POLICE COURT.—THIS DAY.

Thames Star, Volume XIV, Issue 4639, 16 November 1883, Page 2

POLICE COURT.—THIS DAY.

(Before E. F. Tizard and L. Ehrenfried, Eeqs,, J.P.'a.) LABCENY.

Bridget Donnelly and Sarah Jane Burns were charged with stealing boots, the property of P. Kelly. Mr Miller, who appeared for the defence, pleaded not guilty for both the accused, and applied that both cases be heard together.

The police concurred. Constable Dunn, sworn, stated that on the night of the 14th inst., about half past nine o'clock, Kelly reported that some boots had been stolen from his shop. From enquiries made went to Burns' house, Waiotahi, and saw Mrs Burns; told her of a suspicion existing that she had taken the boots. She said the police could search the house; that she had only bought one pair from Kelly, and went to produce them. She showed one old one, and in doing so inadvertantly, apparently, produced a new boot; searced and found another new one. She then said she had the boots in the house over twelve months, but did not remember where she bought them; denied having been in Kelly's house that night; she said they had been at Kelly's house, Mrs Donnelly had gone in, but she remained outside; she subsequently admitted going in with Mrs Donnelly, and afte wards said that Kelly had made her a present of the boots. Went to Mrs Donnelly's house, and was admitted -. told Mrs D. what his mission was. She denied haying been in Kelly's shop on the night in question; she afterwards admitted having been there with Mrs Burns; she did not go inside, but said Mrs B. did, and Kelly was there all the time; she denied having any new boots in the house; the two Constables then concealed themselves near the premises, it was moonlight. Saw a woman and girl go to Donnelly's house. Shortly afterwards saw Donnelly's door open, and a woman: came put; subsequently Constable Herbert joined witness and, showed him a pair of boots (produced), which he said he got from Mrs Donnelly, „Mr Donnelly came out, and toid his wife that he had always told her to keep out of bad company, and if she had any boots in the house to give them up. Mrs .Donnelly first said Kelly had given them to her, and afterwards that she had bought them. They then arrested Mrs Donnelly. Kelly subsequently identified the boots in the pre sence of Mrs Donnelly, and said he had neither sold the boots nor given them away. Afterwards arrested Mrs Burns. Constable Herbert corroborated the evidence of the last witness, and added that after being -concealed he left the last witness, and got up on a feDce. He saw Mrs Donnelly in her own bedroom; she took a parcel from under a chest of drawers, blew out the light, and came out of the house; he followed her as she' ran down a passage towards a fowl-house and threw the parcel down, he picked up the parcel and on opening it saw that it contained boots, he said " now I've caught you," she replied " for God's sake don't say anything about it," and asked him to look over the offence, she said that the pair of boots she had thrown down were the only ones she took., Donnelly came out of the house/rather excited and annoyed, and asked the police to search the house, but they found nothing more.

P. Kelly deposed thai; this week he missed fire or six pairs of boots, and re» ported the matter to the police. Was looked up on Wednesday, and remained in

the lock-up till this morning. Sold no boots to Mrs Donnelly or Mrs Burns on Tuesday evening. Identified the boots produced as having been made by him. Did not sell the boots or give them to any person. Saw the boots in his house on Saturday last, and was locked up for trying drunk on Sunday. He had made a -pair of boots to the order of Mrs Burns ; they were among the boots stolen.

Cross-examined by Mr Miller—Had been on the spree.frpm.Saturday.la.stun.tiL Wednesday. Did not remember where she was, on Tuesday evening. X Did not remember whether Mrs Burns #as in the shop on Monday evening. Didn't recollect distinctly anything . that, took place on Monday, Tuesday, or Wednes-. day. The boot produced is one of a pair he made for Mrs Burns. Did not recollect Mrs Burns going on Monday, getting the boots, and'paying 10s for them; but it was possible that she might hare done it, and it is also possible that the other, boots were bought and paid for,, but it was very unlikely—he did not think so. Did no. t remember being'; atTjMrj Burns' house on Tuesday, but had a recollection of speaking,to her,on Tuesday.; did not think that he had taken out any boots on Monday or Tuesday, nor could he say that he did notjfcake his tea at Burns' on Tuesday. Would not swear positively that he did not sell the boots produced on Monday or Tuesday. A boy named Steer swore that he had seen Mrs Donnelly and Mrs Barns near Kelly's house; Mrs Burns was in the shop with a candle, shies took- ajplair \ of boots out of the window. Mrs Donnelly went into the shop and sat in the sitting room. Mrs Burns shut the door, and told witness to go away. They both came out afterwards, and Mrs Burns was carrying a kit with something bulky in it; they went to Barty's Hotel, came back, and went 4 towards their homes. Another boy named Clarken gave similar evidence. •• '

Mr Miller submitted that there was no case to answer, there was no evidence that any boots were stolen, as Kelly did not recollect anything that occurred on Monday, Tuesday, or Wednesday, and there, was no evidence that the defendants took the boot 9, the only thing shown was that the boots produced were found in the possession of the defendants, but it was not proved that they had been stolen. The Bench considered that some explanation should be given by the accused as to how they became possessed of the boots. Mrs Sarah Jane Burns, sworn, stated that she had purchased a pair of boots (produced) from Kelly's on Monday last, and paid 10s for them; he was not sober. The boots taken by the constable were brought to her house by Kelly, who wanted a few shillings; he left the boots with witness. Kelly went to witness' house on Tuesday morning, and said he was making a pair of boots for Burns, and got 3s on the strength of them. Went down to Kelly's shop with him on the evening of the 14th, when she was seen by the boys. Kelly left Mrs Donnelly add witness in the shop, and when they" west'away they took no boots. Kelly brought the boots produced (those alleged to have been stolen) to her house on the night in question—about 10 o'clock. Alexander Burns swore that Kelly was at his house on Monday, and said he had a pair of boots in his shop which 'would fit witness, they were too small and he took them back next morning.

The Bench said the evidence of Kelly was of a very unsatisfactory nature, and the evidence for the defence was sufficient to justify a dismissal of the case. •4 J> :