MAGISTRATES’ COURTS.

Globe, Volume VI, Issue 643, 11 July 1876, Page 2

MAGISTRATES’ COURTS.

CHRISTCHURCH. Tuesday, July 11. (Before G. L. Hellish, Esq, R.M.) Drunk and Disorderly.— H. F. Allen, who had been arrested on Saturday on the charge of drunkenness, and bailed out but did not appear when called, was again arrested on a similar charge on Monday night. As he had been before the Bench on previous occasions, his Worship sentenced him to three months’ imprisonment with hard labor. His Worship told Mr Ayers, who had bailed him out, that had he not done so, the man would have been sober on M onday morning and appeared in Court, when there might hot have been occasion to send him to prison for so long a term. (G. L, Lee, Esq., J.P.* here joined his Worship on the Bench.) Larceny. —J. H. Ford was charged on warrant with the larceny of some sacks, tin kettle, horse brush, bedding and a hammer, the property of James Hardingham. The articles had been found in accused's house, Ferry road. The prosecutor stated that he had lately lived in a house in Dyer’s road off Ferry road. He rented it to a man named Davis, leaving the property in Court with other things in the house. On his return he found the things were missing. Identified the articles produced as his property, and valued them at 10s. Accused said that he had bought the things from the man Davis for Bs. Inspector Feast said that accused’s place was used as a house of illfame. There were three previous convictions against the accused, and he was sentenced to three months’ imprisonment yvith hard labour. LYTTELTON. (Before W. Donald, Esq, E.M. and F. D. Gibson, Esq, J.P.) Larceny. Thomas Sadders, Thomas Newton, and Andrew Jeffrey, three lads, about twelve years of age, were brought up charged with stealing a piece of coral, the property of Captain Anderson, and a sack, the property of Mr AY. McKeevcr, butcher. After hearing the evidence, which proved the boys v/ere. utterly unmanageable, the Bench sentenced them to be confined in the In r dustrial School at Burnham till they had attained the age of fifteen years. Breach or Borough Bye-Laws.— John Armstrong charged on the information of Constable Devine with having his chimney on fire.was fined 10s and costs. Slaughter-house License.—An application was made by Messrs Garforth and Lee for a license for their slaughter yard at Corsair Bay, Adjourned for a week, that the local Board of Health wight be communicated with. Civil Case —Lucas v Meier ; claim, £ 3 4s lid, judgment summons ; MrH. N, Nalder for plaintiff ; defendant was ordered to pay the amount at once, or in default to be imprisoned for two months. KAIAPOi.' ’' Monday, July 10. [Before O. Whicefoord, Esq, R.M-» and J. F. Fletcher, Esq ] <■ PußLiciiousß Licensing Act.— An extension of license was granted to B. Monk, Kaikainui Hotel, for a dinner and ball on Wednesday evening. Larceny. —Daniel Stackwood, in custody, arrested by constable Haldane, was charged on information of Norman Evais with stealing a pair of stirrup leathers and irons. Mr Thomas appeared for accused. The arresting constable said the property was pointed out by prosecutor, and subsequently identified by him. Inspector Barsham deposed that Evans had reported the loss of a saddle, and from information received he took possession of fhe one produced, which was on a horse ridden by accused, but then standing in -'methurst’s stable. The prosecutor identified the leathers by marks which he pointed out, v *z, N E on each of them. Norman Evans deposed—l reside on North road. I know accused. Have not had any business iransactions with hiin. Had pp bjjl pf sale from him, and I did not act on behalf ot Mrs Dale. Mrs Dale had a bill of sale over his goods and chattels. She had a proper bill of sale, and a schedule of the goods enumerated. There was a gent’s saddle in it. 1 claim it as my property. It was nearly new ; the scat part washogskin and the flaps common leather. I lost this saddle. The leathers were nearly new, and did not belong to that 1 bought them in Chrito

