RESIDENT MAGISTRATE’S COURT.

Ashburton Guardian, Volume IV, Issue 796, 18 November 1882, Page 2

RESIDENT MAGISTRATE’S COURT.

ASHBURTON.—To-day. (Before His Worship the Mayor and Mr R Alcorn, J.P.) A Madman. —Willian Hansen, a foreigner of wild appearance, was charged with doing malicious injury to property. —Joseph Clark, grain merchant, Tinwald and Ashburton, deposed that the defendant visited his place yesterday at Tinwald and smashed a large pane of glass.' He rushed into the house, and frightened witness’ daughters by his wild conduct. Witness secured him in the paddock by the house. He was not drunk, but very excited. He did not ask for anything, or explain his conduct in any way. Defendant had nothing to say in answer to the charge. Sergeant Felton suggested that the man, who is evidently out of his mind, should be remanded for a few days, in order that enquiries might be made respecting him. Remanded accordingly. Alleged Larceny of Ikon.—James Taylor was charged with stealing eight sheets of corrugated iron, valued at 365, the property of Messrs Muir and Reid, contractors, of Ashburton.—Mr Branson appeared for accused who pleaded not guilty.—Win. Reid, one of the prosecutors, stated that he was a member of the firm of Muir and Reid. In the month of August.last the firm had a contract on the Alford Forest road. About the 16th of that month they missed six she ts of iron, and next morning two more were gone. The iron was of the “ Owl ” brand, and the value 365. Four sheets were sft lengths and four 7ft lengths. The iron was obtained from Tucker and Reatell, who were unable to supply more of the same brand, and no more of the “ Owl ” iron could be got in Ashburton. The iron produced (here the witness examined the sheets minutely) had had all the brands disfigured, ireveral sheets had been painted on the wrong side, and the brands thus obliterated. Witness could swear to the iron produced as being their own. It appeared as if it had been placed underground. Witness saw the iron at Taylor’s place yesterday. It was covered with soil. Taylor lived on the Alford Forest road, about a quarter of a mile from where the iron was taken. No other “ Owl ” brand iron could be obtained in Ashburton, neither could it be had in Christchurch. Witness would swear the iron in Court was the property of the Arm.—Mr Branson said

the witness ?was v&y positive as to the “Owl ” brand iron'being unobtainable in Ashburton—would be surprised to hear that jfo iSmith/'COmmission agent, sold it I —The he would swear this eight sheets in question were not-, proiouted from Mr- Smith,—Mr ti.iuson : yoilPiare the hardest swearer, with one exception, 1 ever met.—Mr Muir, the other partner in and 'then examined. He would swear,to, the 1 sheets of iron produced being of the sstae brand and sizes as those stolon from the' Alford- FeresMWad, but would: not swear positively to the sheets shown being the identical ones that were stolen, and neither would he swear that ” Owl ” brand iron was unobtainable in Ashburton. They got eight sheets of “ Owl ” iron from Tucker and Restell, and they were unable, on account of their own supply running short, to get any more in Ashburton.—Mr Branson : How do you know that?—The witness said that Tucker and Restell had told him so.—Mr Branson objected to hearsay evidence. —Constable Hicks deposed to arresting accused on the charge yesterday. Found the eight sheets of iron produced lying at his place. There was a hole near big enough to contain them. Witness removed the paint from the iron in orfler to see the brand. Accused said he; had bought the iron from Mr Smith.—Wil liam Smith, commission agent, deposed that he had sold some 30 sheets of iron to accused but could not remember the brands. After some further evidence, Mr Branson addressed the Bench on behalf of his client, urging strongly that there was no evidence to convict but Mr Reid’s, and as Mr Smith might have sold

the iron produced to the accused amongst the 30 sheets referred to, there was really no proof of larceny having been, committed. If such evidence was held sufficient to warrant conviction then every man’s liberty was in jeopardy. -“The Bench said that the evidence was’very much against the accused, but as it was just possible that he had obtained the iron in a legitimate way they would give him the benefit of the doubt, and the case would be dismissed.—Mr Branson made application for the irpn.todie giyen up to the accused, and he leftrthe COuVt.