R.M. COURT.

Wairarapa Daily Times, Volume 4, Issue 1077, 18 May 1882, Page 2

R.M. COURT.

MASTERTON-THIS DAY, ; 1' V;V T'■/ ■ Before H. S. Wardem/Esq ;R.M. ■ LARCENY.

Jamks Borrett and William Deaton were charged with stealing four £5 notes from John Till on the 16th inst, Mr Beard for the accused .pleaded not gniHy— John Till, called, deposed as follows: I am a laborer residing at Masterton.' I have seen the prisoners two or. three times. On Monday I,lost four notes and. my pocket book/ The .pocket book produced is the 01101 lost.' I have not

the numbers of 'the notes which I lost, uid cannot identify them, ; It was late in the evening when I missed the' book ; about niy.o'cloek.itkw the 'pfiaonera that evening Club 'Hotel,'' j i had no conversation with" theaij/ rior fto iny knowledge did anyone me',} X.liad my pocket book out, bull cannot swear that the prisoners saw the; no ted, i n it. • To Mr Beard; I got ttio : nbtea from Sir Oaselberg. lam positive that I got ihreo five pound' notes from him. The cheque I cliaijged ra toi-M, : Thaiiiurth.'five. ppvnitl I j;qt ;irom ; Mr Elltihs, 1 ' 1 I had fifteen or sixteen one pound notes besides tied up'in; my pocket. When I took ray pocket book out I was in (lie; bar of; the' Club- /Hotel.' 'The prisoner was not; drinking.with me. To the Couit : Some' one picked a* quarrel with mo and Wanted to fight me fur , •.aridihe'ppilcqtbookcamo out then. To! i :Mr Beai'dj Ihad'a'(;lasß «'two of beer, I' .[was i tiio worse' for drink. I slept that Uijjhtat t&'q Prince of Wales Hotel. The prisote wpre:n|)t'ivith me at that Hotel. The picked up next morn- ! n i?!^; The j)<iipneft mo to my'knoir* Sergeatlt Prioe i Mr Oaselberg gave me a'cheque for Jl2 as part of my change, which I cashed with Mr' Elkitis,' receiving a live pouml nolo which I put with the others in my pookot book. To' the Court; 'When I missed the pocket! book I went, back to the Club Hotel to I search for it. The next morning I ipformed the police of my loss, Richard Eyenden deposed : I am a carpenter reeidirifj'in Mastertou, •I saw the prisoner on Tuesday morning, last at seven in the, Prince' of "Wales' Hotel. Burrett came in first, and Deaton, ful lowed shortly afterwards. Deaton, when he came in t said to Burrett, " Matp, I have picked up; some of~ your notes.''Burrett replied, " Good on: your section mate, there will be one or two more to spend to day." Deaton handed one or two jutes then to Pjirratt," Burrett aaid, You had bettor suc|{ to, thaVone,!' The pote produced .yas 'Very' wet!' J. said, ' Tlm( looks yery much like a five pound note,'? which jt jjifoved to dark gteipi note. '1 walked out thin. ''' To Mr Beard': jjuvyetf was'ip the hotgl I went'there,' The hote l saw was not ifliulfly.' jiurVett djd not pia|;g any remark about losjng money before Deaton came in, • ' ,' v ''.' ' George Simpson-called said T.am'a sailor residing in Masterton. I know the prisoner Deaton. but not Burrelt. 1 On Tuesday evening I saw' Deatou opposite thf Brincp gf TOes Hotel struggling with Till (lie pißseoutor, I taard D§afon say whdn : ho Was 'down'imder -Till, ;f fret mo jip and ! I will give'you your— — money."' TJio'polico 'then o'limp 'up and arreßtfld tho'ipijn, 11 ,_ Toilf.jjoaptl';j! p|,thflrp from ftp time Deaton ya& Jinockcd aojvii till (lie police cafn'e )ip. 'Tiljsaia jie'ljad losfhis .mopy "nj]d 't|)at 'Djjatofj "wfj's thg pian who jjud if, p.- P. Worth deposed j J .am tho propviiitor of t|)G Hoyal Hotel, I Iraow tile prisoner Burrott. I have soon a man like Dealon in my house hut cannot swoar to him: Two five pound notes were changed :|t |!)}' house that day, hut I can only tell from heanjajr wljq'pb jmggdfhetpl' ■'i'iloiuafi >sragi>i!is, depo;sedlj}at on i'uosdtfy nbcJhi li.iii,, liiS little daughter b'rougfit'lo liim the'pocket ljook produced. He took It 'to the trinee of Wales Hole! and gave, ij; to the "barmaid. . PotietabloLaaliy deposed] Jiat he arrested botlr'jjnsonep on Tupsday- lapt, He found on jjeafori a eheqtje 'to M four single nofes,' and' gomfe siiyer,' The cheqpe jt'Tek in favor of Buiptt. pn Burveit he; found'ji five pflund potp $Qd sopip sjiv.ei. l / §ipcp' yesterday Peaton ipadp a gtatpipppt fo wjtness fit the station. ■ Mr Beard objected-tjjnt the statement could not be tajfen in pvidenoo' 08 the prisoner had not been cautioned, . The Court considered that if the state ment were a voluntary, one it could bo admitted. Witness, continued, stated that ho mad/}' jnouiries at Taratahi and ascM'-' that tjio prisoners liadlieeii'fillihg Mis]i 'ff>r:'liim.' |: tie gave them an o'rflei; on Mr 1 ]?, if'cist aud they got from' the' latter, goods ,to the amount of 12125, lift 8s in cash> and .a cfiequp Ifjt £J. ifie prisoner Deaton told' 'tho ,|}'o had Ino right to be charged wjth' pealing: the money as lie fijurid'it in tiie "street near Mr Mcp/ufji/g .dopy,... Jle.'sajd |;he three five-po!jij4 PP.tpa y/pre a (Jisjanpe apart about a yard pr two. ' Witiipsg to}d the theprigof)erthat if he'fqnp'd%.nipuey ill the gtreptjie did pot stpjil it] To M|> Beftfd,—i)gfttop did jiof conceal the fact tllftt he picked up the monpy. / John Till recalled, said he could swefir that Deaton was at the Club jtotel on Monday night about nine o'clock. He saw Burrett also there,

