A PECULIAR CASE OF LARCENY. •

Waikato Times, Volume XX, Issue 1681, 14 April 1883, Page 2

A PECULIAR CASE OF LARCENY. •

A somewhat peculiar ca?e oflarceny was brought forward for hearing sit the Resident Magistrate's Court, Cambridge, on Thursday last, the 6ench being occnpietl by Messrs J. E. Macdonald, T. ,W2llBi and Jarvis, J.P. A coloured man, named Julius 0. Eastwood, charged) a young woman of fairly respectable appearance, named Elizabeth, Bate, with having, on or about the 3rd of April, at Cambridge, unlawfully,- and, with defrauded and converted to her nae one ' sewing* machine, four bed sheets, five pillows* two 1 pairs of blankets;, two toilet covert, two white shirts, one pair of trousersj three chairs, meat; 1 sale, table, bedstead, mattrass, window-curtain, together with sundry other household articles valued jointly at £16 9s, and ( the L property* of the said Julius Eastwood, the sam» having been intrusted to her custody- -for safe keeping. Mr Mauripe ' Kcesing appeared to prosecute, aud Mr John Shee1 han, out of sympathy for the accused, appeared on her behalf. 1 It 'appears the prosecutor and the accused had been cohabiting together as man and wife for some considerable time past, and had taken up their residence at Cambridge West, where they lived (at the prosecutor states) d singularly contented life, no broil ever arising to disturb their domestic felicity. Having been obliged to leave home for a few days to, attend to work, being employed in a labouring capacity at Piako, his inamorata desiring a change disposed ol the estate, consisting of the articles above named, and took her departure for the metropolis. Eastwood immediately in« formed the police , of the circumstance, and had the levanter arrested at Auckland aud brought back". Having been remanded, from Monday last she was brought before the' court on Thursday and charged as above. Mr Keesing applied for a further remand in order that he might have time to get his witnesses together, giving an explanation of the inability to do so earlier. Mr Sheehan opposed the application. The girl had been brought from Auckland at her own expense, and had. attended the court on Thursday of her own free will to answer the charge, and, as no charge bad then been preferred against her, had she been properly advised on the matter, she would have considered herself at liberty to return , to Auckland. Mr Keesing briefly explained the cause- of delay. The officers of the court had been absent, and no justice could be found to hear the case. Again, the information had not arrived from Auckland. In again speaking against the application, Mr Sheehan Baid they admitted having taken the bulk of the articles mentioned in the information, if that fact would enable Mr Keesing to dispose of the required witnesses, His client was the owner of the articles which she had taken : had worked for them and paid for them. — Mr Kcesing then stated the circumstances of the case. The case was one of larceny as a bailee.— His Worship understood the parties to be living togothcr as man and wife. The iran was the custodian of his own household goods, and the woman holding the position she did, could not, by disposing, of the articles named, be guilty of larceny as a bailee. The charge must ba one of common ' larceny. They would have, therefore, to lay a new information. He would, however, adviao them to accept a dismissal. The prosecutor could not expect to meet with much sympathy, though the law might be on his side. His view of the affair was : This woman having Jived with this man for some considerable time, and having worked during that time, believed herself the rightful possesor of a share of the household effects which sho had taken possession of. The case would' be dismissed. It Was subsequently arranged that the goods shouldbe left in, the possession of the police, the accused still asserting her claim to them, then the prosecutor could proceed against her to recover the property, and thus test thn titlp. The goods, however, were afterwards divided between both parties, by mutual consent.