MAGISTERIAL.

Gisborne Times, Volume XXVII, Issue 2538, 26 June 1909, Page 5

MAGISTERIAL.

FRIDAY, JUNE 25. (Before Mr. W. A. Barton, S.M.) ALLEGED THEFT. Jack Jensen, a young f man, pleaded guilty to a charge of tlie theft of £2 and a bunch of keys, the property or Nathaniel Burgess, of Gisborne. Detective Rawle said the accused was on a visit to Mr. Burgess’ house, on Thursday evening, and was left alone in a room where the money and keys were lying. Tlie money was missed and the matter was. reported to the police. On the accused being searched the money and keys were found upon him. The accused said he had been drinking and took two bottles of beer to the house. A conviction was entered and sentence suspended until this morning _toallow the accused to acquaint the police with his past history for the probation officer's report. A TENT ON THE ROAD. Aubrey Nicholls, storekeeper of VFaikuha Valley, was charged that he did, in May last, pitch, a tent on a public road. - . Tho defendant pleaded not guilty: and was defended by Mr. Alston Coleman. Constable Doyle said he saw the man living in a tent that was . pitched on the Waihuka Valley Road, at the* head of. tho Waikohu railway works. Reproduced a plan showing the position of the road and the place where the tent was erected. The accused carried on the business of a storekeeper in. the tent, and said that the business belonged to his brother. Witness told the accused that, he would prosecute him for pitching the tent on the road. The accused kept the tent on the road-after witness had given him notice to remove it. Dennis Malione, contractor, living at Puha, said that he formed the Waihuka Valley road and was of opinion that if the tent was within six feet of the water-table it would be on the road. Air. Coleman submitted that the evidence had not established a case for the defendant to answer. It- was not shown that the defendant had pitched tho tent. He quoted authorities to show that a conviction could not. he. sustained. . His Worship said the defendant was charged under the Public Works Act with pitching a tent on tlie road. The defendant had no right to occupy the road, hut the evidence had not disclosed who pitched the tent. The information would be dismissed..