RESIDENT MAGISTRATE'S COURT

Thames Star, Volume XI, Issue 3667, 27 September 1880, Page 2

RESIDENT MAGISTRATE'S COURT

THIS DAY. (Before H. Kenrick, Esq., R.M.) FAILING TO SUPPORT. John Power was charged on the information of J. B. Mason, with refusing to fulfil an order to provide for the support of his wife. Defendant pleaded guilty, and said he had no intention to fulfil the order. His Worship sentenced the man to one month's imprisonment with hard labor in Mount Eden. I.ABCENY. John Sellars was charged with having stolen a £5 bank note from the person of John Mason. Mr Kenny said that he had received from the Registrar of the Supreme Court a notice of a previous conviction, but could not produce as a witness a constable stationed at Waikato to identify the prisoner. J. Mason, sworn, deposed—He was a bushman at Kauaeranga. He rememV

bered the 16tb inst, aud waa staying at McEce's hotel on that night. When he went to bed he had in his purse a£l and a£s note. The £5 note had a piece of white paper pinned on the corner of it. A man named Crawford slept in the same room with him. Accused went up to his room with him, and went away for a short time but came back again just a3 witness was going to bed. He put his trousers with the purse in them under his pillow while accused was in the room. In the morning he found his trousers on the floor, with the £5 note missing from the purse. He had seen the note since in possession of the police. He could not identify the note. By Mr Dodd—The marks on the note produced are the same as those on the note stolen. Crawford did not know what money I had on me. Accused was in the room about a quarter of an hour. I did not invite him to come in. All the parties were sober so far as I know. I cannot swear how many drinks I had during the day. By the Court—l got the note from Capt. Christy. The piece of paper was on it when I received it. I saw the note last at nine o'clock that evening, when I was taking some money from my pocket. I put the note back again into the purse with some other note 9. The purse was in my pocket when I put my trousers under my pillow. I met the accused while walking down the street, and he asked melo goto McKee's, when I met Crawford. I did not go there with the intention of stopping. Accused did not see my purse that evening. I did noj bear anyone come into the room during the night. F. Snowling, sworn, deposed—He acted as engineer on the Vivid on the 17th inst., when towing the whale across. He noticed the accused on board, and had some conversation with him, in 'he course of which accused opened his purse, and he saw a£s nole in it. The note he saw had a piece of white paper pinned on it, on the right hand top corner. Tbe note was not mentioned in the conversation.

By Mr Dodd—l knew accused by sight before this occasion. He did not tell me how much money there was in the purse.

Theodore Wood, deposed—He was a tobacconist in Sbortland, and remembered accused coming into his shop about six o'clock on the 17th inst. He bought two pair of socks, a shirt, and a purse, and tendered a £5 note in payment, which he put into the cash-box. He remembered Constable Stapleton coming to him on the next day. When he came he (witness) took the note out and showed it to him, and afterwards gave it to him. There was no paper pinned to it when he received it. He could not swear that the note he gave to Constable Stapleton was the one he got from accused, but he thought it was. Constable Stapleton deposed —He remembered arresting accused on the 17th inst., ou a charge of stealing a note at the Coach and Horses hotel. He took him to the station and searched him, and found some money on him. Next day he went to Mr Wood's, and received a £5 note, the one produced. Mr Dedd then addressed the Court in defence, contending that the charge had not been proved, as no evidence had been adduced except that of Mr Snowling to show that accused had had that particular note in his possession. Accused then made a statement in which he said a bushman named Power had given,the money to him, and that Mrs Cash had pinned the paper on it to enable him to identify it from some other £1 notes he had in his pocket. His Worship then summed up the evidence, and sentenced the prisoner to three months' imprisonment in Mount Eden, with hard labor.

Court adjourned.