MAGISTRATE’S COURT

Temuka Leader, Issue 2865, 7 September 1895, Page 3

MAGISTRATE’S COURT

Geraldine —Tuesday, Sept. 3, 1895. I Before Messrs W. M. Moore, A. White, and A. Metcalf.] STEALING BOOTS. A young man named Walter Johnstone was charged with stealing one pair of boots, valued at 14s, from Orari station on August 3rd. Mr F. Wilson Smith appear* d for accused—who admitted the charge—and asked for lienieucy on the grounds that he had committed the crime without premeditation. Being sorely in need of a pair of boots he simply took the good pair and left his own. He was instructed that the boots were not worth anything like the amount they were valued at. Accused had not denied the charge since hia arrest.

The Bench decided to hear the next charge before passing sentence. Accused was further charged with stealing £3 5a on August 3rd, the property of Robert John Thos. Dickson Searle. Mr c mith asked that the case be dealt with summarily, accused consenting to this course.

Robert John Thos. Dickson Searle, residing at Orari Station, deposed ; On the 2nd August last I was at Mr Langdon’s Hotel, Winchester. I changed a cheque for £3. The change 1 got was two one pound notes and sixteen shillings in silver. Mr Langdon deducted 4s 1 owed him. I had 9s in silver in my pocket at the time. I saw the prisoner at the hotel. The conversation going on in the hotel was about the Grand National. Ho said jf ho could seo his way clear ho would go to the Grand National. There was also a conversation about a shooting party to bo held at the Orari Station. The accused was present the whole time. The shooting parly wore to meet tho following day. When I g t homo 1 left tho money in my in my trousers pocket hanging on tho wall in tho shepherd’s hut. 1 was away at work all next day, and I left tho window of my room open and tho door locked. On tho Saturday evening 1 found that tho money was gone. Any person c mid get through the window. There are four bedrooms in tho hut. 'I lios. Balfour occupies one, George Campbell another, and John Coffey and Goorgo Hammond tho others.

By Mr F. Wilson Smith ; I loft Langdun’s hotel at about a quarter to tan o’clock iu the evening. 1 am certain I had tho exact sum of £b ss. I counted the money when I came homo. I then

put it back in my pocket, I have a box in my room. I generally keep mj' money in the pocket, and never lock it in the box. lam in the habit of having sums of money, £5 and under, in my pocket. I never said I was going shooting or would be away. I never saw accused before, and never told him I would be away. I had no reason to know that he would be likely to know my room. I had a gold chain with a jubilee sovereign in the same room. This 1 kept hanging to my waistcoat. The value of it would be about £lO. That was aot removed, and would be more easily found than the money. I have no idea of. what became of the money. The waisteoat and trousers were about six feet from the window, and it would be necessary to enter to get at them. There were two other men working about the place. Thomas Balfour, shepherd, deposed : On the third of August last I saw the prisoner about the station. I saw him within a chain of the wharo. I had a few words with him, and then went on with my work. It was easy to get into Coffey’s room, and it was easy to get in through the window to Searle’s room.

By Mr F. W. Smith: The window looked to the west, and there is a stable opposite, and also a track which is often used. The window could be seen from the west side. I was on the east side of the whare. I did not see which way accused came. I have never seen accused about the district before. I first heard on Sunday of the boots being stolen. Thomas Langdon, hotelkeeper, Winchester, deposed : I saw prisoner in my house on the night stated. He was in the room all the time Mr Searle was there. The prisoner could not help seeing me cash a cheque for Mr Searle and give the change. The prisoner was present when the conversation took place as to a shooting party at Orari. He engaged a bed that night, and he asked what time we had breakfast. He did not pay for his bed. This closed the case for the prosecution. Mr Smith contended that the evidence adduced was too flimsy for a convi tion. The Bench considered that the evidence was not sufficient to convict accused on the second charge of stealing money, which would be dismissed, while on the first charge a penalty of three months’ imprisonment would be inflicted. The Court then rose.