Feilding R.M. Court

Feilding Star, Volume XIV, Issue 54, 25 October 1892, Page 2

Feilding R.M. Court

Monday, 24th October. Before Messrs Sherwill and Kirton, J.P.s Henry C. Coohran, in custody, was bought up charged with larceny as a bailee of a horse, saddle, and bndle, valued at £20 9s 6d, the property of his employers, the Colonial Mutual Life Insurance Society. Mr Moore appeared for the accused. C. H. Osmond, insurance agent, deposed that he was the reoresentatiye for the Colonial Muturl Life Insurance Society in the Manawatu aud Rangitikei districts, with authority to appoint canvassers ; the accused commenced his duties on the Ist of August last in Birmingham ; the horse, saddle, and bridle were the property of the company ; wituess last saw the horse in a paddock at Kiwitea on the 6th of September ; on the 9th of September witness instructed the accused to bring the horse and gear on to Woodville, but he failed to do so ; witness next saw accused in custody at the Feilding station on the 14th of October ; on the 19th and 28th of September, witness wroije to the accused and instructed him to come on to Woodvilie ; the accused wired he would do so on the Thursday following, but did not turn up ; consequently witness issued a warrant for his arrest ; witness did not at any time give the accused instructions to dispose of the horse and gear. Cross-examined — Witness did not make any statement to Matthews that the company would indemnify him in case of loss ; witness went into figures in the middle of September with the accused, aud anticipated their joint commissions would amount to about £56, if all the business was completed which he anticipated doing, of which amount two-fi t'tb.9 would be due to the accused ; witness heard the accused was on the spree in Palmerston, and went thore on the sth of October to enquire about him ; witness bought the horse for the company, and accused brought it to Birmingham ; Accused's salary was sent to him by the company. Ke-exa miued— lf the accused had carried out witness' instructions to go to Woodville, his cheque for wages would have beeu duly received by him. James Stewart deposed that he knew the accused, and also the last witness, and that the horse in question was left at his brother in- laws place ; the accused look the horse away about the 15th of September, and said he was going to Woodville with it. Ernest D. Browne deposed that on the 6th of October he bought the horse, saddle, and bridle from the accused for the sum of £9. Cross-examined — The horse was in poor condition at the time ; witness valued the horse at £6, the saddle at £3 10s, which at that time was its full value ; accused said the horse was bought from a man named Shepaleski. M. Osmond, repealled, said the horse was bought from a Mr Hodgman of Coal Creek. Frank Carle Matthews, for the defence, stated that he valued the horse at about £7 on (he 10th mst ; on the Bth of October, witness had a conversation with Mr Osmond respecting the horse, and Osmond said tbe buyer should lose nothing if the horse were returned. Mr Moore asked the Bench to take into consideration the circumstances surrounding the case. The accused had merely mistaken his position, as regards the ownership of the horse, and counsel appealed to the Court to dismiss the charge. The Bench committed the accused for trial. Henry 0. Cochran was further charged with embezzling the sum of £2 13s sd, the property of his employers, the Colonial Mutual Life Insurance Society. On the 16tb of September, the accused received £2 13s 5d from Thomas James, and this sum he bas not accounted for ; witness asked Mr James, in Feildmg, for this amount, wheii he replied that he had already paid it, and produced the receipt now in Court. Cross-examined— Witness had never asked the accused for this amount, and laid the information before he found the accused. Thomas James deposed that on the 1 6th of September he paid the accused £2 13a sd, being an amount due as premium for witness' life policy. The accused was committed for trial on both charges to the Supreme Court, Wanganui, but was admitted out on probation. Arthur Edward Arnott charged John Marshall with a common assault on the 9th inst. Mr Sandilands appeared for the complainant, Mr Prior for the accused. After hearing the evidence, the Bench dismissed the case as a most triyial one.