AKAROA RESIDENT MAGISTRATE'S COURT.

Akaroa Mail and Banks Peninsula Advertiser, Volume V, Issue 442, 15 October 1880, Page 2

AKAROA RESIDENT MAGISTRATE'S COURT.

Tuesday, October 12, 1880,

Before Justin Aylmer, Esq., KM., and Cai'tain Wiliis, J.P. DRUNKENNESS. A. Sutherland, charged with the above offence, was dismissed with a caution, he promising to leave the town at once. WILFUL DESTRUCTION OF PROPERTY. Antonio Remandus was charged with having wilfully destroyed Borne fishing nets belonging to Louis Stewart. Louis Stewart deposed to 'having left two nets hanging on the railing of the jetty. He saw them safe during the afternoon of Monday. At tea-time his wife called his attention to prisoner, who was doing something to tho nets. He did not believe that prisoner was committing an injury to the nets,'as there were several people about. On being called a second time he went over arid found that the nets (produced) had been cut. Estimated the damage done at £3. Mrs Stewart, wife of previous witness deposed to having seen prisoner draw his hand along the nets and put something in his pocket as he walked away. Sergeant Willis had arrested defendant on board the Amateur. Found the ktiifo produced on him. [The article in question was a regular sailor's knife, with a swivel for hanging it round the neck.] For the defence, defendant called Dominique , who deposed that he and several others wore on the jetty at the time in question. Did not see prisoner cut the nets. Cross-examined —Could not swear that defendant might not have cut them without witness seeing him do so. Defendant said he did not have tho knife on him till lie went on board the vessel. It appeared that during tho afternoon defendant had iallen overboard from a boat. Sergeant Willis called the attention of the Bench to the state of the knife, which was spotted with rust. Tho Bench fined defendant 20s and costs and ordered him to pay £3 for the damage done ;in default, one month's imprisonment. . CIVIL cases. F. Halm v. J. F. Robert . Claim, £1 173, balance of a claim foi fencing between their two properties. Mr Roberts, jun., appeared, and a.ked for an adjournment on behalf of his father, who was prevented from attending through indisposition. Judgment was given by default for the amount claimed with costs. Mnlholland v. Brickland. Judgment summons for £8 lis. Defendant was ordered to pay the full amount on or before October 19, in default one month's imprisonment. Roberts v. Hewer. Judgment summons for £1 9*. Defendant said he wished to interview the Boad Board on tbe subject ; bethought they should pay it. The Bench could not see that the Board should pay for defendant's mistakes. Even if defendant had a claim against the Board that was no reason why plaintiff should be kept out of his money. Defendant then said he would pay 5s per month, which offer plaintiff declined to accept. The Bench made'an order for the amount to be paid in a month from date ;in default one week's imprisonment. The Court then adjourned.

Wednesday, Oct. 13,

Beeore Justin Aylmkr, Esq., R.M.; and Capt. Willis, J.P. HORSESTEALING. Peter lliiglund was charged with stealing a bay marc, the property of Mr Thos. Mcintosh. In the absence of a material witness, Sub-Inspector O'Donni.ll (who appeared foi the prosecution) asked 'fora remand til! :!__ _'m_o. •_.__' o:\.. \ th.; Inii-.... A;.'. '!_..,; p)..ailed not guilty. i

Sub-Inspector O'Donnell conducted the prosocution.

Henry Billens deposed that he had employed accused to collect for him. Placed about £170 of accounts in Ins hands for ' that purpose. The remuneration was to be a commission of five per cent. Fixed no time for accused to account for the money, except that it was understood that he was to bring in as much as possible by Oct. 4. Accused had not rendered him any account, or paid him any money since. Mr Gr. Reynolds was one of his debtors. Had not received any money from accused on account of Mr Reynolds. . Had not, seen accused since Sept. 23. Accused had no debts to collect for witness in Christchurch. Had received a letter from accused. [Letter put in and read.] The money had not been offered to witness. Laid the information on October 1.

Cross-examined—The terms were to be five per cent on all moneys received. No time was stated for a settlement, excopt that you were to get in as much as possible by Oct. 4. [Accused here went throughthe Hat of debts, and elicited that about £28 had been paid.] Did not put an advertisement in the paper withdrawing j-onr authority-. Did not consider yotl had no right to leave Akaroa. Knew you were married. Your wife was in' Akaroa all the time. Did not ask her where you were.

A. G. Wiggins stated that accused had been in his employ. He had discharged him on September 25. Had no knowledge of accused raving received an account from Mr Reynolds.

To accused—You certainly gave mo no message to Mr Billens about tho account. It is possible you said something about it which I did not catch.

.'.'.Sergeant Willis stated that or: Sunday evening,, Sept 2G, accused told .him that he had lost his situation and wa3 going to Christchurch and thence to Dunedin

To accused—Knew of some domestic circumstances which would render you unwilling to go home to } r our wife.

