RESIDENT MAGISTRATE'S COURT

Thames Star, Volume VI, Issue 1778, 14 September 1874, Page 2

RESIDENT MAGISTRATE'S COURT

THIS DAY. (Before H. C. Lawlor and J. Kilgpur Esqs. J.P.B. DRUNKENNESS. '■•''.

Nikau (a native) and Charles Smith ■were charged with, drunkenness. Both pleaded guilty and were fined 10s and costs. ' LARCENY. Alfred Gracio was charged that he did at Grahamstown, on the 12th instant, steal from the dwelling house of Thomas Baird a gold and quartz pendant, value £4 15s, the property) of the said Thomas Baird. ■ Accused said he found it in the house and carried it away, but he didn't steal it. Mr. Bullen said that being the case— tantamount to a plea of not guilty—he would have to ask for an adjournment. Prisoner had made a clean breast of it at the station, admitting the theft, in consequence of which he had not all the evidence.

The Court to prisoner: I ask you distinctly, do you plead guilty or not guilty ? Prisoner: I admit having taken the pendant from the house, but I iound it.

Mr. Bullen said he could have the evidence in an hour. Only that prisoner had pleaded guilty before coming into Court it would have been forthcoming then. He would ask the Court to hear the evidence he had, and if not considered sufficient, perhaps the Bench wouldgrant an adjournment until to-morrow. The Court coincided, and Mr. Bullen proceeded to state the facts of the case, which were confirmed by the evidence. He called—

Thomas Baird, mine manager, residing at the Anchor Hotel, in Grahamstown, deposed—That he had seen the prisoner at the Anchor Hotel during three days last jyeek. He occupied the bedroom opposite, to -witness. On Saturday morning the witness' watch and chain and articles attached were hanging at the head of his bed in his waistcoat Eocket. Witness left them there when c went to his work. Returned about half-past four the same evening. Cleaned himself, put on his waistcoat and went to tea, when he was reminded by Mr Cohen that he (witness) had lost the pendant from his , watchchain. Examined the chain, which he found broken as it was then (produced) ; the pendant was gone and two links. From the time witness put on his waistcoat until Mr. Cohen called his attention to the chain witness was doing nothing which would subjact the chain to sufficient violence to break it. Witness subsequently told Detective Brennan and went with him to Mr. Shappero's, in Crrahamstowiu who pro-

duced the drop and two links. Witness recognised them as his, and the detective got possession of them. The value of the pendant and gold link was £4 ss. JSTo one had permission to remove the things from witness' chain.

By the Court: I never locked my room as the girl couldn't get in to clean it. I never saw the prisoner in my room. There were a number of rooms on each side of the passage. I had seen the prisoner, but did not know his name. I didn't think from his appearance that he would go into my room to take anything. Accused declined to cross-examine the witness.

Detective Brennan deposed— He recollected going to Mr. Shappere's, jeweller, on Saturday night. In consequence of what he heard there' he went in search of the prisoner. Found him in Pollenstreet, Grahamstown. At that time showed him the gold pendant, and charged him with stealing it from Thomas Baird at the Anchor Hotel. Pjisoner said he didn't know anything about it—he didn't steal it. He repeated those words several times, and witness took him to Mr. Shappere, who said "that's the person who sold me the pendant." When he was identified he said " I'll tell the truth about it; I did take it." [Repeated that several times and at the station said, " I don't know what possessed me to take it. I must have been mad to do so." He never said that he found it. The first time he said that was this morning. By the Court: It was from the description given by Mr. Shappere that I had a suspicion of the prisoner.

Solomon Shappere, deposed—rThat he was a jeweller, carrying on business in Grahamstown. Recognised the prisoner. He was at witness' place of business on Saturday night last. Produced the pendant (shown in Court) and offered it for sale. Witness said he had it made six months ago and gave £2 for it—either at Cookson's or Ahlgren's—witness didn't remember which. Witness afterwards gave it to Detective Brennan.

Accused put several questions to witness but denied the answers when given. They were immaterial.

This was the case for the prosecution. Prisoner then said he would make a statement and tell the truth. He knew the nature of an oath and would tell the truth. On being informed by the Bench that no oath would be administered, he made a statement to the effect that he found the pendant on the top of the stairs at the Anchor Hotel. He went out and then was sorry that he had not mentioned the finding; so he thought he would get rid of it. He went to Mr. Shappere's for that purpose. He asked how much he would give for the pendant. Mr. Shappere said it was not worth much, as it was all broken, and if he heeted it the stone would be spoilt. He (prisoner) then said, " Gire me what it is worth." Mr. Shappera made no answer. Accused then said, "Is it worth a pound." Mr. Shappere made no answer. He (prisoner) then said, " Is it worth ten shillings?" Mr. Shappere said "yes." And he sold it for ten ihillings. He had no intention of stealing the pendant, but having gone out without telling anyone he had picked it up, he thought he would get rid of it. The Court expressed its sorrow at seeing a young man of such respectable appearance in the degrading position of prisoner, but the charge had been iclearly made out, and it hadnoalternatire but to sentence the prisoner to six months' imprisonment with hard labor. The Court adjourned.