ALLEGED LARCENY.

Wairarapa Daily Times, Volume XVI, Issue 5083, 22 July 1895, Page 3

ALLEGED LARCENY.

A MAORI IN TROUBLE.

At the S.M. Court, Masterton, this morning, before Messrs Geo. Heron and W. H, Hosking, J.P.'s, Kamitiana Potitau, was charged with the larceny of two pairs of boots, valued at 18s 9d, froui tho shop of Mrs Cecilia Walker, Queen-street, on Saturday last. Mr R. K, Jackson, who appeared for the accused, entered a plea of not guilty, and asked that the matter bo dealt with summarily. Sergeaut McArdle prosecuted, and Mr fillers acted as Interpreter. Sergeant McArdle said tho larceny took place between one and live o'clock on Saturday, and the goods were traced and recovered, and the accused arrested.

Cecilia Walker, wife of Clement Walker, of Masterton, gave evidence that she saw accused in her shop looking at boots, but he made no purchase, Witness could not understand what accused said. The boots produced wore her property. By Mr Jackson : Missed the articles herself between ten o'clock anil live o'clock. Did notsea anyone take the hoots. Accused did not try on any boots.

By Sergeant McArdle: Therewas no promise to pay on tho part of l'ie Native. Did not know what might have occurred while sho was attendto other customers.

Clarissa Walker gave similar evidonce.

William Shaw, dealer, gave evidence that on Saturday last accused came to his shop with a pair of girl's tan boots and said he wanted to raiso some money oil them. Gave accused Bs. Later in the day, accused came again with a pair of men's tail shoes, remarking that ho had bought a pair of shoes, and wautcd to " raise tho wind." Gave accused (is for the shoes. The Native had told witness that he bought them for 2s (id at an auction sale.

In reply to the .Bench, witness said he had bought other things from accused.

I3y ilr Jackson: Always took accused to ho "all right." Never know anything Wrong about tho man. If he (witness) had thought accused had been a " crooked " man lie would not have bad anything to do with him, Sergeant McArdle gave evidence of tracing the boots and the arrest of accused, who said he had bought the boots from Mrs Walker and had arranged to pay on Monday. By Mr Jackson: Had known accused about eighteen months, Never knew anything against tho man previously.

Mr Jackson said that he had advised the accused to plead not guilty to hear the evidence and obtain the benefit of cross-examination. From the ovidcnce, there was now very littlo doubt but what tho accused had at somo time during the afternoon stolen the boots, He therefore proposed to withdraw the plea of not guilty, and ask the Court to deal with the offence under the First Offenders' Probation Act, This was a case in which the Court would be fully justified in granting probation, as after twenty years residence in tho district there was nothing against tho man's character.

Sergoant McArdle said lie was sorry to oppose the application, but as two thefts occurred in the one afternoon, he could not recommend probation.

Tho Court took a similar view of the case, It was not, in their opinion, a case for probation. Mr Jackson conteiufed that although the two articles were taken at different times, it must be treated as one offence.

The Court decided not to deal with the case under the Probation Act, but to give as - light a sentence as possible, There had been a great many complaints about petty pilfering in Masterton of late. A sentence of seven days imprisonment would therefore be imposed.