Accused—" If I had been guilty of embezzlement should I be likely to have come to you, a palico sergeant, and told you of it 'i " Witness— i( I don't think so." Mr George Reynolds, of Little River, deposed to having given accused a cheque for £3 10s on account oi Mr Billens. Tho cheque was post dated. It was dated September 27. Could not say whether the cheque had been paid. This was the case. The Bench thought there was no occasion to go any farther. They considered that up to the present time tho accused had never been discharged from Mr Billens' employ. The cheque was dated Sept. 27, and the information had been laid on Oct. 1. There had been no time between those dates for the accusad to render an account, and.there was an account current between him and the prosecutor. Accused would be discharged. The Court then adjourned.

Thursday, October 14.

Befjke Justi_ Aylmkr, Esq., R.M., ani

H. H. Fknton, Esq., J.P

HORSESTEALING.

Peter Ilaglund was charged with stealing a brown mare, the property of Thus. Mcintosh, Decant, r Bay. Sub-Inspector O'Donnol conductod the case for the prosecution. Henry McHale, a farmer residing at Little Akaloa, deposed that in September last he was manager for Mr Mcintosh, Decanter Bay. Had charge of a mare belonging to Mr Mcintosh, branded II on the left shoulder. Had seen the mare that morning outside the Court. Before that saw her last on September 12. Never gave piisoncr, or any one else, permission to take the mare away. Missed her on Sept. 19 ; on tho 21st reported the loss to the police. Edwin Hay, farmer, Pigeon Bay, remembered that on the evening of Sept. 16, about 10 o'clock, ho was returning from Holmes' Bay to his own, home at Pigeon Bay. Met prisoner, who was on foot and leading a mare. Knew the mare belonged to Mr Mcintosh. Identified the mare outside the Court as tbe same. Prisoner was going in an opposite direction from Decanter Bay. It was bright moonlight, and clear enough to recognise both man and horse. Had never seen prisoner using the mare on any previous occasion. Thos. Mcintosh, residing at Lyttelton ) had seen prisoner once about six weeks or two m inths ago. Was the owner of the mare now outside the Court. Saw it about two months ago in Decanter Bay. Had neither sold the mare nor given any person authority to take it away. Valued the mare at £30. By the Bench—Mr McHale had charge of the mare. The land was partly bounded by bush. The mare could have wandered out. Neil Smith, a horse-dealer and farmer, residing at Lincoln Road, deposed that on Sept. 18 he saw the prisoner in Tattersall's sale yards. Prisoner told witness he had a horse for sale. Showed him n mare, and told hiui he had paid £37 10s for her. Said lie did not espect more than the half • now. Did not purchaso tho animal from j piisoncr, but bought it afterwards at aucI t.on on the same day for £12 10s.' Had a ' :_'._;. ■:.„': .ho m,.re in harness after tho sale. ; !.. ...__.•.•.•:._ n'.o he refused to take tho mare i ..d. .... [Mice. Finally offered prisoner £12 j which he ultimately accepted. Paid Mati son's clerk the money, and saw prisoner

receive a cheque for the amount, which prisoner asked him to cash. Kept, the mare in his possession till she was taken away by the police. The mare was the one outside tho Court. Sergeant Willis proved having arrested the prisoner on September 25, told him the "charge. Prisoner said he knew nothing about the mare. This was the case. In answer to the usual caution, prisoner stated that he could prove ho bought the mare from one Charles Rundegren, and had a receipt for it. Prisoner was then committed to take his trial at tho next sitting of the Supremo Court. ESCAPK, There were two charges against the same ' prisoner of oscape from the lock-up at Akaroa. Mr O'Donnell, with the' permission of the Bench, would withdraw one of them, viz the first. . Tho Bench allowed the charge to bo withdrawn. On the second charge, Sergeant Willis deposed to the prisoner having been in his custody on the warrant produced. At half-past ten in the evening o£ the 3rd October he visited prisoner in his cell. Double locked the do«r of the cell and also the outer door. Kept posession of tho keys. At half-past five next morning visited the cell again, and found that the prisoner had escaped by cutting a hoi« in the floor lo inches long by 10 inches in width. [The sergeant here described the manner in which the joist had been cut and the iron bar removed, as already reported in a former issue, and also described the formation of the lockup.] From appearances, believe . the cutting to have been done with a knife. Was quito certain prisoner had. no weapon on him when he was put into the cell. Witness and Constable Scott had searched him minutoly. There were two ventilators in the cell. They could bo opened or closed from the insida. Believed prisoner was re-arrested on Sunday October 10----lie was brought back to tho Akaroa lockup on Tuesday the 12th.

Henry Johnson, a constable stationed at Amberley, deposed to having arrested prisoner on morning of Sunday the 10th inst. Told prisoner he charged him with escaping from the lock-up at Akaroa on the 3rd. Prisoner replied to the charge by saying " I think yon must bo mistaken. I don't know Akaroa." He gavo his name. as August Larsen. Prisoner, who had nothing to say, was then committed for trial, and the Court adjourned.