R.M COURT.

Wairarapa Daily Times, Volume XI, Issue 3705, 8 January 1891, Page 2

R.M COURT.

MASTERTON-WEDNESDAY. (Before Colonel Boberts, R.M.) LARCENY OF A WATCH AND CHAIN. George O'Brien was charged witli the larceny of a watch and hain from John Savage, on the evening of December 31st. Mr Pownall appeared for the accused. Sergeant Price briefly stated the case. .:.., ',* John Savage, laborer, sworn, d«p j posed that he knew the accused. Was at the Clnb Hotel on the afternoon of December 81st, and was drinking. Became the worse for liquor, and lay down in tbe billiard room, About half-past teu or eleven o'clock lie awoke. When he lay down he had upon him a silver watch and chain, which he valned at £7, and when he awoke they wore gone. Had given no person authority to take the watch and chain.

By Mr Pownall: Had known the! accused foe about two years. There were generally a good few people about the billiard room. He was asleep for two or three hours, but did not think anybody would be capable of taking his watch. If it had not been that he was abused subsequently by the. accused he would have said nothing about the affair. ■ . . William Welsh, billiaid marker at ilid Club Hotel, deposed that he aa« sisted in the bar on the evening of December 81st, and saw Savage, who was lying down in the billiard room.' About seven o'clock he woks him up. Saw the accused in the hotel that evening. He was in the public bar and the billiard room. Did not see him do anything to the last witness, About six o'clock witness went to tea, and on returning he met the accused in the back yard. Shortly afterward! he met AJiuhael Eocke, who, from the conversation they had, went after, the accused. Afterwards went into the billiard room and found Savage still lying there. Woke him up and spoke to him.

By Mr Pownall: Gave Savage back the watch the same night To Sergeant Price : The watch, war in the bar when he went in, but; he could not say who put it there. Savage and Michael Kocke came to the bar and claimed the watch.

Constable May gave evidence as to the arrest of the accused.

Mr Pownall, for the defence, sub-': mitted that the watch had been taken by the accused from Savage, who was,. drunk, for safe keeping, and was afterwards returned to the barman. There was no felonious intent in what was done although the accused had no right to touch the person of the prosecutor. The accused was sworn, and stated, that he took the watch and chain from Savntje for safe keeping, and afterwards, on the advice of Rocks, gave the watch up to the barman. The Bench at this stage cautioned the prisoner and discharged him.