church. I lost it about the latter end oi March, and advertised the loss; The advertisement in Press of April 6th is the one. That was a Wednesday. It was on the Saturday previous that I lost them. I am am positive I never gave the accused permission to use or take the leathers away. I had marked the leathers with the scratch of a knife NB of the inside about three or four months ago. I identify the leathers as my property, but not the irons. The irons are like those that went with the saddle, The saddle was sometimes at the north road and at times at Rangiora, and in place in which accused would have access to it without my knowing it. I did not see accused riding a horse on Thursday, nor did I examine the leathers on the horse., The saddle was stolen from Rangiora, and I lost other things besides. By Mr Thomas—l have not seen the saddle or leathers since they were lost till they were in the hands of the police, and 1 identify them by the marks which were on them. I was not a party to the bill of sale. I prepared it all myself, I dont think I made any charge for it. The bill of sale is over accused’s property. I never charged deed expenses £7 7s, nor £5 5s for deed expenses or for stamping, and registration £2 2s, The bill handed in is in my writing. It was never charged or paid by accused. For the defence Mr Thomas called, Mark R. Thompkins—l am an hotelkeeper at Woodend. I hare lately lent a saddle to accused. The saddle was complete with leathers and irons. He had it twice. He had it on Wednesday or Thursday to come to Kaiapoi, I identify the saddle in Court, and I am 'satisfied' the leathers and irons are my property; I swear positively they are my property. I see the marks NB and ENE shown to me. These marks were not on the leathers when in my possession. The leathers have not been returned to me. By police—l am positive the leathers were not marked before I lent them. I have had it over five years. By Magistrate—l have no mark on the leathers, but have cleaned them Regularly and have not the slightest doubt but they are my property. F. Ward— I am in the employ of Mr Thompkins, in the stable. I was present when a saddle was lent to Stackwood. I should know it again, having known it five years. The saddle had leathers and irons. The leathers and the stirrups produced are Mr Thompkins’. There is no mark by which I know them except their appearance and the holes at which I used to use them. I have not the least doubt they are Mr Thompkins’ leathers. The marks ENB and N E have been done since I saw them last. I never saw that mark on them before. If it had been there I must have observed it. This is the saddle complete as Mr Thompkins’ lent it. E. Smethnrst—l keep a stable at the North road diningrooms. I saw accused’s horse there on Wednesday. Noticed the saddle on it. The saddle, leather, and irons, are those produced. On that day I saw Evans at the stable, as I was unsaddling a horse which I had b en riding. He asked for Stackwood’s horse. I told him I did not know it. He went to the other horse in the stable, which was, I find, Stackwood’s, and put there by the police. He walked round and examined it. He said, “ It’s a very cheap horse this.” I said, “How’s that?” He said, “ Some fool of a fellow spent a cheque at Thompkins’, and this is the horse.” During the time he was examining the saddle, and said, “ These are my stirrup irons and leathers, but the body of the saddle is not mine.” He said, " I wonder whore the d—• the body is?” While handling the near side leather he made a motion of his hand to his pocket, and held the leather in such a position as if he was going to mark it, and put his band back. We went out of the yard to the footpath together. The impression made on my mind was that he was not sure about the leathers, and that he had marked them. While on the path Mr Braddell hailed me, and I went to him, and on turning round I said—“ Where’s that man Evans.” Braddell said he is in the yard. I said, * Come here, I have an idea he is up to something.” We went into the house. From a window overlooking the stables I saw Byans marking the tongue of one of the leathers. He turned it so as to mark the inside. Mr Braddell saw him putting the instrument he had used into his pocket, and then he went out of the yard towards Anderson’s the blacksmith’s. After be had gone, we went to examine the leathers, and there was only one mark on one of them at the end. I swear to this distinctly. I remarked to Mr Braddell, I thought Evans was up to something. We wont into the house, and were going through some calculations, when I saw him return to the stable, { said to Mr Braddell, “ He’s here again, come here,” so he came, and we stood so as not to be seeni Evans yvent up to the horse qn the off side. He examined the stirrup leather, and during the time was anxiously looking round, and placed himself in such a position as if doing something else, and to us appeared to make marks on the leather. I could not see what be had in his hand. He went under the horse’s nepk to the near side, where he put himself jpto thp same position as before, and marked tßp stirrup leather on the other side, only making two impressions instead of three. He went away from the yard, and Mr Braddell and myself went out and examined the leathers, when we immediately saw the jparks now on the leathers, the near side marked NE being newly scratched, the off side KNE, which was also quite new at that time. Only the small No on the tongue was on the leathers when I first them. I left then. I put a person to watch if he came again. By Police—l could not make a mistake about the identity of Evans. C. Braddell. accountant, gave corroborative evidence. By police—l was not more than fourteen or fifteen yards away, and saw Evans’ proceedings quite clearly. J. Anderson, blacksmith, said on Wednesday afternoon Evans came to my shop franx the direction of Smethurst’s. I saw him touching the horse nails, but did not sec him tak<? any of them away. With such a nail it would be possible to mark the leathers in the way they are marked. Mr Thomas said this was the case, and he did not think it would be necessary to address the Court on behalf of his client. The Magistrate said it would not be necessary, the charge against Stackwood was dismissed, and after the evidence given he directed that an information be laid against Evans for perjury (applause, which «as instantly suppressed by the officers of the Court). Cattle Stealing— D.-iStacjcwood, on information of Norman Evans, was charged with cattle stealing. Mr Joynt appeared to prosecute, Mr Thomas for the defence. Evidence was given by Trooper Smart of accused’s arrest, when he admitted haying the cow, caught it, and sbdwed tfie constable its brand; N, Evans, who made it ap-

pear that the animal, included in a bill of Bale to Mrs Dale, had been sold by her to him with other property for £265 .but there had been certain agreements made, allowing accused time to redeem his property; and Mrs Keetly who stated she saw accused lead the cow from Mrs Dale’s after going to th e door and if as looking for Mr Dale or Mr Evans. The Magistrate said there appeared to have been no concealment in the case, nor felonious intent; the accused ought to have tested his right to the animal by civil action, and dismissed the case, observing, however, accused only had himself to blame for the trouble brought on himself. Cattle Trespass.—B. Donaldson was fined 6s and costs.

