TAURANGA RM. COURT.

Bay of Plenty Times, Volume II, Issue 123, 5 November 1873, Page 3

TAURANGA RM. COURT.

Moni'AY, Kovembjuj 3. (Before Major Roberta, R.M ) AI.I.KU Ki> BOA T STEAM MO ii.iuin limiter was charged that he did, on toe October last, at Tauraaga, feloniously take ami convey away One bunt, Value £ls, the I *» opcrty t*l V\ il i.uu broivn, ferryman. I lie pre-oner pleaded not guibv. tHirgea ii t. etniii not ed the prosecution. lit 1 drew tho attention ot (us Wordiip to tho following from •• The New Zealand Justice u f tho leave ; ‘‘ * Larceny ’ tu. omiui'm law may bo defined So bo a wrongful or Iruinlulcui taking and carrying away by one person oft tic personal goods of another, against tho will or without the consent of the owner, with a teiontous intent to convert them to ins own use, and cither permanently to deprive tho owner of them, or, for his own gait), to deprive the true owner of them temporarily. * # * The act must bo done with a felonious intent, and that may bo briefly explained to be, without any fair pretence of right to excuse tho act, and with the intent to deprive tho owner of the thing permanently, or, if not permanently, for sake ot gam to tho taker, and in such a way to bo inconsistent with tho tho owner’s dominion over it. Jhe test Inert causa, or ‘for sake of gain’ alone is not sullieient. It tho facta shew either a fair chum of right, or that there was no intention to deprive the owner of his property, as for instance, ii tho taking whs merely a practical joke, there would bo no lareony.” lie (tho Sergeant) thought that he should bo ablo to prof© that the matter at issue was no practical joke. William Brown, Government ferryman, sworn, stated : He remembered the night of tho 30tb October last ; about half-past nine o’clock ho “ turned in,” having previously taken away tho gear and secured the bout as usual j tho boat was left in ouch a position that she was ready for an emergency, and she could have been launched easily at live minutes’ notice ; kis contract was to keep a boat, in constant readiness to convoy Government ollieiala to and from Matapihi j after going to bed on tho night in question prisoner came to his house and asked witness to take him across ; this was alter 10 o’clock ; prisoner was not perfectly sober ; ha said ho had a telegram from Muketu, and that ho must leave at once on Government service ; witness replied ho would not take prisoner over until daylight, unless he produced a Government order ; saw no document to such efleet or would have crossed the man j m-xt morning witness got up ns usual at daylight and found the boat had gone; the boat in question was the only one available at the time ; witness shortly afterwards went over to Matapihi, and Nathan showed him tho boat; Nathan said he hud picked up the boat without tlio anchor being down ; i( Nathan had not looked utter the boat ii was probable that witness would have been deprived of it altogether, as it would likely have been blown out to sea ; found a pair of oars in tho b -at, which witness reeoguiaod as belonging to Uap'.-.m Crapp, Mounted ConaiaMe Matravors, A.CL, deposed that ho had an . .-,t. d prisoner on Saturday last, according to instm lions, at Muketu ; on being taken into custody prisoner stated that he had come across tho river in a Maori oauoo with three natives as Brown would not take him over. Sergeant Nadon here applied for an adjourn* meut until the following day, which was granted.

YESTERDAY. (Before Major Roberts, R.M ) William Hunter was brought up on roman<s. Proßecutorrecalled, in reply to Ills Worship, said ho was not aware that the prisoner had offered the boat for sale. Uobert McDonald, hotelkeeper, Tauranga, said lie remembered the 30th of October last ; saw the prisoner that night; ho was in his house a few minutes before 10 o’clock j served prisoner with a bottle of rum, and gavo him some sandwiches, as ho stated that ho was going to Makotu ; prisoner walked away in the direction of the ferry. Nathan, native mailman, saw prisoner at one o’clock a.m. on the 31st ultimo at Mafcapihi; Hunter came over, lie behoved, in Brown’s boat} ho wauled to biro a horse from witness; if witness had not anchored the boat it would have gone adrift; there wore no Matapihi natives over at Tauranga on the night in question, either with canoes or boats ; ho felt sure the prisoner came over in the boat. Sergeant Nadon submitted that if the boat had been lost or destroyed it would have deprived Brown of Ida livelihood, and might have caused great inconvenience t.o the Gorormncnt. The prisoner had certainly taken the boat across for the purpose of gain So himself, and with felonious intent. The prisoner, in defence, said he had been token over the river in a Maori canoe. His Worship thought, the evidence was not sufficient to commit prisoner to take his trial upon an indictable offence, and discharged him with a severe caution.