RESIDENT MAGISTRATE'S COURT

Thames Star, Volume VIII, Issue 2902, 4 June 1878, Page 2

RESIDENT MAGISTRATE'S COURT

THIS DAY.

(Before Ytf. Fraser, Esq., R.M.) ■ f ' DBTTNKENNESS. One individual was charged with haying been drunk end disorderly in Pollen street last night. Defendant being on bail and fai!:ig to app^r, his bail was forfeited. LARCENY. Rpbt. Easter was charged with haying stolen 19s 3d, the property of John Noble> on the Ist insfc. ■ . Defendant plead- d not guilty. John Noblej swjorn, deposed—l am a carpenter, residing at Thames. I recollect bring in tie "Warwick Arms Hotel on Saturday evening ?.ast. I; had a £1 note with me. I recognise the defendant. He was in the bar. I have known him by sight for some time. I asked for some i l'quor fCi.' myself arid accused, and paid the £1 note, whi- h I laid on the counter, and the defendant picked it up and gave it to the girl. I was to get 19s 3d change, which Mrs Mcllhone brought, and laid on the counter, and told me to count it. I left it on the counter and saw the._defendant countitafter. I wert to the door, arid when I went back to the counter the change was gone. The defendant had left the bar. There is ro intimacy between the defendant and me, and lie would not be authorised to f eke the money. J*j defendant —There was another man present, and he ook my,attention to the door. You did not say to my knowledge " that's my change." i had no conversation with you. I.put down the £1. By the Bench—l let defendant count the change. I was not quite sober. I was about "half and-half." i Annie Stackpole, sworn, deposed—lam f employed at the Warwick Arms Hotel. I was there on Saturday; night, aid saw the defendant and last witness in the bar. They vrrre standing in front of the bar. I just came in when they asked for a glass of beer and a glass of porter. I served them with it, and defendant handed me a £1 cole, which I took in to get change, which Mrs Mcllhone took into the bar* and asked whose it was. Noble said it belonged to him," and defendant said nothing. Noble counted it and left it on the counter. Noble went outside and Easter picked the money up. I did not. see what lie did with it. Noble retained, Easter still being in the bar. I don't know if they had any conversation. Some time auerdefendant went away.. Noble was siting on a form at tut time. After Easter went away, Mrs Mcllhone asked Noble for some money he owed her, and he found he had lost the c"_:.'nge. By the Bench —I was present when the drinis were asked for. I did not see Noble lay the note oh the coititer.. I had just come into'the bar. By the defendant—l don't know if it was possible for Noble to push. the note p?st you (defendant). I was the only one in the bar besides the Isfo men.

Constable Scott, sworn, deposed—l am stationed ai Shortlaid. In consequence of information given to me, I went to defendant's house. He was lying ii bed wi h his clothes on; Hewai ieworse of liquor, rad I (old him he had bee 1 charged with stealing the money. I told him to empty out his pocket, which he did. He would not let his wife count it, and I went to count it, and hei. .'xrip.de a blow at me and resisted me. His wife said he had said he had no money when she asked him for some. Defendant denied stealing the money, and s id hs had known Noble for a number of years. "Subsequently I counted the money in Eester's pocket, and found 22s in s"'ver. -' ;

His Worship sad the circumstances were suspicious, but he would give the defendant the benefit of the doubt, and dismiss him.

Defendant: Tour Worship, I can get a man to prove where I got the money from. DAMAGING A CONSTABLE'S UNIFOEM. The same defendaat was charged with wilfully and maliciously damaging the clothing of Constable Scott, to the extent of 20s, en the Ist nst. ■; j

Defendant said be was so much taken back when he got: the charge that he didn't know what he had done. He had wrestled with the constable. -

Constable Scott, sworn, deposed—l proceeded to arrest the defendant on a charge of felony, I went into his house and told him to turn out his pockets, which he did, and when I went to count it he made two blows at me, and resisted me viol-ntly. He tore my coat, the value of which is £1. I charged defendant after he took the money out of his pocket. ■ ■■• • Defendant said he had had a tussle with compk.'nant, and had got Ms toe out cf joint. His Worship said that the constable had acted rather informally. He should have charged the defendant first. The same consLable had been proved guilty of assaulting people before. Mr Bullen said that the matter to which His Worship referred had been made the subject of a searching investigation, and he had not the slightest doubt but that the Court had been wilfully.misled. His Worship said he would fine defendant 20s and costs, in addition to the cost of damage to the constable's ur form, or in default, 14 days' imprisonment. Defendant apk?d for , <:■ •• c fo pay ita

fine. He would be able to pay it in a month. He thought he should have some compensation for being shut up for four days.

His Worship granted 14 days fa pay the fine, but said the circumstances of the first case were sufficient to warrant his detention. Court adjourned. \ '