SUPREME COURT — WESTLAND DISTRICT.

Grey River Argus, Issue 83, 24 July 1866, Page 2

SUPREME COURT — WESTLAND DISTRICT.

(Before his Honor; Mr Justice Gresson.) FiapAY, July 20th. ■ [Abridged from the West, Coast Timef.) ... ■• J,AXCEJfY AS A BAILEE. John^eiitick -Blanc was charged 'that on the sixth day of, March, 106(S,"being then the baileo of; a certain gelding the property of Isaac Froith, did unlawfully and;fraudulently ' convert»the same' to his ewri use,'and thereby did feloniously steal th 6 same. Prisoner pleaded N:ot,X3uiity, and wa3 .defended by Mr South. -s. '■•-..-' The Crown Prosecutor in opeiiing, the case stated- that the indictment* was laid under the "^Fraudulent Trusbees Act," passed- in New Zealand in 1860. ■ He said that heiri T tended to prove that in January last the prosecutor instrucbod the prisoner to bring in-four horses, which were running at a place called, Ivaupai, about forty miles south of .the Grey, for which he (the prisoner) was ,$6 receive two of them. Among the horses were a marc and a gelduig, which the prosecutor especially reserved for himself. The prisoner was .to bring the. mare and gelding to Greymouth, in order that they might be shipped to Nelson. He broaght in the horses," but instead of delivering the gelding which, had bueu Ivscrved-he, withbut iauy authority from the prosecutor, sold ifc and appropriated the nioneyj ;and hev.ez* since aecptmted to the prosecutor for either- the gelding or the nionpj'.. ■. .- : . ■.';'; : \ Is:iac Fi;eitii deposed that .in January last he gavo prisoner; instructions /to get hi four hurscs from a place called Kaupai, forty niiles south of. thi Grey. .The horses, were two entires, one mare, and one gelding. He\\;as to '-bring them down to Oreymfuith, in order that they, might be sent to Nelson.- So far as he couM recollect, witiiesrdid not describe .the marks'. to thc»prisoner:.- He told him the ages — one ( five-year old gelding, brie aged mare, one rising .four-year. old entire, and one entire rising three years old. For payment witness . wtisto r giye^prisoner the two entire colts. "The gelduig an,d" the mai-e were . to be given to Mr Batty-' of tKe Wallaby,' in ord er that' they might" be shipped; to Nelson. Witness left for Nelson; He next saw prisoner about, the end of March ; witness spoke to- him, and asked him* ; if,-he. had got. the horscs_ (meainrig'wltriess' horses) down yet. He- said he had, and that thcy-werelup the river a' mile or two. He said the gelding was nearly " valueless— that he' wae " crooked in the .front • feet, • or'words <to that; effect Witness told prisoner he Avasastomshsd to he:yr it, as he yalubil the gelduig ; "and also . told him to get' it down by the' following Wednesday to. Greymouth. P.risoner.agreed to bring them down b,y that time. Prisoner was ,to have met witness^ oh^ board -the ; AVallaby steamer next i morning, .but he did not come. .From' information received; witness went to the CosmopbUtan' Stables in Greymouth, aad recognised 1 his gelding there, t and ascertainedthat the prisoner, had^sold it Several witnesses were called to testify to i the disposal , of. the horse, ; and Mr South, in defence, argued that no fraudulent intent had been shown"; and that the prisoner had misunderstood- the agreement." HiVitnesses "were called to testify to the good character of the prisoner, and the -Jury brought in ; averdict of acquittal, m which Eia-Hori^rsaid, he fully concurred-: "** ! - '•' • '& ■■: . ' ,-.-f I ! > ' . liftIBEZZLEMEUT. "' "'". '' ; ; ■ William Tait, atias. ' Charles Manders^was charged with having on the'iSth of March; embezzled certain . moneys . of his masters^ Alexander 'M'Lennon "arid' David Kingham. '>^fe ■- Prisoner. pleacledlfot^iiilljy, and was defended by MrO'Loughlin^H ' * -, The Crown Prosecutor 'said that the in-' dictment was:laidv.under,-T :and , 8; Geo;;4 c. •23, s. 49. Kg stated. the particitlars' of the; case, which'were'as "follows \ prisoner, who v/as in -th'e^seWice'of-Messrs' M'Lennon and l^gham/, the. prosecutors, -was left at Nelson's Creek in; : charge of some fifteen sheep. l *tor wait;ithere : until Mr M^Leririon or Mr Siigham-shouid return; or^if-h'e could'oibt-do-so, ••tblftpUi the Bheep, but at not less than 42s edper-head/ During the absence i of - Mr M'Lenrion^he prisoner sold four; ofr. the sheep to one Thomas Evans, at 30s per head, and decamped with the money.; So that when Mr M'Lennon returned he found- neither the prisoner, the qkeep,-, nor the 'money; ;.- The. prisoner had never accounted to. his masters for the money or the property.: ■.-. ■ „\ ■ ' .', y ■>, ■ . Ap it was not proved that the prisoner; had ref used to account for. the property, his Honor directed an acquittal, and the^ prisoner-was . discharged. ' '" ; .f " |■,