ORCHARD ROBBING.

Wairarapa Daily Times, Volume XI, Issue 3741, 20 February 1891, Page 2

ORCHARD ROBBING.

4 Waning* to Depredators

Two lads, named Thomas and Isaac Mawhinay, were charged' in the R.M, * Court this morning before Mr M. Caselberg, J.P.. with unlawfully stealing peaohes from the orchard otMr Donald Donald on the 14th inst. • •(" -inr,

Mr Beard appeared for the informant and Mr Pownall M tb'eidefehdant. • :■ ~:■.;-!-...i.

Donald Donald.residing at Bolway, stated that he was the owner of an orchard in -which ,he .grewapeaches.. The orchard waV abbu? 800' *fikk-' from his house, It" was bounded on one side by the phiriamen'sgftrdehB 1 , 1 " <7 on a seoond by some standing bush, and on a third by a paddock. Ah Lop, sworn, deposed that he was a gardener on the Manaia, and held property owned by Mr. Donald. On the.Uth insti hejwas in the MfHc> watching, when he heard three" boys jump over the lence into Don* aid's orchard. Theytfenti up ~ .t0,,;; one tree and picked two handfuls of peaohes and went to another and picked'some more. They put the;,.! peaches into? their pockets, wxtnort* called out to them not to 1 piotf any more, and they,'started, running. They jumped over I the / p.e^ l on'*garden fence into the apple ordhard and ran up to the bridge. They then met Mrs • Donald. He only knew two of the boys, • .The'two in the: box i *rerfi}ith«vM boys. By Mr Pownall! He went into the bush,because he had lost.ftuit, r himself. He let the'boys pi6k" the fruit before he came. w pinV >(r ..pf the bush* He was only twenty yards 4 away at the time. The peach ( '' orchard was fenced all round. Mrs Donald, sworn, stated that she heard Ah Lop crying out on the afternoon of the 14th inst., and afterwards heard the boys. She was in. the apple orchard "at the time. Seeing the boys she called out, "What'sVcihe 'matter plied, "The Chinaman's after us." She asked them what "iforv'and replied they did not know. Tola ' them they field < been stealingipeach&s, odd they then ran into the bush. She hid lost ■ 80'wf •-••of fruit this year. ! ;By Mr Pownall: oft the two b0y5,.,wh0,.-were the aroused. • • -* • This was the'case, Mr Pownall submitted that his Worship liad jio 'jtirißdiclaoa 'undo* the Act. The case was one of larceny, and it required two justices of the peace. ;His.Vv;orflhip;. < I,might state, Mjp Ppwhall, I ain 'quite'unbiassed in'thVmatter.., I have no peaohes and I have : I ho fear l! of' ; l6sttg| r themY (Laughter.) Mr PowndK': lam'iiidt ; afraid"W : <* that, jour \Worsb.ip. : . LA «,. ~T ~4 r , •* > For the defence Mr Pownall coir-' ' tended .that the case wasnot a serious v one. The boys had been going through the bush and had ' ally come across the orchard. He would ask for a nominal penalty. Isaac Mawhinay, one of the accused, stated that he was at Mr Donald's orchard on the day in question. He was goina up to sea Judd's fire.and had accidentally oomo across the orchard.. JHe had not. taken any peaoheßjsietther had hd*r eaten any. He did not see Butcher pick, any fruit* v . , 7r t Bufoher stated j ih'aXW f > was with Mawhinay on Saturday When 1 they were going to Judd's s' fire they , came across the peach orchard. They were passing through A the orchard when, the Chinaman ~ came out and chased them. * Heliad' taken no fruit, and had: none .when-, ■', Mrs Donald saw him.

By been through the orchard, 'fie would not have gone this time if Peter Vowles had not asked him. He would swear-he had not taken any peaches. Ho had been in other orchards and had taken'frdfe They > had not time to piok the ja&ohes on this occasion; the coming upon them too soon.. The Benon 1 said'tiris was not a very intrioate case, but. these, small cases of ' larceny led' to' something larger. It was .quite convinced in its own mind that' the accused bad been in the orchard wit;h the intention of stealing," 'lt'wasalso inclined to believe the Chinaman that the fruit had been.taken. If it. Jiad not been taken, why did the accused run away ? It was not its intention r"*J inflict a heavy penalty, but it wished this case to be a caution to others. The accused would be kept in custody for an hour, and would be ordered to pay the coats of the prosecution.