RESIDENT MAGISTRATE'S COURT

Thames Star, Volume VIII, Issue 2823, 2 March 1878, Page 3

RESIDENT MAGISTRATE'S COURT

THIS DAY. (Before W. Fraser, Esq., E.M.) DBUNKENNEBB. One individual charged with this offence was punished in the usual manner. LAKCENY.

James Donnelly was charged with stealing three hens from Punga Flat, the property of Michael Driscoll. Mr Macdonald appeared for the prosecution and Mr Brassey for the defendant. Eliza Driscoll, B\rorn, deposed—My husband's name is Michael Driacoll. We hare a garden at Punga Flat. Donnelly, the defendant^ also has a garden. On Tuesday last I saw Donnelly chasing my fowls in his garden, and I saw bim.some time after going from the garden, with a bag. This was in the morninjr,. My husband was not at home then but when he returned at 7.30 p.m. I made a communication to him and he came down, to the station. Defendant has killed several of my fowls. The fowls produced are mine. Since Christmas I hare lost 20 fowls and 10 geese. jC ;' -.■■ - : - ■ ■ . By "^Mr Brassey: I never abused Mr Donnelly. I never claimed any fowls of Fordham'a. " I have 115 fowls. Donnelly has fowls. I know Annie McDermdtt. , 1,.. nerer spoke to her about the fowls. Miss Foster told me that if Mrs Donnelly caught me that sho - would- pul my liver oat. -X. noror saw DriscolL with a, bag on Wednesday. My husband 1 was twice down at town on Wednesday. I never threatened to do for Donn6lly. and his wife. I do everything at daylight. What Ido after daylight I won't tell you. I hare some dogs, but they are not ferocious. I never take particular notice when the dogs bark. .- These fowls never came out of Donnelly's ground alive. I never said anything to Donnelly. He is beneath my notice. I was about 100 yards, more or less, away from him when Donnelly was chasing the fowls. . _

Michael Driscoll, sworn, deposed—l am % storekeeper, residing at Punga Flat. On: Tuesday my wife made a com- . munication to me, and I came down to the Court for a search* warrant to search Donnelly's house. I came down next morning and ultimately a warrant was issued. On Thursday Constable Day accompanied me to Donnelly's house but Donnelly was not there. We waited till he came home and he got in a great rage and wanted the warrant read. They would not let me inside, Day went in. Donnelly then came to the door ami said " You're too late this time my boy," In course of search the fowls were found tinder the house. Donnelly said " Them are fowls that died in there." Constable Day took the fowls out of a bag. The fowls are worth nine shillings. : I took them over to my wife who identified them, By Mr Brassey—On going home on Tuesday my wife told me of seeing Donnelly chasing the fowls. Donnelly's fence would not keep out cattle or fowls. That bag is not mine, I never had a bag like that. lam not on bad terms with. Donnelly, and never threatened him. I never said " I would clear the flat of such fellows." I never had bad feeling to Donnelly in consequence of him telling-what I did up there. His Worship here asked if defendant was the man who had written the anonymous letters about sly-grog selling—at Panga Flat, and was answered in the affirmative.

Examination continued—We searched a number of places before we found the fowls. Constable Day found the fowls. I never put the fowls there myself. You could not see the fowls without removing the board. My dogs are not ferocioas. Constable Day, sworn, deposed—On Thursday, last I was entrusted with a search warrant, and went up early in the morning. I searched the house, no demur being made, but found nothing. Driscoll and I then searched the yard, and found the two fowls in a bag under the house. They could be seen some distance off. I took Donnelly in charge, and he said he knew nothing about the fowls. By Mr Brassey—The fowls were under the verandah. Mrs Donnelly and the children assisted me to search the house. I cannot swear that Donnelly said, " Has that man come to swear my life away?" John Denver, sworn, deposed—l am a bushman. I recollect Wednesday evening last, I saw Driscoll going towards Donnelly's with a bag under his arm on that evening. This was between seven and eight o'clock. By Mr Macdonald—Donnelly has been suing -me for- debt lately. I am sure ifc was after seven o'clock. lam positive it was Driscoll. Case dismissed. Court-adjourned.