MAGISTERIAL.

Gisborne Times, Volume XXV, Issue 2047, 26 November 1907, Page 1

MAGISTERIAL.

MONDAY, • NOVEMBER 25,

(Before Mr. AV. A. Barton. S.'jYl

I Drunkenness. —Edward Clements, convicted of being.drunk in a public . place, was fined 10s with 2s costs, in default 48 hours’ imprisonment. Old Age Pensions. l —A short sitting of the Old Ago' Pensions Court was held, when the following renewals, were granted: —Margaret Hicks, £26; Mary Leo, £26; Ellen Peterson, £26; Hannah Rice, £26; jjiiu Shaw, £26. Juvenile Case. —-In the Juvenile Court a Native boy was charged with the theft of a watch, the i>roperty of a Te Haraloa resident.; After an admonition from his AVor- ! ship the lad'was dismissed. Alleged Horse-stealing.—Phillip James Budge appeared on a charge of haying, in. May last, stolen ono horse," the" property of AVialter O’ Bnien. Accused pleaded not, guilty.

and was defended bv Mr AV. L. Rees. Detective Matldern conducted tho prosecution and called Welter O’Brion, who deposed, that in May of tho present year, ho was busbfellihg on Mr,-,E. M. Hutchin-

son’s Tahora station. . He knew' “accused, who was working on the same'

station on a section adjoining witness’s. AA’atness had a roan mare branded on tho near shoulder, with a dished forehead and a white hind foot. Bought tho mare in tho. saleyards in Gisborne for £5 10s, i ,utcould not swear to tho brand.

After purchasing mare took her to AVaiiroa and subsequqontly to-Ta-hora, from wliere.be missed her during May.', After searching two (lavs reported the matter to the p-.lice.

Identified mare'in-courtyard as his property and valued her at £ll. JS'o person had authority to remove mare from the paddock she was in. To Mr. Rees*: Got a. receipt from auctioneer- at time of purchase, hut had since lost it. Knew accused had ridden a horse to Taliora and turned it out' there while working. In witness’s opinion it was possible, that accused might have taken :Jiemare by mistake. Did not know that accused had started for Te Itaraka, but afterwards heard that he- had ridden the mare to Opot.'ki. To Detective Maddern: Had not seen accused’s own horse, but had heard it was brown, and again, that, it was grey.—William Jacques cor-' roborated the evidence of the .i.revious_ witness as to purchase, and description of the mare, and stated that lie was part owner of her. When searching for -the mare in Juno last on Mr Hutchinson's, lie saw no horse anything like her. IS ext saw the mare in Gisborne last week and identified her as he or© which had been removed. J’o Mr Rees: Had heard accused had a horse up at Taliora. To the Bench: 'Hiad also heard that it was very much like witness’s mare.—Cornelius Neeiva-n, Hotelkeeper, Ormond, was the next witness called and stated that in February last lie .gave tile accused a horse, saddle, and bridle at the request of Mr Buck land. -Had seen the mare alleged to have been stolen, 'n tflie courtyard that morning. The mare •lie gave accused was - branded V'L on near shoulder, while the mare in t-ho courtyard was branded C N fconjoined)—witness’ own brand. : ine two mares were similar, both haying what is known as an “intelligent head. Witness could not mistake one for the other, but considered that , another man might do so. To Mr Rees: Valued horse nehad handed to accused at £5 ’ Did not think it strange that ac«mde a, mistake in deuce, and stated that~ho mot as"- T * bused riding away from Tahora on •April 20-th.-—This closed the case for tlio prosecution, and Mr Rees 1 addressed tho Court , for the • defence, commenting on the weak-' ness of the case against his client, Counsel, continuing, pointed out, that it was merely a ease of accused having taken the wrong mare by mistake. Until that morning accused was under the belief that tho mare in his possession mas the one he obtained'from Mr C. Neenan.

Accused- desired to give evidence and after the customary caution had been ,read was sworn; . In reply to Mr Rees, accused stated that he got a horse from Neonan in February fast and Went straight from Or.mond to Tahora, where he turned it out with the , other horses. After working nine * weeks, he left and was told that his * horse was still

running with the others in The paddock. To his Worship: Had not seen the horse for nine weeks. Witness, Jurther stated’that, he wont to look for his horse land met the Ranger, to whom" he gave a description of the horse. The Ranger directed him to a certain spot and there lie fouild what lie thought to bo his mare. He caught the mare and rode away, staying an Te Karaka for 3 weeks, and then .going to Opotiki, where he Was arrested on Nov. 16 on a charge of horse-stealing. "Witness had no reason to doublt that the mare in his possession was the one lie obtained from Mi - Neenan until he heard the evidence, as to

the similarity of the two, wheii lie thought he .might' have made a mistake. To Detective Maddern: Did not look at brand on horse he re-* ceived from Mr •Neenam Would sooner walk out from his work than take another man’s horse. —His

Worship in giving - judgment said that after hearing the evidence, he had no doubt that the mare really belonged to the witness O’Brien, but- was convinced that accused had taken it iu tile belief that it was

his own. Such a mistake might occur owing to the similarity between tlie two animals in question. Accused would accordingly be discharged.