ASHBURTON-THURSDAY

Ashburton Guardian, Volume VII, Issue 1680, 6 October 1887, Page 3

ASHBURTON-THURSDAY

(Before Mr John Oltlvler, R.M) CIVIL OASES. W. Millar v S. B. Nelson, claim, £90 3».—Mr Wilding appeared for the plaintiff, from whom he prodoeed a power of attorney. —He save particulars' of the claim. —Defendant did not appear and judgment was given for the p'alntiff for the amount olalmed and coats. Joseph Olark v J SkllllDg, claim, £16 16a Id.—Mr Orlep for plaintiff.— Judgment by default for the amount ela.(m«d and costs. DRUNKENNESS. A first offender for dtunkenoesa and disorderly conduot was fined 20s and coats with the alternative of 48 houra Imprisonment. PKOHIBITION OBDBE. , A prohibition order against Riohard Lancaiter was applied for. There was no ftppsaranee of Lancaster, against whom three previous orders had been made.— Th« Magistrate did not like to make an order m Laaoaiter's absence and tha case WM adjourned for a week. WITHDRAWN. An information for alleged il legal Impounding sworn against Robinson Ruddick by Alexander Turner, which had been adjourned to the present court day, was, on the application of Mr Cay gill, withdrawn. THE FLOUR THROWING CASE. The Clerk saH that he had been Informed by Ser&t Feltoo that summonses bad not yet been served upon Robert Johns and Frank Tusker, charged with assaulting and beatiDg G. J. F. Lublow on election night. —At last Court day . Lablow charged a batch of youths with this offence, but the informations were dismissed. The two now referred to cleared out before they were served with .summonses ta appear at Court, and «rben the other informations were dealt with Mr Crisp who appeared 'for Lublow, obtained leave for those against Jhnj and Tasker to remain open for a week. —Mr Crisp now applied that the informations Blight be left open sine die as the com' plainant apprehended having a good deal or trouble to find the two defendants.—l» reply to the Magistrate, who asked whether there was any chance of finding the boys, Sergt Felton said they would aoon be got They had ran away for a time bat were sure to come back. Mr Oriip'f application was granted. LABCENY. Benjamin Barr was charged with the .larceny of a leg of pork, some beef, bread And a pound of caudles, the property of John Grigg, of Longbeaoh —John Milne, overseer for Mr Grfgg, said tuat accused had been cook for the ploughman's camp. In September last, m consequence of what witness heard, witness watched Barr and intercepted him on the road. Witness asked him what he had m a parcel he was carrying. Barr said "tucker." Witness told aoonsed to give It up. There were about 6 pounds of beef, four pounds of pork, a pig's head, aome bread and a pound of candles. Accused laid he was taking the food to his wife and family. It was about four o'clock m the morning when witness ■topped the accused. The accused admitted taking the Btoff from the camp — Constable Casey said that he arrested the accused at .Wittslow. Accused said that It was so near the quarter that he did cot wish to draw any of his money to get food for his family and as bis wife and family were without food he did not think it any harm to take them tome —The accused now made a similar statement —Sergeant Felton said that, as Probation officer, he did mot feel jaatified m making any report. —The Magistrate s»ld that the accused had committed a breeoi of trust, though the Bench did not think there was a great deal of feloniaua intention. The accused would be imprisoned for 48 hours. ALLEGED LABCEKY AS A BAILEE. Jamea Huddlestona Carleton waß charged on remand with the larceny as a bailee of two horses, the property of Hugo jsnd Rudolph Friedlander—Mr Wilding, with him Mr Crisp, appeared for the Aocoaed —Rudolph Hamburger said that m June last year he was m Friedlander Brc a' «rcploy aa clerk. Witness identified his «!gnature to a Bill of Sale and Mortgage of Stock, Carleton to Friedlander Bros. fie witnessed the signature of the accused —Hugo Friedlander said that before the Bill of Sale was made out he obtained particulars from Carleton to frame it —the particulars contained m the schedule The witness enumerated the items contained In the eohedule. By Mr Crisp ; 'Witness took down the particulars fn writing and forwarded (hem to his lolfoftor, Offing to the time that had •lapsed he could not swear if the particulars he took down m wrltfrjg and those m the schedule were identically the aime. —Rudolph Friedlander laid the Information against the accused. The Bill of Sale was an existing security at the time witness laid the information. Witness knew some of the stock men* tfoned m the schedule; knew the horses. Wito£*s recognised one of the two horses now ooiafde the Court as one of those, 4( Punch/ mentioned m the schedule attached to the docoment. Witness did not know who furnished the particulars contained m the Bill. Witness made a seizure under the Bill at Carleton's place. Two horses were missing, bat witness could not say which. " Punch " was one of those missing. By Mr Wilding : Witness knew the horses at the time Carleton gave the Bill of Sale. He had pot been on Oarleton's place before the Bill was given, but be had Been the horsoß m Asbborton. Witness could not say if the horses were branded, as he fco k no particular*, Witneia did not know if these horses were the same included m a Bill of Sale to witness's firm m 1870. Witness did not know the horse "Punch" from any peculiar marks, but by Its general appearance. If another horae had been substituted for "Punch" witness believed he would have missed the latter. Witness did not send the telegram —" would fiave no case against Carleton, if oar j^eecant paid." This telegram was ad•dteseed to Wm. White, Pleasant Point, .signed Friedlander Bros.. There was .only one firm of that name m Ashburton. ,—Sargeant Felton Intimated hie intention of re-calling Mr H. Friedlander m reference to this telegram. <—Sergeant Feltou objected to the telegram being put m as evidence. Mr Wilding's pioper couree was to call upon the Telegraph Department to produce the original document. — Mr Wilding submitted that the telegram was official, as it bore the Department's stamp. —Sergeant Felton said It was possible there might have been an error m transmission. —Mr Wilding pressed his contention, and the Magistrate adr noitted the telegram, taking a note o* Sergeant Felton's objection *-0, hill, .farmer of Wakanul, eaid that ha had seen «the horses outside the Court. Witness load reared both of them. Ho cold them About cix or seven years ago, Carleton baying them. One was called " Prince" ; the other "Punch." Witness got £40 for the former and £30 for the latter. •• Punch" was then about seven or eight years old and "Prince" about six. " Punch " was now fourteen year* old. "Punch" has got a brand "H ># on the eff neck. There was no brand "J.H." on the near shoulder. If one did oot know of the existence of the " H" brand one would m all probebfli;y not notice it — Adam Stephensoo deposed that he had 1^ been m the employ of accused last year B^and had worked the hcraea that were outside the Court. Oarleton had BKibsequently had a conversation with BpritoßSO sod told him be thought he ■Bpeqtt gQ to Aj99r!o§ f and th.at he would