Bail WAY Act. — David Boyd, on information of Detective Kirby, was charged wi' h obstructing the Kaiapoi-Eyreton railway at Ohoka crossing on June 17th. J. Newton and J. Comer, guard and driver of the 430 train, said accused bad a horse and light cart on the line ; they had to put down brakes and nearly stop the train. He got clear of the line a few yards only as the train came up. Fined 40s and costs. Civil Cases. —T. Williams v Peetow, claim £5; judgment for repairs to a vehicle to be made good. S. Johnston v Marsden, claim £2 12s; judgment for plaintiff for £1 4s. (Before J. Birch and J. P. Fletcher, Bsqs ) Perjury. —Norman Evans, on the information of inspector Barsham, was charged with wilful and corrupt perjury. Constable Haldane deposed—l administered the oath in the case of Begina by Evans v Stackwood to the accused. I saw him kiss the Bible. I recollect accused coming to the inspector’s office on Thursday morning after 8 o’clock, and reporting the loss of a saddle and stirrup irons. He said that about the month of April last he lost a riding saddle, and had advertised the same in the papers. He said that the stirrup leathers were marked—on one ENB, and on tbe other N.B. On the day following a saddle was shown to him, and he identified the leathers as his property, as they bore the marks described by him on the day previous. The leathers produced are the same which he identified. I do not remember his saying when he marked them; but he made a maik with his knife to show how he had marked them. He said he suspected D. Stackwood of taking them, and no doubt the saddle belonging to the leathers would be found where Stackwood bad borrowed this saddle. Accused did not identify the saddle. By accused—lt was on the evening of Thursday before 12 o’clock that you came to the office. B. G. Kerr, J.P, deposed—l know accused. He came to me on Saturday afternoon last in my capacity as justice of the peace, in company with Constable Haldane. He said he wished to lay an information against one D. Stackwood for larceny of a pair of leathers and stirrup irons. I then filled in the information (handed in). I read it carefully over to him ; it was then duly sworn to and signed by him. Inspector Barsham deposed -On Thursday morning last about 10 o’clock accused came to my office to make enquiries about the cattle-stealing case, and said he had lost a saddle about three or four months ago, and he bad heard that Stackwood had one, part of which be believed to be, his property. He said he had marked the leathers withßNE on one, and NE on the other. I asked him how long since it was that he put these marks on. He replied three or four months ago, but could not say till he had referred to the advertisement. I asked him jf the brands would still be visible; he said quite eq. I then took possession of the leathers produced, which he identified. On his statement I detained them. , Caleb Whitefoord, R.M, deposed—l am a justice of the peace for the colony. I heard a case this morning of Regina by Evans v Stackwood on a charge of larceny of stirrupleathers. Accused- was called as a witness, and duly sworn in my presence. I produce my note book, in which I made a memo of his evidence taken at the time. He was examined with regard to the identity-of the Stirrup leathers produced in Court, and stated he marked them with a mark NE on the inside of the leathers. He swore he marked them before the sth of April. . I now use his own words : “ The leathers now produced I identify as mine by the marks on them ; there is not a doubt about them,;’ and in reply to inspector Barsham, said he had not seen the leathers since the time he lost them, and also stated the mark was on them before he lost them, I consider the accused was a material witness, and the evidence he gave was material to the issue. Daniel Stackwood, fariper, deposed—Was arrested on Tuesday, on the information of accused. Had the saddle in Court borrowed from Mr ThompkiDf) Woodend, and the leathers and irons produced. This saddle and leathers were neyer in my possession till the Tuesday. Heard accused, in case against me, state on oath that he marked the leathers three months ago. By accused—There was a saddle at the farm, and when it was missing I to!4 you I could tell you where it was. I brought a saddle back to tbe farm after you pleated out. The leathers ifl Court did not belong to. that saddle. I am ploughing for Mr Thompkins. M. R. Thompkins, hotelkeeper, deposed—On Wednesday or Thilrs day I lent Stackwood a saddle, withleathers and irons. The leathers and irons produced are my property. By accused— Stackwood worked for me. He had access to the stable. I have had the stirrups five years, but have no piivate mark on them. I am ppjitive the leathers are mine. The saddle was usually locked up in an iron store. By Bench—The marks were not on the leathers when I lent them to Stackwood, nor did I authorise any one to so brand them. P., Ward, stableman, gave corroborative evidence, stating, I know the leathers by the holes I use when riding. The saddle is kept in the stable By ac eused—lt has been always kept in the stable, which is only locked at night. Edward Smethurst, licensee North Road dining-rooms, deposed—On Wednesday Stackwood s horse was put up in my stable. I saw accused that day examine the saddle and leathers. He said the latter were his, but not the body of the saddle. He said he had lost the leathers about three months. Witness then gave similar evidence to that given in the case Regina v Stackwood, which was corroborated by Charles Braddell. George Freeman Hewlings gave evidence in proof of tbe depositions taken in the case Regina by Evai.s y Stackwood', quoting his (Evans’s) statemGnthat he marked the leathers four or fiye months ago. Having been duly cautioned, t)ie accused gaid he had nothing to say. He wished tq ask for a remand to make a defence. The Bench refused the application, snd committed him for trial, bail being accepted. two sureties £ISQ each, and accused }» «m