RESIDENT MAGISTRATES COURT

Thames Star, Volume XII, Issue 3999, 22 October 1881, Page 2

RESIDENT MAGISTRATES COURT

THIS DAY. (Before H. Kenrick, Esq., E.M.) VAGBANCY. George Walton was charge with being illegally on- tha premises of. J. Neal, of .Owen street.. \ '"s'■ ..... \ Sergt.-Major O'Gtady stated the facts of the case. : . -_ '. J. Neal, butcher, deposed that he I missed a box (value about £5) on yesterday morning. He afterwards found the box in the bouse used as a storeroom for horse feed. He did not see the prisoner on his premises, but his serrant told him he was in a cupboard in a room off the side of the shop, 'but when he went in, prisoner had disappeared. It was from this room the box was missed. The shop was shut up when the girl saw the accused in the cupboard; it was about 6.30 in the morning. There was no access to the cupboard, except through the room. Did not know the accused. Ann Spalding, servent of last witness, sworn, deposed she knew the side room referred to. The cash box was in this room, on a table; it had a good deal of money in it. She went into this room about six o'clock, and saw the prisoner lying in the cupboard. Was positive the accused was the person she Saw in the cupboard. Missed the cash box about 9 a.m. When she saw the man she was frightened, but about 10 minutes afterwards went to toll Mr Neal, but found that he had gone but. . Saw the prisoner standing under a verandah close to tbe shop about 930; went and told Mr Neal, and pointed him out to Mr Neal. Detective Iforrell deposed that he arrested the prisoner yesterday at Mr Kelly's shop; he was in bed. Mr Neal, re-called, deposed that when the prisoner was pointed out to him he asked him how he got into that robin, and he denied being there at all. Prisoner ~ denied the. charge, and said that he slept at Mr P. Kelly's that night, and did not leave the house till after 7 in the morning. : Patrick Kelly, sworn, deposed—Did not known . the prisoner by name; a gentleman, Patrick Hennessy, sent him to his place to sleep there about 8 o'clock on Thursday night. Got up yesterday at at 5 o'clock and went out; left prisoner in bed. Came back about 6.30, and found accused in bed then. Patrick Hennessy deposed that he sent accused to Kelly's on Wednesday morning. Knew Kelly's house; there was only one single bunk in it. Prisoner said he was a cabinet-makor, and had been working at Dann's in Shortland since he came to the Thames, three days ago. His Worship said it was evident from the evidence adduced that.the prisoner was guilty of being illegally on the premises, but as he had to deal with the second charge, nothing would be said about it. fie would be sent to Mount Eden gaol for three months with bard labor. ASSAULT.. Richard Hancock was charged with unlawfully assaulting Clara Harvey, a female under the age of 14 years, on the 20th October. Mr Brassey appeared for the accused, who pleaded not guilty. Constable Herbert deposed—He arrested the prisoner yesterday while he was at work in the Moanatairi mine. He repeated to him the statement made to witness by the girl, Clara Harvey, which statement accused denied. There were three rooms in the house of accused, which was about 60 yards from- Harvey's bouse. ■ - ■ . , i By Mr Brassey—He arrested prisoner without a warrant j in doing co he acted on hit own responsibility. Accused.

seemed astonished when the charge wai explained to him. The girl did not come to him, he heard the complaint as he was coming on duty. Clara Harvey deposed that she was 10 years of age. She knew the prisoner, who lived at the foot of the passage, on the Beach Boad. Knew Kate_ Xnellar, who lived next door; was playing with her on Thursday. They went into prisoner's house ; he was sitting on the sofa eating his dinner. Stayed in the house about five minutes. Kate Kocllar went out first; prisoner sent her into her own place for his pipe. Sbe was going out too, when prisoner lifted her off the 1 ground, and carried her to the bedroom door. [Witness then described what I accused did, the particulars of whichwere unfit for publication.] Mr Brassey cross-examined the witness, but she was very clear in her 1 statement, and the evidence adduced was of a corroborative character. Kate Knellar was then examined, and corroborated last witness's statement. She returned about five minates after Hancock sent her for his pipe. Prisoner s was then in bed, and Clara Harvey was standing in the doorway. Hancock came to her place on Thursday night. After some further evidence, HirWor- - I ship adjourued the case to Monday nejet,' JJHloner being admitted to bail in the inn on his own recognisences. „;