take two. horses Kith him. This was a few days before Carletou was leaving Mount Scmera, The horses we 1 c taken away while witness was m Oarleton'a employ, By Mr Wild ? n? : Witness did not see accused take the horasa away — i Allan Headlcy, auctioneer Oaraaiu, 6aw I tha accused m Oamaru five or six months ago. He gave the tame of David Stewart De entered two horses for sale, giving instructions to Bell them without reserve, saying that probably he would not be present when they were sold, acd he wanted witness's firm to make the beat of them. The horsets were sold, " Prince " for £6 to P. Dann, and the other for £10 to Liird . Aco jaad received the proceeds by cheque. The chtquo had been cashed. Accused said that he had brought the horses frm Waimate. Witness recognised the horse " Prince " outside the Court as being one of those be sold. He recognised him by a scald mark but not by any braud; — Patrick Dann, a farmer living near Oamaru, bought a hurso by auction at Fleming and Hedley's on April 16 The horae was now outside the Court— William Laird, of Ngepara, gave evidence to the effect that he bought the horse " Punch " by auction. Me identified it as one of those outside the Court. — Constable Stanley, stationed at Pleasant Point, deposed to arresting tha accused on warrant on September 17. The accused admitted selling the horseß, and said that they were not branded a> d he did not \ think be was doing wrong m Belling them;— This w?s the case for the proseoution.—Mr Wilding submitted that the case must fall through. Ho did not intend to defend or justify Carleton's action, for, sc.ording to the evidence, it seemed clear that he had been guilty of dishonest and Improper conduct. But although that was bo, ho had not been guilty, m the eyes of the law. of larceny as a bailee Oarloton'a defence was that he had mentioned to the arresting policeman : That aa the horses were not branded he had a right to deal with them The law on the point wa3 very dear In regard to a Mortgage of Stock all the provisions cf the Chattels Secarktha Act 1880 had to be complied with before au offender could be deemed guilty of larceny as a bailee under he provisions of the Larceny Act 1867. Now there were several contentions ha could raise that i the provisions of the Chattels Securities Act bad not not been complied with, but he would confine himself to one, that of branding. The Act was most explicit on this point, Section 9 setting forth that the stock mentioned m a Morgage of Sttck stoll be branded with somts distinctive btand orbrandß specified m euch mortgage or schedule or inventory thereto. Now, m this caie, the schedule to the mortgage specified that the horses were branded '* J.H." but it bad been shown that they were not so branded. In order to place the matter b- yond all doubt he would refer to an exactly similar case which came before the bupreme Court at Christchurch some time ago. t-ergeant Felton was m Com t at the time and Mesarß Frladlander Bros were alao engaged m that case. The same point had been raised and the Judge held that tbe caee must fall through, and dismissed the acoased. He Mr Wilding contended chat the present ca*e was on all fours to that to which he bad re .erred, and said that it was of no use putting th« country to the expense of a trial when no conv'c ion could be poßßibly obtained.— Sergt Fulton eaid tbat there was a diffareuee m the present caaaand that to which Mr Wilding bad referred. Mr Friedlander bad shown that he obtained the particulars from Carleton and that the latter bad told him the brands.— The Magistrate said that th s did not affect- the case as Mr Friedlander j should have seen tbat everything was , correot.— Sergt Felton admilt.d that It j wou^d have been wise on Messrs ( Friedlander Bros 1 part to have seen that , the btock weie branded as speeded m the t schedule, but the question arose whether tbe mandatory olnuae cf the Chattels Securities Act m reference to branding failed to apply m this case because of Carleton's acHoo In wilfully defrauding Messrs Frledlander Bros by giving them falae information. Of course, if the < Magistrate ruled against him on this point i the caae must fall through. — The M»gi6- < trate said tbe caae would not possibly hold water. He referred to the looseness which characterised tho preparation of a J great many of these documents. The Act set forth that the animals should be branded with the same particular brand mentioned m the document. In the present case the schedule stated the animals were branded " J H," but when they referred to the animals they found , tbat there was no Buch brand on them. - In all probability theae animals were those mentioned m the document, but it was Impossible to Bay positively that they were so. The persons who had Buffered had only themselves to blame and they conld not expect the Court to protect those who would not protect themselves, He could not send up such a caae for trial. — Tbe accused was then discharged. ' the Magistrate telling him that he had got ' out of a serious caae aimply on account of ' a legal flaw. ' The Court then rose. !