RESIDENT MAGISTRATE'S COURT, HAMILTON. Yesterday. (Before H. W. Northcroft, Esq.)

Waikato Times, Volume XIV, Issue 1235, 29 May 1880, Page 2

RESIDENT MAGISTRATE'S COURT, HAMILTON. Yesterday. (Before H. W. Northcroft, Esq.)

William Neilson ami James Bastable were charged with unlawfully entering the brewery of one William dimming and stealing therefrom six bottles of stout, tho property of the said William Cumminir. The prisoner Neilson pleaded guilty, and the prisoner Bastable not guilty. Sergt McGovern said he would have to ask for an adjournment in order to allow of Mr dimming being present. At this stage Mr Cumming entered the Court and. the case against Bastable waa proceeded with. Sergt McGovern then briefly stated the particulars of the case as detailed elsewhere and then called William Cumming, who, on being sworn, said he was a brewer residing at Hamilton East. On Thursday he was absent from home, but returned about 6 o, clock. He went to the brewery about an hour afterwards. When he went around the corner, he saw the prisoner Neilson between the bone mill and the brewery. He asked him what he wanted there and received an answer to the effect that he was looking for a man named Wilson, who worked f©r witness. He told Neilson that it was no time to be looking for Wilson, and ordered him off He went away and witness turned to go into the brewery, where he found the prisoner Bastable crouching down on the upper side of the door, witness asked him what he wanted there, and he said Neilson had informed him that he had bought a dozen of porter and had asked him to help to carry it up. He then handed witness five bottles. He afterwards found another bottle in the box out of which Bastable took the others. The next morning he found two other

bottles at the gate near the Royal Hotel. Bastable told him that Neilson had got in by liftingsome unfastened louvre boards in the Second storey and handed the bottles out. On, looking inside next morning he saw the marks made by the pvisonor Neilson in scrambling up the wall. He reported the matter to the police The bottles produced were his property. On previous occasions he had missed beer and port.' r. The prisoners had no authority trom him to go to his brewery on the pro\ ions evening, nor did the prisoner purchase any bivv from him. The prisoner Bastablo had no questions to put to the witness. By the Magistrate : When beer is purchased from me, it i i generally delivoi el. People do not come and take it away at night. Tho Brewery is closed usually at 5 o'clock in the evening. Constable Murray, sworn, said that about half-past 7 o'clock the previous evening Mr dimming reported that he had caught Neilson and Banstable ing beer. Witness went in search of them. He found Banstable in the Royal Hotel. He called him out and questioned hun, and he told witness that he had been asked by Neilson to go down to help him to carry up something which he had purchased. He said Neilson got through the louvre boards and handed the beer out. The prosecutor had on a previous occasion reported to witness that the brewery had been broken into and beer stolen. The prisoner did not cross-examine the witness. The prisoner said he did not know he was doing wrong at the time. He did not attempt to hide when Mr dimming came down and at once handed the bottles over to him. Sergeant McGovern said he had known the prisoner for a number of years, and he was sorry to say he was one of those men who when in town spent his time in loafing round the publio-house bars. When he was away from town he believed lip was a hard-working man. This was thh first time, however, tlinfc he lwd appeared in a police Court. He had a wife and family, but the wife* exertions he thought kept the home. He would ask the Magistrate to adjourn the c isc against Ncilson"until the afternoon, as the police had l'eason to 1)' Hevc that other charges Avould be brought against him. A searchwarrant had been taken out and his house would be examined with a view to finding stolen property. His Worship addressing i\v pu^oum-, said, it appeared to him that he must have known that he was doiny wroug in yoing down with NeiLson, and wis therefoie equally guilty. The evidence was too strong ag.iinst him. The police had given him a very indifferent chaiacter. He belonged to a daxs to whom liquor was was a perfect cuise. . He would send him to gaol for 1 1 dxvs with Im id labor, and would ciution him that if he again appeared before him, the sentence would not be so light. The case against Neilson was adjourned till 2 o'clock. YrSTrBDAY, 2 P.M. (Before H. W. Northoroft;, Esq., R.M.) Willi.im Neilson was ch.ugel with .stealing one 101 l of paper and oOlbs. of white lead from the new Police-station Hamilton Eist. Tho pri-onei" pi aded not guilty. Sergeant McGovern stated that ho was unable to proceed with th i ease that d iy, owiny to the al sence of the prosecutor. He therefore applied for a reinaud until to-day. The prisoner was proceeding' to explain how ho became possess* d of the articles, when he whs stopped \>j His Woiship, who told him that he was only giving testimony which might b~ u?ed to hia disadvantage. The Court then ro*e.