RESIDENT MAGISTRATE'S COURT

Thames Star, Volume XII, Issue 3804, 8 March 1881, Page 2

RESIDENT MAGISTRATE'S COURT

THIS DAY,

(Before Harry Kenrick, Esq., E.M.)

A Frivolous Charge.

Isabella Moore was charged with the larceny of a variety of articles, the property of the iuformer, Andrew Moore. Mr Cuff appeared for the prisoner. Sergeant Murphy deposed to finding the articles in Mr Conroy's house, where accused lived. To Mr Cuff—l did not see Miss Moore at Conroy's. There was no attempt at concealment. The accused claimed the ' articles as her own. The parties are uncle and niece. The accused is an \ orphan. We had a warrant for her arrest but she came to the police station of her own accord. Sergeant Major O'Grady said he wished to withdraw from the ease, as he did not tbiak the circumstances justified going on with it. Andrew Moore said he went to Conroy's house to search the house. He identified the property as being his, all but the brush. The accused was his niece. She took tbe property from his house. The accused had no claim to the property. To Mr Cuff—l am a carpenter. My niece lived with mi?. She had been in service at O'Halloran's. She is not. living with me now. I was about five days away at Te Aroha. Ido not know; why my niece left! I believe the girl left because she was averse to marrying a young man who was giving her money. I was not pressing tier to marry the young man. .Both, her parents are dead. The marriage was riot being forced upon her. We have always been very friendly. She was a good girl, and he had heard nothing against ber character. Mr Cuff—And yet you had your daughter arrested ? . Complainant, continuing, said Mr McSweeney and myself were not making arrangements for sealing the fate of my niece. My niece slept in the room where the looking-glass was. I took no steps at all to bring my niece back. I decided to take steps against the girl yesterday morning. My motive was to get the goods back. Mr Conroy is a married man. I did not call with McSweeney at Conroy's on Sunday. I called there by myself. My niece told me that the reason she left was because she did not want to laarry McSweeney. I laid an information against her. Mr Cuffi Do you swear before God, that your niece stole the goods ? Complainant: The goods were in her charge and she was responsible for them. Mr Cuff: Answer my question, do you swear that you thought the girl stole the goods. Yes, or No ? Complainant: Ido not know whether I am bound to answer that question. The Court: Yes, you are. Complainant: Ido swear that.l thought my niece stole the articles. Mr Cufi": I warn you to be careful, as after proceedings will be taken if necessary. ' .• . ' t -

Complainant continuing: I cannot positively say whether I pressed for a warrant. I was not told the ordinary coarse was to take out a summons. I wanted to get ttie goods back and get the zrA home. — ■

j Mr Cud:': And so you Lad her arrested.----j Do you know that you cast a slur.onyoar j nifite s chvactsr and that you place heria cfauper o: being sent to prison ? ' Complainant: I wanted to get her back again. Mr Caff: Do you swear that it was not an arrangement between you acd McSweeney to have her arrested, ia order to force her into the marriage ? Complainant': I do swear it. The album I claim as my property; Me* Sweeney gave it to my niece once, but she refused it, and he subsequently gave it to me. lam quite sure the photographs are my property. J swear I never gave her the photos before she went to Te Aroha. The glass had been in the house for thirty years. There was no will afc my mother's death ; I came into all the property. I do no: claim the brush as my property. My mother gave me everything at her death. It was a mutual understanding between my mother and myself. My niece never claimed the glass as her property. I promised to give her the gtess if she was a good girl, A young man made me a present of a pair of scissors. He never gave them to my niece. The young man did not bring the looking glass. I bought it at Cox's. I made the girl believe the glass was hers. At this stage of the proceedings the Resident Magistrate interfered, saying that he was surprised to see a man of Mr Mcyre's intelligence should have brought his own niece up on such a frivolous charge. There was not the slightest suspicion the girl stole the articles. The complainant by arresting his niece had cast a slur on her character which it would probably take some time to obliterate. Complainant: I did not know the right way, sir! The llesident Magistrate: That will do. The case is dismissed. Mr Cuff: I think this is a case ia which I am entitled to costs? The 8.M.: Certainly, Mr Cuff, complainant will have to pay costs, and I shall allow two guineas professional fee. The goods will be handed back to the girl. Mr Cuff: It is understood your « Worship, that the girl leaves the Cour'^B without a stain on her character. The R.M. : Yes, I have already said that there was not the slightest suspicion against her. . , . Court adjourned.