RESIDENT MAGISTRATE'S COURT

Thames Star, Volume VIII, Issue 2812, 18 February 1878, Page 2

RESIDENT MAGISTRATE'S COURT

THIS DAY.

(Before W. Fraser, Esq., R.M.) J3BEACH OF THE LICENSING ACT.

Mary Anne Sawyer was charged that she being the licensee of the Governor Ferguson Hotel, Tararu road, did unlawfully neglect to keep the light burning over the principal door of the said hotel from sunset on the 13th inst. to sunrise on 14th inst.

Defendant pleaded guilty. She said that it was not through neglect that the light wna not in as she lit it herself. Fined Is and costs.

ALLEGED LARCENY.

Thomas Mclnany and Robert Easter were charged with stealing a number of fowls of the value of 28s, the property of one Robert Brown.

Mr Macdonald appeared for defendants, who pleaded not guilty. Robert Brown, sworn, deposed—l re aide in Baillie street, Shortland, and keep fowls. On Thursday last I had 17. There were two Brahrnas and a number of half breeds and common fowls. I know the defendants. They have been working in a paddock close to my fowlhouse. The Hape Creek .divides where they were working from my fowl-house. On Friday evening I discovered that a slab had been renched off the hen-house near the paddock. I went into the fowlhouse and found a hen lying dead with its neck stretched. I then made farther examination and missed seven fowls. I found footmarks iv the vicinity of the fowl-house, which went across the creek. I gave information to the police, and ac* coinpanied Detective Brennan and Constable Day to the house occupied by Mclnany, and the police dug and found the entrails of two or three fowls, and also found a number of feathers, which-1 recognise as being like the feathers of the fowls taken from me. Some of the wing feathers were cut. The entrails and feathers appeared to be fresh. I heard a conversation between the police and Molnany, and heard Mclnany say that he had got the present of two fowls from a person, but would not tell the name. I then accompanied the police to Easter's house in Bolleston street, and found feathers in' a kit, some of them being orange-colored neck feathers, something like those oh oho of my hens: Easter said that he had had fowls last week. The police then got Easter to accompany them to my place, and Easter's footmarks corresponded with those near the hen-house.

By Mr Macdonald—l did not hear what passed between Brennan and either of the defendants at first.

Detective Brennan, sworn, deposed—l recollect accompanying the last witness and Constable Day to the house of defendant, Mclnany. I told him what I had come for. I went to the back premises, and found in a hole some entrails and two gizzards, also in another part of the garden there were a large number of feathers, which Mr Brown, in the presence of Mclnany, identified as haying belonged to his fowls. Mclnany said that he had got the present of two fowls. We then went to Easter's and found a quantity of feathers, and the bones and legs of fowls which bad evidently been recently cooked. Easter said that he cooked a fowl the Sunday previous. I then got Easter to accompany me down to Brown's, whore Brown had seen the footmark, and made Easter make an impression with his foot on the toil. The two footmarks were the same. Easter denied that the footmarks were his.

By Mr Macdonald—l did not say to Mclnany when I spoke to him, that Bob. Easter had said that he (Mclnany) bad stolen Brown's fowls. There was no peculiarity about the footmarks. Constable deary, sworn, deposed— On the morning of the 15th, at about one o'clock, I saw the two defendants go down Pollen street towards Grey street, and then up Grey street and Mackay street. I did not see where they went. I went back and down Willoughby street till I came to the Wil* loughby Hotel, near Mr Brown's residence. I heard a dog bark viciously, but nothing else. By Mr Macdonald—l first saw the defendants in Pollen street. They stopped for a minute in front of the Shortland Hotel. ;

This concluded the case.

Mr Macdonald then addressed the Court, pointing out that the case waa entirely based on circumstantial evidence, and, of course, the police had made the most of each little suspicious circumstance.

His Worship said that taking the whole of the evidence into consideration, he had no doubt but that the defendants were guilty. They would each be sentenced to three months' imprisonment with hard labor.

Court adjourned.