SUPREME COURT.

Daily Telegraph (Napier), Issue 4173, 5 December 1884, Page 3

SUPREME COURT.

V CRIMINAL SITTINGS

I'kstebday

(Before His Honor Judge Gillies.)

In tiio' (Mso of Frees eh arged with maliciously wounding a< horse, after we ■went to press yesterday afternoon, the jury returned with., a verdict of not guilty, 'and the priaone* Was discharged. • 1 ' HOR3E SITBALtNG. '" : , '" John i>riscoll ; w"<aS charged-with stealing "a ihare th'o property of F; H. Drower. Prisoner pleaded not guilty ; Mv ttppeitred for the defencfi, . ■ "■ . : : '':]?', H. -DrbWer' deposed—On the 29t]i Augnst he was possessed of a Lay mare that ho had owned for nine years. Next qaW the animal in the possession of the police. Neyer {HithQrjsed anyone- to take tihe mure away. / ■■ *F. H. Drower, junior, deposptl—Ho knew the prisoner. Eememborcd the inaro being ''missed. 1 ' Tho mare was branded "J." ■'•■'■ ■ -M A; Potters deposed to meeting tlie tirisb'h'er.nedr Palmereton. Prisoner-said he Ld ridden from Waipukurau. The'-mare he was-riaihg- was a dark bay, with a little white in the forehead. Afterwards saw a

horse at the Waipawa Court that resembled the animal prisoner was riding.-. . / Ernest. Brown deposed to seeing prisoner at his stablea.with a bay. rrial'e at Palrnerston, ;at,- the' beginning of ' September. Prisoner told. him ; afterwards he had sold the mare to a man"nahied Sherin. Could not swear to the mare, but.to the best of his belief it was the same.

Patrick 'Sherin deposed he had known prisoner for sixteen or seventeen years. Saw him at Palmerston some time in September. Bought a bay mare,from prisoner for £8. The mare had no brand. The police came and took the mare away.' Saw the mare at Waipawa Court, it was the same mare. To Mr Lascelles : The mare at Waipawa had an old brand on her, and two marks, pro-' bably caused by a' pack saddle. Peters passed him and did not recognise, the mare some days after ho bought her. When he bought the mare there was no. brand. To His Honor: "Would not swear that the mare he handed to the police'was the one he bought from Driscoll.Mr Lascelles addressed the jury for the defence contending that it was a case of mistaken identity. His Honor summed up in the prisoner s favor" He could not see how a man could be convicted of stealing a mare, which the man he sold it to could not swear was the one he handed to the police. Without leaving the box the jury returned a verdict of not guilty and the prisoner was discharged. This Day. LARCENY. James Corrigan was charged with larceny in June last from Wairoa. Prisoner pleaded not guilty. Mr Lee appeared for the defence. W. S. Green deposed he was a cattlo farmer residing at Gisbonie. Had cattle running at Waihau lakes in Juno last. Knew the prisoner. In June last he was living in a house formerly occupied by him at Waihua Lakes. Tho land was leased by Lloyd and Corrigan, but with their permission his cattle ran on the land. Lloyd lived about three miles from Corrigau Had over ono hundred cattle on the land in June last. Had seen two cows and three calves there belonging to Corrigan, but no other cattle were running there. Did not know of any cattle nearer than twenty miles to the Lakes. Went to Lloyd's place about 20th June. Saw salted beef in a corner of the house. On his way to Gisborne, halfway between lake and the road, his dogs drew his attention to a piece of hide. Carried the piece of hide to a creek, washed it, and discovered his own brand on it, " G." Found the piece of hide about 150 yards from Corrigan's house. At Te Rcinga" saw a bullock's head and a piece of hide. There were two bullet holes in the head. Never sold Corrigan any cattle,nordidhegiveliimauthority to dispose of any or make use of any. To Mr. Lee : Found cattle straying from White's place on to his land a few weeks ago and turned them back. Had never seen wild cattle on Whakapunake. The hide belonged to a white beast, while tho head he saw belonged to a red beast. To His Honor : Had not mustered the cattle since to see what were missing. Tohu deposed—He knew where Lloyd lived. Went there on the 14th June. Prisoner came there shortly afterwards. Lloyd brought in a cow's heart and some fat. Next day (Sunday) Lloyd prisoner returned with a fore quarter. They went after breakfast and returned in the evening. They went on horseback and took a pack-horse with them. On Monday they brought another fore quarter, aud on Tuesday they returned with the balance of the beast. The skin was on tho beef when it was brought in—the skin was of a white

color. After hearing furthur evidence, counsel addressed the jury, His Honor summed up, and the jury retired to consider their verdict, but'had iut returned to Court when we went to press. I Left sitting.] ______