MAGISTRATES' COURTS.

Globe, Volume VIII, Issue 988, 25 August 1877, Page 2

MAGISTRATES' COURTS.

CHRTSTCHURCH. Saturday, August 25. (Before Gf. L. Mellish, Esq., R.M.) Drunk and Disorderly.—Colin Mackay, arrested for being drunk and breaking a glass case at the Al Hotel, was ordered to pay £ I, 1 amount of damage done. James Wood, senr., •who had been admitted to bail, appeared in Court in a state of intoxication, and was ordered to be locked up for twenty-four hours* for contempt of Court. A first offender, who had been drunk while in charge of a horse was fined 10s, and two others 5s each. Larceny, oe G-rain. —James Wood was charged on remand with stealing eleven bags, containing oats, wheat, and barley, belonging to Owen Stace, of Springston. Mr Izard appeared for the defence. Mounted-Constable Cartmill, who arrested accused at his residence, Springston, repeated his previous evidence of having found the property in a loose box attached to accused's stable. In crossexamination, witness said that when giving him information of the larceny, the prosecutor described the grain and said he had traced cart tracks from where the grain was stolen to a spot turning into accused's yard. He also said he thought the wheat was in accused's possession. Accused told witness before he was arrested that he had bought the grain on the previous Tuesday. Owen Stace, the prosecutor, called, stated that he was a farmer residing at Springston. He had about 160 bushels of grain in a paddock, at his place about a month ago, covered up with a tarpaulin. The grain consisted of of wheat, oats, and barley. There were about an equal number of bags of wheat and oats, and two bags containing barley. The bags of best wheat were chalked a kind of a cross and the growing wheat with a B, also in chalk. Witness saw the bags on Saturday last, and missed them on the following morning shortly after breakfast. On that morning witness first noticed wheat trailing out on to the road, a distance of about five or six yards, and on examination found some of the bags had been taken. A gap led into the road from where the grain had been stacked. There were marks of bags having been down in the mud and there were also dray tracks near to where the corn was leading to the stack, and the dray had been turned round. The tracks seemed to come from the direction of Springston, and, after turning, led back in that direction again. The track showed a broader tire than the ordinary Sydney drays, and also seemed to go zig-zag instead of going straight. Witness traced this track all the way to accused's house. On the following Tuesday witness accompanied Constable Cartmill to accused's house. The constable pointed out some sacks of grain in Wood's stable. There were seven bags of wheat, part of a bag of barley, and some oats, but witness did not count the number of bags. The bags were witness's property, and a portion of what had been covered up with a tarpaulin. Would swear positively that the wheat and barley belonged to witness, and the oats were similar to those that were in the stack. The bags in >?ourt containing wheat and barley were witness's property, and the grain was the same kind as witness had lost. Would not swear that the bag of oats in Court belonged to witness. Had never sold accused any grain, and he had no right to have it in his possession. The only person to whom witness had sold wheat was Mr Wilkin. Valued tin grain stolen at £7 1-s. In cross-examination. witness said there were sixty odd bags in tin stack. Would not swear there were seventy bags, but was pretty well sure ther, were nearer sixty than seventy bags There were none there now, but witness had missed seventeen bags on Sunday morn ing. Now thought there were sixty-thre< bags in the stack, and next day seventeen were missing. AH the wheat had a little

touch of chalk, the grown with A.B. and the best with a cross. The mark was very similarto that on the bags in Court. The wheat in Court was " grown." Did not know how many sacks of that kind of wheat he lost, only knew it was " Hunter's white :" had lost seven bags of wheat and wanted to'find them. Witness would swear that he had marked the bag of wheat in Court. Eecognized the bag of barley from the two holes in it. Witness would swear he saw a trail of wheat leading from his stack to the road. [ln answer to counsel, Constable Cartmill said that all the bags when found at accused's house were similar in condition to those in Court, and one was opened at the mouth.] Crossexamination continued Witness traced the dray tracks on the Sunday to accused's place, where they turned into the stable. Would swear he traced them to Wood's door. The day was fine. Pari of the road was hard, and the day was a dusty one. There were tracks of two or three trap's on the road. Gave information to the police on Sunday. Witness did not go to accused's place until IV Tuesday, because he had something better to do. Would suppose there were plenty of the same kind of sacks in the colony as those in Court. Accused's house was two and a half miles from witness' place. Albert Stace, farmer, at Springston, called, stated that he was often at his brother's place. Knew he had some grain stacked in a paddock, consisting of oats, wheat, and barley. The wheat and barley in Court was very similar to his brother's grain. When assisting to remove the remainder of the bags in the stack, witness observed that some of them were marked with a B in chalk. Witness traced the cart tracks with his brother on the Sunday from the stack, as far as Wood's place. Witness was present when the grain was being thrashed. In crossexamination witness said the Sunday was line when he traced the cart tracks. Some of | the road was hard, part shingle, and others tussock. Witness had been a bankrupt lately. Mr Izard called Hugh Stace, cousin to prosecutor, who stated that he sold accused six bags wheat, three bags oats, and about a bushel and a half of barley on Tuesday week, and delivered thern to accused at his house on Monday. Witness delivered it in the stable, and was assisted by a man named Anderson. The price witness got was 4s 0"d for the wheat, 2s 6d for the oats, and he gave Mrs Wood the barley for her fowls. Gave accused the receipt produced on Monday night when he got the money. The wheat was "Hunter's." some long tartar, and the rest short. In cross-examination by Inspector Buckley witness said the wheat was sprouting and was only fit for fowls feed. Witness had ! marked some of the bags with a cross, and others with a B in chalk. This was to distinguish the bad from the good wheat, as he intended to sow the former. The bags had blue strips down them. Mrs Wood made out the account, and signed it when he got the money in notes. Witness had grown the wheat himself, and had threshed it in January last. Re-examined The bags in Court were the same as those delivered to accused, but as there were hundreds of similar bags in the place accused would not like to swear to them. Thomas Anderson, called, stated that he lived at Springston. He was at accused's place on Monday last, when a dray came to the door with grain, and witness assisted to carry them into the stable. In cross-examination witness said . there were three bags delivered that he saw. : Did not see [any money pass between the I parties, but he heard Wood call Stace into ' another room and say he would settle with i him. Did not know what kind of grain it I was. The bags were tied in the mouth. Hugh | Stace, recalled, stated that some of the grain ! had been carried in before Anderson came ; out of the house. The wheat was sewn at | the mouth, and th/ bags of oats tied. Pro- ! secutor, recalled by the police, stated that his bags of wheat were all sewn. One or two bags of oats were tied, but the rest were sewn. The bags of wheat which witness saw in accused's stable were sewn, and the oats, which witness did not swear to, were tied. This concluded the evidence. Mr Izard submitted there was no case against the accused, as the only tittle of evidence against him was that one of the bags was marked -with a B. Hugh Stace (re-called by his Worship) said the grain which he delivered to Wood was taken from his own granary. He had shovelled up the wheat and oats, and had about 250 bushels of the latter now in a bin. Did not pass by Owen Stace's place to go to Wood's, as "that would be altogether out of his way. Did not know the width of the tires of his dray. At the conclusion of counsel's remarks, his Worship said he did not think it would be worth while to send the case to a jury, and would dismiss it. Case dismissed