R.M. COURT.

Wairarapa Daily Times, Volume XV, Issue 4399, 21 April 1893, Page 3

R.M. COURT.

;■ MABTERTON.-FEIDAv;. (Before Mr Hutchison, R.M.) Smith v. Lowes. Defendant pleaded guilty to having lousy sheep in his possession, His Worship imposed a fine of one pound and costs. Bnlpit v. Thompson. On the application of Mr Bonny the case was adjourned till July. " . .LARCENY, John Travers wns charged on remand with the larceny of certain oleo graphs, sewing machine, oto., value £ls, tho property of T. A, Tracey, of Wellington. Mr Bunny appeared for the informant and Mr Jackson for accused. T. A.Tracoy, informant, said he was a stevedore and had lived for lome time at Port Melbourne with his wife. Thoy were married fourteen years ago. At 47, Beach street, Port Melbourne, they kept a private boarding house for about four years. In March, 1802, witness left Melbourne and came to Now Zealand, his wife still continuing the boarding house, He corresponded with his wife daring this absence. On receiving informa« tion that things were not going on satisfactorily he returned to Melbourne in October and remained there until January of this year. The accused was living at the restaurant and was employed as a seaman's runner. The accused was engaged by Mrs Traeey and was iD her employ.. With the consent of his wife witness left again for New Zealand in January last, there being no work in Port Melbourne. Ho bad arranged to establish a home in New Zealand and it was arranged that his wife should sell the business as soon as she got a good offer for it. Ho had corresponded with his wifo, but for tbreo weeks previous to the 9th April had had no letters from his wife. The first he knew of his wife and family coming to New Zealand, was by_ a telegram from a cousin in Dunedin, He met tbo Bteamer at Wellington pn Sunday tho 9th inst arid, found his wifo and ' family there with the accused.* H« took tho chiltlreD to tbo cottago wber<

he was living and on roturning to abip foiw d his wife liad gone to a ■ boncding-house, in Williß Street. Wit- ' ilea! took her from this place to iris ootiagu where aheatayed for the night, (they did not cohabit,) On Monday afternoon wuness conferred wit!) his ■ wifo about paying a fine for accused, who was drunk and told her that one ' house would not hold them both if she kept up a connection, with acoused. J She had paid the'fine as accused's tffe, Mrs Tracay packed up hit ] tmngsand.wonUway. On Tuesday Mrs Trace; came book and packed up everything that eho brought from Melbourne with her. The artichs

mentioned ,in the inforraaliou were in : he house at Wellington. The bow- L ng machine, was packed with, ac-l jused'a clutließ when it ctmo from I Melbourne, but they were taken out| n Wellington. On Wednesday iYitness. learned from an exjressiunn- that the goods were :aken in the Te Aro' railway station in tho Tuwlay/H.o had thoughilr3 Eracey had takon another house in Wellington. 'Witness ..ascertained [torn tho stationmaater that the joods were booked to Mi.ntorton and jommunioated with tho police, lie )*me to Masterton and in oompany »iih Constables C.iebion and May

found his wife, and children with accused living together in a house here. He did not huvo any communication with bis wife, but found the articles claimed in the housC whero they were living. The abides were .valued at £ls; but now they wero all more or less destroyed, By Mr Jackson; Tho article which appeared iu the paper was a truo one, as far as he knew.' Went by another! name whoii he ran away from a ship! His real name was Tracey but assura. dfi the name of Baits. Never arranged! with his wife to again take the uafue off Hatts. She assumed it because she iii-M tended to olea r out at the Bluff.but conldi not got a. house. The machine. was! worth £5. Had authorised "Mr« Tracey to carry on the boarding hotiseS

Ehe profits wero being expended by| Mrs Tracey mid Trnvcra. His wifo'sl nuaiu was on tho sign,' .Did not drinki nor yet interfere with the bowlera.J Had turned Travers out for' agoodl raasou.' I His Worship said Air Jackson had J i great deal of lalitudo now, and it was time to stop. These questions had no bearing oti the case at all. Cross-examination continued iWlien bis wife arrived in Wellingtoi be took her to his house. Deniei having gnid " that as she Was runninj all over llie town with a gaol bird abe might clear out with him altogether.' Had nwor said to his wife o| children" Lot Tiwjb keep yon.'l Had smacked his wife's fnco but haul occasion to do it. Had told her tea clear out if she was going to tarry orl with that man, as one roof would noli cover two of thorn. Mrs Trac-yl denied that there was anything bel tween her and the accused, and witness believed her when Bhu said so. To the bench i When he left Melbourne the Becond time he intended to permanently settle in New Zealand and make a home there, and since leaving Melbourne last had never cohabited with his wife. 80-examined by Mr Bunny: Ho wanted to have the custody, of the children. Witness "'went, with the police when they searched tlio house where-.tho goods were found, and where accused and Mrs Tracey were living. D. Dixon, boarding house keeper, in Hall»sircet, stated that accused, who was in company with the woman now in Court, and' her children, stayed at the hottse of witness on Wednesday ovoning, April 12ih. Tho woman asked whether witness could accommodate herself, husband, and thrco ohildren for the night. Afterwards learnt the name, Mrs Tracey. The woman was shown to a room apart from the one the children occupied. The accused oarne in somi three-quarters of an hour ufter the woman had gone to lied and asked which room the "Missus",was in. Witness went up stairs and-pointed out the room. Acousea went into the bedroom, shut the door, and so far as ho knew they occupied tho room all night, Witness saw the accused at the door when the woman asked for accommodation, Mrs Tracey paid for the whole of the accommodation including that of the accused, ConetableOaslrion proved the search of the house in Victoria-street, and to finding tho articles mentionod in the warrant, except the bed sheet, Accused was in the house and they arrested him. ■ The little girl claimed the articles as being given to her by her father, The informant denied having done this. His Worship said that he thought it was only right that ho should state that he con«idered the case had utterly broken on the informant's own evi» dence, In reply to Mr Bunny, His Worship said he would hoar argument on the law of the matter after the luncheon adjournment, The oase possessed some points ot interest from a lawyer's point of view. .The value of the artioles seized was stated by Constable May to be £6, the sewing maohine alone was worth £5. Sergeant McArdle proved to the searching of acoused and to finding on bim a photo of Mrs Tracey. He valued the articles seized by warrant at £O. The case waa then adjourned till two o'clock.