"Mi's Worth, called, deposed that she had see?)' ll>e psoncra fo her house on Tuesday last, jfrrrpfjii ihapged 1 two Ave pound notes' Slip identified on,a of the notep produced by a mark on it. Tiiey did not spend money vory. freely- after,the notes were changed. ' ■ : •".

To Mr Beorcl: She . was quite. .'sura'.of the identity of the prisoner. Slio had ho othp five pound notes in the house at the time. Peyton gas only present when the first note jvpc^angpa,-'. V Mrs Wagg state;l that' she Baw both prisoners at her hotel on Tuesday ihorning, and on the previous .evening Burrett came to the hotel. ' Denton changed a five pound pot? at Jier house, To Mr jßjeffd : Wag i)ot'in the-bar-when Burrett cai»e int«) tho hotel,' iraa. there when Deaton came in. Beaton had a damp five pound note ip hishand.which. he h? pickedup in the road. (Phis jolo9ed the case for the prosecution, and Mr Beard submitted tjjfit a prima facie caso had not bepi} made out, that no criminal intention .had been disclosed," and that Till's remedy for thb' recovfiry'of his money was a civil notion.'."' ;_'

The Court concurred with Mr Beard! There was no evidence identifying the money-in the possession of the prisoner with the notes lost by Till. v ' Tho acouied bad 'pJiftitted' that the'money bad -been' picked up. Ap |j. tjje nuestfoh' whether money so-pioked up and appropriated constitute a larceny, it ruled that it 'aid not, as there must, ba a felonious intent at the time of finding. ft was; satisfiedthat the money was found and not stolen and wfiuld dismiss the information. ■ -He informed the accused that noWhey kney the owner of the money it jvas their duty to restore it as soon as possible.,.-; <

INDECENT LANGUAOE.. - , Patrick v W.-Deaton breaoh of vagrant act by using^indecentlanguage. Constable Leahy deposed that jon Tuesday evening last he arrested prisoner, when the latter in. the street addressed him in abusive-and indecent terms, i

The accused complained that he was

walking along the street when lie vfßa seized by the baok of the necki Hp hud ' been drinking all day long, and that accounted for it.. ■ , , .1 Joseph Slice corroborated the evidence of the Constable.. The Court said it could not excuse ; such language and would inflict a fine d forty shilling or fourteen dayf' imprisonineht. • ; ROW/kOOTBT W. -Melton,'??ierce ; Fleming—Assault. - The acoused pleaded guilty But Bald he had been provoked to do the act. % Melton said; I charge bim with knocking me down with this here stick (producing a round stake about five feet long). Last Monday morning at seven o'clock I was going down to Maß.terton Station and I put a few tools on the ; trolly. Fleming came out and asked mev iflJwAnteidlait'ibS meh/iq go .down ®Jy i - was. plenty, tJ went dowy|iraIciinie.baclc again andj then we loaaed the tools;on- the trolly and Fleming Mid to m? ''why did net yott tell me what to do when you .went away," and I said it was not eight o'clock and there was no necessity. We got up on the trolly to go down the line 4h(the tip:wilfi .'/tbia here stick und knobked'me dbwiion.the ball- ■' akt.' If it had riot been 1 for: cooking ; my arm up I should have had'it'over my head. The blowhurt my ann'fio that I could not go to wbrk'fdr ivto' diys. P. Fleming: I was' left'like a fool when Melton went;'away, 1 "BiiMißJjWnid to him, and he said'that ,1 hadii't'the man I •had before todeal.witli! ill had/Meltori to . deal with. satisfied I could'have'gotT transferred to another job.: ; here and thrownout'6f wbrfc-iT'/JIV/' The Court : I must order ybti to pay a fine of £2 arid posts or 14 ditysVinipriaonment. : :r.'{'!/. ' W, Melton:! I wish the' liniw bound over; it is not safe to''walk' tip the line. He has threatened 1 that! lie.Would open me,.;.'■!!"/) 'njY.Vlf- *' William Motrißbii,'a'laboi'er/on the Upper Plain, deposed to heating Fleming, after the asiault; do the same ajjain j he would'split Melton's head open, ,uv:j/!7/ P. Fleming Kits' ! a ; prejudiced affair, I'm not liked bri the work/dud it's done to get roe off it f H WiT'll . W, iVieUou i\vol'fl that Ke Was in bodily fear of Fleming,' ".'vntlV/' , The Court ordered Fleiriinij'to enter to a bond of £2O bimself arid of £lO each to keep the peace',for three months;' -----

, Crombie v'Bo'wry & Sihe.y-]|j:operty Tax £l7a 6d,' No appearanCe'of defendants. The plaintiff proved tbe~;'olaira of 5b lor tax and 2s and 6d for interest and jjidgrMnt w pa ; gi ven forani out nt, cost