Fielding R.M. Court

Feilding Star, Volume XI, Issue 39, 14 September 1889, Page 3

Fielding R.M. Court

Fihday, September 13, 1589. (Before Messrs Sherwill and Kirton, J.P.s.) HORSE STEALING. Daniel Phillips was brought Up on refcnand, charged with stealing a horse from John Bork. .The charge was laid tinder the Larceny Act, 1867, section 3. ■ Sergeant Manning conducted the case for the police; John Bork deposed ; He was a laborer residing at "West Waitapu, near Cheltenham ; knew the accused, who had been working for witness for eight weeks, prior to. the 26th of August, at 25s per week, at bu'shfelling ; at" "that date owed him no money ; last' Monday 'fortnight, August 26, accused asked for the loan of a horse, r saddle and bundle to go, to Makino road as he had business to do there ; Was then owner of a dark bay entire horse with white streak on forehead ; also a gents : saddle and' single rein bridle, with snaffle bridle ; James Arisford was present at the time; agreed to let him have the horse, saddle arid bridle if he was careful with ; them ; he said lie would be back the same evening ; he did riot return ; witness came to Feilding in the beginning of September, | • and from" enquiries made found the accused had sold the horse, saddle and I bridle ; witness identified the horse which i was outside the Court House in the yard ; also the saddle and bridle produced ; the whole value is .£6 ; did not give the prisoner or any other person authority to sell or dispose of them in any other way ; saw accused in Feilding ; asked him what he had done with the horse ; he said he had sold it because he was hard up, it Was done now and could not be helped. By the prisoner : They were mates at the start of the contract, but afterwards he : :was~put on at 255;. they worked as mates for a short time ; went to Halcombe to buy an entire horse; Mr Shannon was in the whare when he returned ; there was some chafl: going on ; said the horse would do for packing on the Wanganui Block; did not receive an offer of '20s for the horse ; did not remember an offer of 30s ; had lent accused the horse one Saturday to go into Halconibe ; did not sell, the horse to witness for £2 10s ; remember Charlie Young coming down the road one day and accused asked why :Jie did not take this horse to ride to find his .own ; Young said he would go back and get him ; did not object because he had told Young he could have the horse ; never heard accused call the horse his, or offer to sell it to anyone ; remembered the horse being away ; did not say it did not matter whether the horse was lost as he •would not be responsible. Re-examined by Sergeant Manning : Have a receipt relative to the horse — produced—dated July 9, 1889, from W. Page ;for £2 10s ; never offered to sell the horse, saddle or bridle to accused, or any other person ; accused was mates for three or four weeks when witness said he would pay accused 25s a week from the beginning of the contract, which had been paid. By the Court : They were not mates in the ownership of the horse. James Ansford deposed: He was a laborer employed bushfelling with the last witness ; knew the accused Phillips ; *emember being in the tent with Phillips and Bork some time in August ; accused asked Bork to lend him his horse, saddle and 'bridle to go to Makino store ; Bork said, Yes, but be careful of them ; accused did not return them again; knew the horse, which he identified ; also the laddie and .bridle. By the accused : Had not heard accused «ay he had bonght the horse off Bork ; did not offer to sell witness the horse in the •camp ; never asked witness how the horse would suit him ; never said he wanted to ■buy the horse. Stephen Harris, laborer, Feilding, deposed : He knew the accused, whom he saw in Feilding at the latter end of August ; had a conversation about a horse, selling one ; accused asked if witness .wanted to buy a horse ; he had one with him,. a dark bay entire horse, in very poor condition ; witness told accused he did not want to buy a horse ; accused said h e would sell it cheap, for 30s ; bought the horse for 25s cash and the other 5s on pay -day — had not yet paid the latter; identified the horse; receipt produced, dated August 22; the writing was by the acxjused; the signatures were made at two different times ; accused left the saddle «,nd bridle with witness, at his request ; he returned for the saddle a few days later ; asked Phillips' if he would sell the saddle ; bought it and the bridle for 10s and obtained the receipt produced ; saddle ■and bridle identified. By the Court: Accused wrote both receipts. By Sergeant Manning : The horse was with him about a fortnight and the saddle and bridle about a week ; then he exchanged them with George Wills for a brown mare ; receipt for exchange produced. George Wills deposed : He was a laborer living in Feilding ; on 31st August, 1889, received from last witness a dark brown •entire horse, with saddle and bridle, in exchange for a black mare (identified the horse, saddle and bridle) : they remained in his. possession up to the 12th September, when he handed them to Constable Meehan. Constable Meehan deposed : He was stationed at Feilding ; on the 12th instant received from last witness a horse, saddle and bridle — produced; arrested the accused on a warrant on the sth instant ; told him the charge ; he said he did not steal the horse, he bought it from Bork ; he also said the bridle- and saddle were not his, but he told him (Bork) to get another saddle and bridle at the Makino store in his name. By the accused : It was not at Crabb's store he said. Bork was recalled by the Bench : Bought the saddle and. bridle at Crabb's store, Halcombe, for £2 10s, long before he ever saw Phillips. £■■' Accused, who had nothing to say, was committed for trial at the next sittings of the Supreme Court at Wanganui on the 15th of October.