MAGISTERIAL.

Ashburton Guardian, Volume VII, Issue 1942, 12 September 1888, Page 2

MAGISTERIAL.

SOUTH RAKAIA — TUESDAY.

(Before Messrs E, 8. Coster, D. G. Holmes and 0. A. 0. Hardy, J.P'a.) t ALLEGED L1B0KS?. 1 Joseph Foley was charged with stealiug two bags of oatß and eeyen bags of ohaS from A. and H. R, Davidson, on September 6th. G-. Davidson stated that he went with Foley to his house about 10 o'clock on the 6th, and stayed an hour. Be never told Foley he could have chaff and oats at any time, Had told him he had no chafE foi sale. Croße-9iarained : Had not assisted to pat the chaff and oatß m the dray.. Weni to Cronin's that night, then asked to be taken homo Offered oats for a feed. Was sober when. he left the township, and when he left Foley 'a, Had a nip of whisky at Cronin's. Had drinks ai Ho cell's hotel Parker West, cook at Davidson's, remembered Foley and G. Davidson coming to the house about 11 o'clock. They stayed about an hour m the oook house. Afterwards Davidson came m and said he had seen Foley off the pr&mis-.s and had given him a dog. Tbe oats and chaff were roiesed on Friday, as wo'l as plough ropes (Recognised the brands on the bags produced ) To the Bench : Davidson had been drinking, but was not druok. He was not more than half so, and seemed to have his senses about him, and knew what he was doing. Heard no conversation between the panics. John Faloon, ploughman, missed the oats on Saturday morning, and thought thero «hould have been more chaff.- Remembered a conversation with accused. Had said he c.uld cot give accused oajs. Accused asked whera tbe oats were kept, and remarked that if he came up after dark no one would see him. Distinctly refused to let ncoused have any grain. Alexander Davidson, junr f b.a& charge at Daviuddn f &;T<dkaiafaTm. Had missed the oatß and found Holey had been on the premises. Repotted to the police and visited accused's house with police. Found two baga oate and six bagß chaff, and pati of a bag of chaff. The bags had Davidson's brand. Both oats and chaff re sembled Bampleß G. Davidson had nc authority to give anything away as he wai only wor ing for wages He was « leading man. Witness never knew* G. Davidson give anything away when k drink. Constable Black gave evidence as tc finding* tbe oatß and chaff at accused's Bad met Foley m the township, who had said he had only bought one bag of chat from Hardy's Then arrested him, when he (acoueed) said he might as well tell the truth . George Davidson had told him he could go over and get what oata and he required, and no obarge would be made for the same, J. Faloon, re-called : Had never known George Davidson give anything away when m drink. Was satisfied on his own mind that no permission had been given to take the Teed. Mrs Foley, wife of accused, said there was no whisky drank at her house on the night m question. Davidson had distinctly promised to plough and do . all sorts ol work for accused. Had aleo promised ac much oats and chaff as her husband cared to fetch He had said he was boas of all the farm. To the Police : Had told someone that she did cot know her husband had gone specially for the chaff on Thursday. The reason she had not told the truth when the police came to the house was that she did not care to interfere it her husband's business. Davidson was perfectly sober when he left the house, and knew what be was doing. John O'Connor, was with accused, *and Davidson on Thursday, Did not remember any conversation abont chaff George Davidson was sober. He was perhaps a little under tbe influence of drink Accused made a statement to the effeot that Davidson had promised to give him as muoh as he liked, and if there was no one at home it would be m the sore house. He had gone to the house with Davidson at night. Davidson told him he had been drunk at Gheitsey, and lOBt his horse, and the saddle was somewhere m the fence near the gate. Davidson ripped a bag of oats open to feed accused's horse. After being m the house some time Davidson look him to the stote, and told him to take either crushed oats or whole odgi. Davidson assisted to load up the draj with two bags oats and seven or eight bugs chaff He also iasisted on lending a rope. Davidson promised to oome over on Sunday evening, as the empty bogs might be required. He aljjo offered to plough land for potatoes. The Benoh retired, and after a lengthy consideration said they were somewhat m doubt as to whether the articles were stolen, or whether Davidson had been induced at a time when he was inoapable, to give away what did not belong to hito. The case would be dismissed, but accused had had a very narrow escape, 'Thectiaff and oats must be returned to the Davidson's farm. Had accused had his wits about him he must have known he waa doing wrong m accepting goods f rOm a man m Davidson's condition. The Benoh hoped this would be a warning to him for life.