David, the Maori, de posed to being at the store on the afternoon in question, ana saw prisoner come out of the store and put his hand to his head. As he did I so a crown piece fell from under his hat to the ground.- Prisoner picked it up and put in his pocket. Witness then walked away, but he afterwards heard that prisoner had stolen the money. Thomas Morns, who was recognised by the prosecutor as having been in the store at the time, deposed to being a seaman, but was working on the railway. He was in the store on the afternoon of the 15th. and con- j versed with the prisoner. They had some beer together. Prisoner came ii> to change a note. The Chinaman came in, and whilst witness and prisoner were talking he heard the China man talking about having lost some money, j The prisoner Baid that he had money in his hat, but it was his own and not the Chinaman's. — Sergeant Neil called the Bench's attention to the suspicious fact of the prisoner having money in his pocket as well, and was not likely to. carry money in his hat— His Worship replied that he had not overlooked that or any other fact in connection with the case, and in his own mind had no doubt about the prisoner's guilt. At the sanie time it had not been proved that defendant had taken the money, and as a doubt existed the prisoner would receive the benefit of it and be discharged. The Bench, however, considered the charge of assault to have been proved, and sentenced the prisoner to pay a fine of 40s, or be imprisoned for seven days.— William Brown, the same defendant, was further charged with having on the 15th inst. stolen a hat and muffler belonging to James Shaw. James Shaw, who | described himself as a railway labourer, deposed i that he was boarding at Woolley's, and that when he went home from work in the evening he missed his hat and muffler, which were in hwr room when he left it in the morning. A I hat and scarf were produced by Sergeant Neil i and recognised by the witness as his property, i He had purchased them at Inglis's place last Saturday week, and paid 14s Cd for them. 