the value of £8 5s Cd, juciudjpg the sum of 5s in cash. D. McCaskill, sworn, said; _ I am a storekeeper, casryiug on business at Temuka. On the Bth of this month I closed my shop at 10.30, x had the key in my possession until the following morning. I opened the shop then at about aTquarter to nine. Finding by the look of the shop that it had been entered during the night, before disturbing anything 0 ! gave information to Constable

Bourke, and at his request made out a list of the articles I missed. After this I was asked to attend at the police station and identify my goods amongst others. I identify the articles produced as having been stolen from my shop. (This lot consisted of pipes, razors, knives, jewellery, cigarettes, account books, bottles of scent, studs, etc.) I value the goods at about £7 or £B. Detective Livingstone gave evidence again as to the arrest of Cone, and the finding in his possession of four pocketknives, sixteen packets of cigarettes, one box of pens, two packets of small books, one bottle of scent, one pen, and two razors. These articles were since identified by the Last witness. He (Cone) said the three were together when McCaskill’s shop was entered. They took what coppers there were, divided them, and each took what they wanted of other things. Gibson had in his possession twenty-six packets of cigarettes, two razors, two books, nine knives, four pencil cases, one purse, one mouth organ, half-a-dozen boxes of matches, one card of studs, Is 10d| in coppers, one cigarholder, six pipes, and five brooches. These articles were claimed by the last witness. Hay had in his possession ten packets of cigarettes, 2s 7d in coppers, one card studs, three knives, two pipes, one pen, one brooch, and two razors—all subsequently identified by last witness, and accused admitted that the cash belonged to Mr McCaskill. The prisoner Hay said that he did not want to be in this, but that the others waited on him at the Army and persuaded him.

To Mr Postlethwaite : The accused admitted the charges, and assisted to recover the property. To his previous evidence Detective Livingstone added that prisoner Cone said he entered McCaskill’s door with a key, and they all entered together.

Thomas Bourke, sworn, said : I am a constable stationed at Terauka. Amongst the property found with Hay was a key with some of the wards filed out of it. The key would open Mr McCaskill’sdoor. Hay said he filed the key stolen from Mr Findlay’s shop. To Mr Salmond: Since witness had been stationed at Temuka he had looked upon the accused as exceptionally quiet, good boys. None have ever been in trouble before. Gibson and Cone are 18 years of age and Hay 17 years of age. The boy Cone said that Gibson was going to sell the microscope, and to prevent him he took it away. None of the articles were disposed of as far as he knew, except some of the money. Hay had told him that he was for a time, lately, a member of the Salvation Army.

To Mr Postlethwaite : All the articles stolen from Mr McOaskill have been recovered.

The accused reserved their defence, and were committed upon this charge for trial at the next session of the Supreme Court.

The same accused were charged with breaking into the shop of W. C. Eoulston, draper at Temuka, and stealing therefrom a number of articles of a total value of £l4 7s lid. W. C. Eoulston said that he had locked his premises at 12 o’clock on the night of the Bth September. He opened the premises the next day and found a lot of things disturbed, and concluded that somebody had entered the premises during the night; and on examination found that a lot of things had been stolen. Amongst a lot of goods at the police station selected those produced as having been stolen, and now identified them. The valu'e of the goods recovered is about £l4 or £ls. The prisoners had been customers of his. Believed entrance was effected by a back window, the latch of which was pushed back; thence through a centre door, which witness found unlocked in the morning. Fancied some of the property stolen had not been returned. To Mr Postlethwaite : Had not been systematically through the stock to ascertain actually what was missing. Had found a trousers and vest missing and some 20 stereoscope views. Detective Livingstone's evidence was similar in effect to that given in the previous charges. In Cone’s possession was found property to the value of £2 6s Bd, which had been identified by last witness. He said he opened the front door, and the others followed him. Each one took what he wanted. No clothing was taken exeept a pair of trousers. In Hay’s possession was property to the value of £5 3s 9d, since identified by Mr Eoulston. In Gibson’s possession was property to the value of £6 17s 6d, since identified by Mr Eoulston. He (prisoner) said, in speaking of this charge, that “he supposed he would have to knock off work now and carry bricks.”

Constable Bourke stated that on the morning of the 9th, on examining Mr Roulston’s, he found the catch on the back window had been apparently pressed back by a knife, which led him to believe that it was by that entrance was gained. A door leading from there had been opened apparently by a duplicate or skeleton key. The shop presented a very disordered appearance. Amongst the stolen property found with Bay he found a key with some of the wards filed out of it. This key would open the door leading from Mr Roulston’s back premises to his shop. Each of the prisoners admitted to witness having entered Mr Roulston’s shop and taking the goods found. They said it was about two o’clock on the morning of the 9th when the robbery took place. Accused were then committed for trial at the noxt sitting of the Supreme Court, their defence being reserved. The same accused were then charged with breaking into the shop of Job Brown in the month of June last, and stealing therefrom goods to the value of £1 6s 6d. Job Brown, merchant, Temuka, said on the 22nd June last found that someone had broken into the shop during the night by means of the back window. An attempt had been made to take a panel of the door communicating with the front shop. A pane of glass was broken in the door which could then be unlocked. The key had been left in the door and the thieves removed it. The two bottles of scent, spirit level, and belt clasp, produced, he identified as being part of the goods stolen from his premises. He could not identify the chain. Other goods were lost. At a rough estimate thought about £5 worth of goods had been missed. Detective Livingstone gave evidence as to finding the goods identified in the possession of the prisoners. Accused, Gibson, pointed out the watch chain as belonging to Mr Brown. Hay remembered the date because it was the shortest day in the year. Constable Bourke stated that amongst the stolen property found on Hay was a pocket knife, which ho said he broke in trying to take the panel out of Mr Brown’s door. He said the three were in the shop together. Ho admitted that they had taken the articles produced, and now claimed by Mr Brown, The accused were then formally committed for trial. The accused were thou further charged with taking, on the sth July, a number

of tools (enumerated) of the value of £2 8s fid from the shop of James Findlay, engineer, Temuka. The Bench after a little discussion decided to deal summarily with the minor charges. In this case the accused pleaded guilty and were each sentenced to fourteen days’ imprisonment. They were convicted also with stealing a barometer from N. 0. Nicholas, and, pleading guilty, worefconvicted without sentence.

John Gibson was charged with stealing a steam guage, the property of A. W. Gaze, and pleaded f ‘ Guilty.” He was also convicted without sentence. This concluded the hearing of the cases, which occupied about 4 hours.

GERALDINE. 0. A. Wray, Esq., R.M., presided on the Bench at the R.M. Court, Geraldine, on Tuesday.' In the case Nalder (Mr F. Wilson Smith) v. A. McKay, claim £l7 9s, on a judgment summons, defendant was ordered to pay by instalments of £2 each or in default six weeks’ imprisonment. The parents of two children, viz., Minnie Smith and Lucy Bates, were charged with not sending their two children to the Orari South Public School the lawful number of days. The head master gave evidence to the effect that one of the children had not been to school more than 31 days in 118, and the children by irregular attendance o were very backward in their studies. The Bench in dismissing the case cautioned the parents that a fine would be imposed if they again failed to comply with the law.