MAGISTERIAL.

Gisborne Times, Volume XXVI, Issue 2106, 4 February 1908, Page 1

MAGISTERIAL.

MONDAY. FEBRUARY 3

(Before Mr W. A. Barton. iS'.M.) ALLEGED HORS.E-STKALING.

Haro Maionga was charged with having in 1902 stolen a mam the proporty of Hohepa Kahuroa. Detective Maddern cond-uotml the prosecution and Mr Finn represented accused. Hohepa Kahuroa, l’atutahi, gave evidonco that five years ago lie was living at I’akowhai. At that time accused came to I’akowhai with a number of Ngatiporou to attend a tangi. Witness had an iron-grey mare about nine yqiirs old running in Te Mnkue’s paddock. There was no brand on it. Could recognise the horse from tho fact that all its legs wore black to the knee. There was nothing olso he could identify it by. Had had the mare since it was a l'oal. Missed the mare about live years ago. Did not see accused from tho time tho mare was missed until a week ago. Searched unsuccessfully for the mare, but did not see her until shown her in the Albion stables that morning. Never had any dealings in horses until accused. The value of the mare was £25. Had no doubt that the horse seen that morning w is tho one missed from Bakowliai. Soon after the mare was missed was informed where she was. Informed the police about- a month after missing the mare, and obtained a. warrant for the arrest of accused. —‘By Mr Finn: In Te Mukab’s paddock there was another iron-grey horse belonging to Te Mnkae. Did not know if it was branded. Em AATiarokilii had an iron-grey horse, hut witness did not see it in the paddock. Could not- say if accused was riding a chestnut ltorso when he arrived at Bakowliai. Heard later 111 at accused had exchanged this horse for a roan horse belonging to Km AVharekihi. Did not know flint the Ngatiporou who came to tho tangi intended to take up work at Bakowliai. Tho Ngatiporou, including accused, remained only about two weeks. Shortly after the horse wis missed witness sold tlite inaro for £l2. —Re-examin-ed: Found the mare in the posses; sion of one McClutchio at Awanui and claimed it. Sued McClutchio for the return of tho horse, but the Court decided that the case could not go on until accused was arrested. After that action McClutchio offered to pay witness £l2 and keep the mare, and witness agreed t-o this course.

Makao Rangihouea, Bakowliai, said he remembered Holiepa’s mare running in his paddock. Had known the mare since it was a foal. When accused left. Pokowhai lie went away about 2 o’clock in the morning. After accused left, a borse belonging to Hohepa and one belonging to witness were missed. Later in the day witness found his own oil the road. Picked out a horse from others at the Albion Stables that morning, and knew it at once as Holiepa’s.—By Mr Finn: The p uldock in which Hohepa’s horse was running was 33 acres in extent and was all fenced. The only horses in the paddock were Hohopa’s iron grey -and a chestnut of witness’s. Thero were iron-greys in a paddock about half a mile awav where tlie visitors’ horses were. Did not know Km Wb irekihi had a horse like Hohepa’s. Remembered accused arriving at Pakowhni. but could not remember the color of his horse. The paddock where tho visitors’ horses were, was over 300 acres in extent. Did not know that accused was in Gisborne for a week before t'lio -augi Henry MeClutchie, sheepf armor, Tuparoa, said that about five yea’s ago lie gave his son money to buv an iron-grey inaro from accused. On that occasion did not personally deal with accused. Had seen tho mare that morning at the Albion stables, and had seen if: ill accused’s possession at Tuparoa. After ’ uy'ng tho horse, heard from Wi Mauraki that it had been stolen. AYont.wj.lt Haora ki to accused’s camp. M ituess suggested to accused that he should return tho mare to Hohepa. Accused said lie exchanged a chestnut iioiso for the mare. Later on witness was warned to keep the horse, in view of police proceedings. About two days after tho interview, missed the marc out of his paddock. Went u> accused and taxed him with liavng lemoyei: the mare. Accused lived l ino miles from tlm paddock where ihe maio was. Tho m.ire was found later atAVaikohu, sineo when witness had not seen accused again until that day. Detective Maddern asked for a r emand. A. surprise had been sprung on him by tho witness nlrCl'itcii'c, whom he understood had personally bought tho marc. It was stated lint voting ..icCli'tchio would be in Gisborne oiAAtiluesdav, and a remand until 2.30 p.rn. on that day was granted. DRUNKENNESS. A first offender was dealt with :n tho usual way. Robert Hastie was fined 10s. w to costs 2s. .' ' r ... Louis Fredenckson was uiicu *J, with costs 2s, in default four t'ev? imprisonment, ho having boeu onto previously convicted lyithm sx months.