RESIDENT MAGISTRATES COURT, HAMILTON. May 29. (Before H. W. Northcroft, Esq., R.M.)

Waikato Times, Volume XIV, Issue 1236, 1 June 1880, Page 2

RESIDENT MAGISTRATES COURT, HAMILTON. May 29. (Before H. W. Northcroft, Esq., R.M.)

Larceny. William Neilson was charged with having on or about the 22nd of April, stolen a quantity of white lead and one roll of paper, the property of one George Lovegrove. The prisoner pleaded not guilty. Sergeant McGovern said the prosecutor was a punter, and had the contract for painting tho new police station, in Hamilton East, and in order to carry on the work -he obtained a quantity of white lead, portion of which he missed from time to tiirie. He also missed a roll of paper. After the prisoner was arrested on the charge of stealing the piper a search warrant w.is obtained, and the above articles found in his house. He called " George Lovegrove, a painter, residing in Hamilton, who deposed that be knew prisoner. Witness had a contract to paper and paint the "new police sta ion, near which the priboner resided. For the purpose of his contract witness bought a large quantity of white lead, which was kept in the lock-up— then in an unfinished state. From time to time the white lead was missed. The prisoner was working at putting up the fencing during tho time. Witness complainnd about the thefts at the time to Constable Murray. About a hundred weight had been stolen altogether. After the thefts wimess had a conversation with prisoner, who said he had bought some green paiut at Harris's, but could not get any white lead there Prisoner further told him that he intended to repaint his house. White lead kept a number of years in an open pot would be quite hard, and would have to be hammered out before it could be used. The paint produced w.is similar to that taken from the lock-up. It could not have been some years old, as in that case a skin would have formed all round it. The lead was worth about £1 ss. He also lost |one roll of gold figured paper, and had to send to Auckland for sufficient to finish the job. The roll produced he would swear to as his pioperty. The prisoner was aware that this roll had been lost. By prisoner : Neither my man nor myself asked prisoner when he was going to get his shanty painted. He did not say he had some white lead and would get it done in the spring. He came to me one day and borrowed some stone colored paint. I did not hear my man say to prisoner that his white lead might be bad. By the Court : I did not think Neilson's placo worth painting. Re-examined: Tho prisoner never to my recollection told me that he had white lead in hio hotiM). Thomas Hammond sworn, said he was a painter, residing in Hamilton. Paint that had been a number of years in an open tin would hove a skin on it, and would be hard. The lead produced was new in both tins. He did not think it had been in the tins any length of time. He had seen lead worse than that produced, which had only boon a month or so in an open tin. The top might be kept soft with water, but it would get nard underneath. By the Priaoner : If covered with water the lead would only keep soft at the top. Lead kept air-tight had been known to get hard after some time. Joseph Freer sworn, said he was the contractor for the new po^ce station. In April he got some paper for Mr Lovegrove, a piece of which was missed. The roll produced was similar to it. The prisoner was constantly about the place, and was quite aware that the paper had been missed. By Prisoner : A' little boy could easily get into the house and take away the paper. The prisoner's children were ircqueutly about the place. Constablo Murray sworn, said he received a warrant t® search for the articles mentioned in the information. He told the prisoner that he was goinir to search his house, and he replied to witness Baying he had pome white lead which he had purchased at Mr Simpson's auction snle. He denied having any paper except a rull he had bought, but afterwards admitted that one of his children had taken a 101 l of paper from the police station. Witness afterwards searched the honse. He spoke to pri-oner's wife and children, who said they had scon neither paper nor lead. After a long search he found the paper produced at the bottom of a box. The lead was found on a high shelf in the prisoner's workshop. Mr Lovogrove had complained to witness •ibout the loss of the paper and the lead. Witness remembered the sale referred to by the prisoner as " Simpson's.'' It was between seven and eisrht y^ara since. By prisoner : The lead was pretty well concealed. There was a little water on the top of the larger tin. This was the case for the prosecution. The prisoner made a statement to the effect that the lead had been "riven to him by Mr Simpson's son before the sale. Ho opened tbe lid of the large tin and put it back on the shelf after putting 1 water on it. He admitted that his little boy had taken the paper, but he did not know it was there until afterwards. The Magistrate, addre^ing tho prisoner, said ho was satisfied from the evidenoe that the prisoner had taken tho white lead and paper. He would defer sentence until he had heard a further charge which he understood the police were bringing forward. The prisoner was then further charged with having, in the month of April last, stolen a quantity of timber and a new spade, the property of one Joseph Freer. Sergeant MoGovern conducted the prosecution, and the prisoner pleaded not guilty. The first witness called was Joseph Freer, who, on being sworn, said he missed four pieces of timber from the new police station, Hamilton East, after the job was finished. The prisoner was constantly about the place. He (witness) sold some timber to the prisoner consisting of kauri posts and rails and a few short ends of boards. He did not spII the prisoner any boards. Witness went with Constable Murray the previous day to prisoner's place and found boards with the name " Taylor and Freer " on them. The boards lying outside the Courthouse were his property. Neither his partner nor himself had sold any of this timber to prisoner. The board produced was found under prisoner's workshop. The timber found was worth 16s or 17s. He missed a spade belonging- to himself while he j was working at the new police, station. He was with Constable Murray when he found it at prisoner's house. It was in a loft over the ceiling. He believed the spade produced was the one he lost. Prisoner was aware of his loss, because witness had to borrow a spade from him afterwards. By prisoner : I did not sell any of the timber produced to prisoner. Constable Murray deposed to having searched the prisoner's premises the pre- [ vious day for stolen property. He found the flooring boards underneath the house at one end, and at the other he found some matched liuinjr. They could not be scon until he <rot down on his knees and looked under the hou°e. He found pome other timber in a kind of outhouse. The last witness identified the timber as lm propei fy. Above the coiling in tho house they fouud the '•pade produced. This concluded the case for the proseOUtiyn,

The prisoner said he had taken the spade out of a hole and put it in the loft for safety. Ho had a large family depending upon him for support, and he hoped the Magistrate would deal leniently with him. His Worship Baid the prisoner ought to have considered that before he placed, himself in his present position. Stealing was getting rather too common, and it was time to moke an example of some ore in older to deter others from doing the Batne. It appeared to him that the prisoner had been goiu<? into the thing pretty extensively, and he would have to make an example of him. He had taken stolen beer home and he had taken other articles home, and of what kind was the influence upon his children iikeiy to be. Dishonest parents made dishonest children, and if something were not done,, they would have the town infested with thieves. He would sentenco the prisoner to two months' imprisonment with hard labor upon each of the three charges, the senetuces to run concurrently.

Drunk and Disorderly. Zeoharias Sleaman was charged with being drunk and dinorderly in Viotoriastreet on the previous evening. Constable Wild and Sergeant McGovern gave evidence in support of the eh irye. The pi isoner was charged with being an habitual drunkard, having been thrice convicted of drunkenne-s during 1 the preceding twelve months. The Magistrate fined the prisoner 20s and costs on the firbt offence, or 48 hours' imprison m nt ; and on the second charge he would be Bent to gaol for 14 days with hard labor.

Breach of the Peace. James McA.unamey was charged with committing a breach of the peace by fighting on the evening of the 28th inst. Constable Murray gave evidence in support of the charge, <md the prisoner was fined 20s and costs, with the usual alternative.