AKAROA RESIDENT MAGISTRATE'S COURT.

Akaroa Mail and Banks Peninsula Advertiser, Volume 3, Issue 221, 30 August 1878, Page 2

AKAROA RESIDENT MAGISTRATE'S COURT.

Thursday, August 29. (Before Justin Ayhner, Esq., R.M., and His Worship the Mayor.) LARCENY.

Jules Berland, arrested by Constable McGrorman, was again brought up, charged with having on three separate occasions stolen feeds of oats, of the value of 2s each, the property of Mr S. Lee, coach proprietor, in whose employ he acted as groom at the Hill Top stables. Mr Nalder appeared for the accused. Constable MeGoruum deposed to having arrested the prisoner on the evening of the 24th instant. On August 20 he went with Mr Lee to the Hill Top, and was present wheirthe prisoner was charged with selling oats to a man named Johnson. Accused acknowledged to having let Johnson have seven or eight feeds of oats, and said he had entered them in a book, and intended to pay Mr Lee for them. Ho was asked to produce the books, aiid brought three, but failed to show any entry as asserted. He then said that about June last he gave a feed to Johnson on behalf of Haines, who was out of oats at the time. He was taken before Haines, who denied having asked him to do anything of the kind. By Mr Nalder : Had pressed the case on because he considered it his duty after the matter had been reported to him. Mr Lee said he would rather have paid £20 than that it should have occurred. When charged the prisoner freely admitted having given the oats. There was no hesita- j tation. '

By the Police . The matter was reported by me to the Sergeant, who gave instructions to prosecute.

G. Johnson deposed: I am a laborer residing atßarry's Bay. I was at Haines' sometime in June last. Was wearing a sealskin I saw the prisoner, who asked me to sell him the cap, or make him one like it. I made him one,, and charged him it, bnt did not get paid. Some time previous I had asked him to let me have a feed of oats, which he did, and it was now arranged that the feed should go toward paying for the cap. When I got the feed, Berland took the oats from a box in the stables where the coach horses were. I also sold him a stock-whip, but he never took possession of it.

By Mr Nalder : The sealskin cap produced is the ono I sold him. I was in the habit of going into the bar when I went to Haines'. The prisoner spoke out freely before all in the bar about giving me the oats ; there was not the slightest attempt at concealment. Mr Lee spoke to me first about the matter, asking me if I had had any oats. Constable M'Gorman suggested that the last feed I had had was on the 11th inst., which at the time I agreed to. Mr Lee then asked me to take no more, and I thought that was the end of the matter. Berland lias always been open about giving the oats ; there was nothing underhand about it, nor any attempt at concealment.

S. Lee deposed : I am a oach proprietor, residing at the Head of the Bay, and have stables at the Hill Top, where the prisoner was in my employ as groom. From rumors I heard I went up with Constable M'Gorman, saw tho accused, and charged him with selling my oats. He said yes, he had done so on behalf of Haines. On going to Haines, this was denied. Prisoner then said that he had sold some to Johnson, but that he intended to pay me, and had entered the feeds in a book. When asked to produce the book, he brought two, but could show no entry of the kind in either of them. He had no authority to sell oats to anyone, and merely had permission to accommodate Haines if he ran short. Weekly returns were mado out and sent to me, but to memorandum appeared on any of them of any sale of oats to Johnson. (Returns produced.) One or two weeks showed an excess in the amount generally consumed, which averages about three bags a week. By Mr Nalder: Had no wish to press the charge at the time, nor do I now. The police got hold of the matter and prosecuted. Have always found the prisoner honest, but decidedly think him soft. E. Haines, publican at the Hill Top, deposed that he knew the prisoner. Johnson had never asked him for a feed, and been referred to prisoner for it. He never authorised him to give feeds to anyone on his behalf. By Mr Nalder: He knew the accused well and considered him rather soft, but not dishonest. Prisoner did not conceal having given the oats in any way. Mr F. Hahn, stepfather of the prisoner, gave evidence to the fact that the prisoner was rather weak in his intellect from an accident in his childhood. The police having withdrawn the two other charges, the Bench discharged the prisoner with a caution. Civil Cases, w. whitfield and j. o'brion v j. donovan. This was an action by plaintiffs, members of tho Building Committee for the new Oddfellows' Hall, to recover the original plans and specifications of that building, or the sum of £50, from the defendant, who had been the contractor. W. Whitfield deposed that some eight or nine months ago the Building Committee of the Oddfellows, of which he was a member, as well as one of the trustees, had let the defendant the contract to build the new Hall. It was to be completed by the 28th of June, but was not finished on that date. Abont that time Donovan had applied for £250, and they had refused to give it him without th 6 architect's certificate. About the Bth of July the defendant closed, the Hall, and stopped work, and on the 26th he was given notice that if he did not proceed with the work in seven days it would be re-let. He still refused to proceed with tho work, and on the 10th of August they took possession of the Hall in order to get it finished. When taking the contract the defendant had no details from the architect, and he was accordingly lent the original plans and specifications until he obtained them. These were the plans, &c, they were now suing for. By defendant: I was foreman of trustees and Building Committee. Do not remember any promise being made to advance you money to pay for materials, &c, as you went on. When the architect came down to inspect the foundation his certificate was for £50, but we gave you £100. The Building Committee, without my knowledge or sanction, advanced £250 on their own responsibility. We have security to the amount of £500. By the Bench: The architect was brought down at considerable expense to ourselves, and considered that the contractor had .had even more than he was entitled to. In reply to the Bench, the defendant stated that he objected to give up the plans, &c, because he considered that they had broken the contract in not advancing him money as previously promised, which he had a witness to prove. The Bench said that he had no possible right to the original plans and specifications, and accordingly gave judgement for plaintiffs, the defendant to give up at once the plans, &c, or pay the sura of £50. The Court then adjourned.