RESIDENT MAGISTRATE'S COURT, LAWRENCE.

Tuapeka Times, Volume V, Issue 234, 25 July 1872, Page 7

RESIDENT MAGISTRATE'S COURT, LAWRENCE.

Monday, July 22, 1872. (Before Vincent Pyke, Esq., R.M., and Dr. Stewart, J.P.) Samuel Aophod, alias Quin Nang, alias Ah See, alias Flash Jimmy, was charged with stealing 21s. from a cash box in the Golden Age] Hotel, Waitahuna, on the 3rd instant. Inspector Thompson prosecuted, and Mr. M'Coy appeared on behalf of the the prisoner. Christian Long, proprietor of the Golden Age Hotel, Waitahuna, stated that about six o'clock on the the evening of the 3rd inst., he placed six half-crowns and five shillings in his cash box, which was in his private room. - There were sixty-one sixpences in the box at; the time, which ho had about a month previous procured in Dunedin. At half-past eight, on examining the box, he -found three half-crowns, three shillings, and twenty-one sixpences had been abstracSed. On the evening in question, prisoner, who had beeii boarding in the hotel off and on for about eight or ten weeks, had his tea by himself at half-past seven o'clock, in the parlour, which adjoined the room where the cash box was The door of that room was open, and there was no other entrance but through the parlour. On the evening of the Monday following, prisoner came to the hotel, an 1 said he had been stuck-up on the Rouni Hill, and robbed of £73. He (witness) advised him to see the constable. Prisoner seemed disinclined to go to the police, and he (Long) went and brought Constable "V onngson down to the house. The constable searched prisoner, and found, among other things eleven sixpences, two of which witness identified as his property. He was positive that thoae sixpences were in the box on the evening of the 3rd instant. Eliza Jane Charlton, barmaid at the Golden Age Hotel, said that ou the evoning of the 3rd July she gave prisoner his tea in the parlour adjoining Mr. Lon/s private, room. After setting-out the tea things, she left him by himself. He remained about half an hour, and then went out. No oue went into the room between half-past seven and half-past eight. The back door was fastened, and it was impossible for anyone to have got into the parlour without passing through the bar. Abo"t half-past eight o'clock she went to the oash box, which was on the dressing.- table in Mr. Long's private room. Constable Youngson stated that on the, evening of Monday, the Bth inst., he took prisoner's statement relative to the alleged

robbery on the Round Hill. Witness told him that his statement was rather doubtful, and before action was taken he would have to search him. Prisoner made no objection. Searched the prisoner in presence of Long, and among a number of other articles and papers found the i,u:-se (produced\ It containe.l eleven sixpences, two of which Long identified by certain marks as part of the money stolen from his till on the 3rd instant. Witness then arrested prisoner on the charge of stealing from Long's till.

Mr. M'Coy addressed the bench for the prisoner, contending that the evidence adduc3d was insufficient to warrant conviction.

The Bench stated that they considered the case proved.

Constable Titchener testified to the prisoner having been convicted in 1868 of stealing a watch.

The Bench sentenced the prisoner to six months' hard labour in Dunedin.

There was a further charge against the same prisoner of obtainiug £25 ss. by false pretences from Joseph Dewes, storekeeper, "Waitahuna, on the 3rd instant, Inspector Thompson said the circumstances of this case did not warrant him in proceeding with it, and he would therefor abandon it.

Sheath v. Miller. • - Claim for £7. Mr. Mouat appeared for plaintiff. £2 7s. had been paid into court, and a set-off of £4 135. put in. Judgment was given for plaintiff for £2 3s. in addition to the amount paid into court, and costs of court.

JTreloar v. Sheath. — Claim for £5 for damages sustained through defendant's sheep trespassing on plaintiff's land. Mr. Copland appeared for plaintiff, and Mr. Mouat for defendant. Mr. Mouat took a preliminary objection that the land alleged to be trespassed upon was not sufficiently describedinthecomplaLit. Mr. Copland replied at some length. The Bench agreed with Mr. Mouat, and adjourned the case till Wednesday next to allow the declaration to be ameuded.

Roberts v. Lancaster. — Claim fot £8 145., for stabling and paddockingahorse. Mr. Copland for plaintiff; Mr. M'Coy for defendant. The sum of £1 16s. was paid into Court. Plaintiff said a horse belonging to defendant was sent to him some three months ago. He had stabled and paddocked it up to the present time, charging for stabling 12s. per week. W. 6. Buchan said he brought the horse to Roberts, in accordance with instructions from Lancaster to have it stabled for 3 weeks. Mr. M'Coy said he had no need to call witnesses, as, according to the evidence given by plaintiffs witnesses, the horse was only to be stabled for three weeks. The Bench said that no defence whatever had been offered to the claim. Mr. M'Coy wished to put defendant in the box, but the Bench declined to receive his evidence, as the case was closed. Judgment was given for L 6 18s. in addition to the amount paid into Court, with costs. Mr. M'Coy asked for leave to appeal. The Bench stated that, there was nothing to appeal up >n. Mr. M'Coy t LO7i inquired if a rehearing would be granted. The Bench said they had no objection to grant a rehearing on the usual conditions.

Sutherland and Poison v. Livingstone. — Claim for £10 for trespass. Mr. Coplandfor plaintiffs; Mr. Mouat for defendant. Mr. Copland asked for an adjournment, as neither of his clients were present. Mr. Mouat applied for costs, as defendant had been put to the trouble of coming from the Hlue Spur. The Bench adjourned the case till next Monday, allowing plaintiff cos' s. On the application of Mr. Copland, who stated that the objection to the description of the laud on which the trespass was committed which had been upheld m ih3 case of Treloar v. Sheath would apply in this case, leave was given to amend the complaint.

All the other cases on the list were adjourned, Mr. Pyke's health not permitting him to continue sitting.