RESIDENT MAGISTRATE’S COURT.

Hawke's Bay Times, Volume 8, Issue 403, 16 August 1866, Page 3

RESIDENT MAGISTRATE’S COURT.

TUESDAY, 14th AUGUST. {Bclore John Curling, Esq., BJM. HOESE-STEALING. Albert Franklin and Michael Fitzgerald, private soldiers, wore charged by W. J. Burton With horse-stealing. W. J. Buxton, sworn, deposed: I am a farmer, residing at Meanee. On Saturday the 11th, about half-past 8 o’clock, I came into town on horseback, and put up at Johnstone’s Boyal Hotel, There was no room in the stable for the horse, and so I tied him in the yard. I then went to the theatre. When the performance was orer, which was some time after X 3 o’clock, I

found that my horse, saddle, and bridle had gone. At half-past 9 on Sunday the horse, with the saddle and bridle were restored to me by Sergt. Sullivan. I valued them altogether at £4O. . Florence Sullivan deposed: I am a Sergeant of Police. On the evening of Saturday the 11th I was on duty at the theatre. I had a large overcoat on, which I gave to a policeman to put in Johnstone’s kitchen. After the first act was over I went to the kitchen, aad found that my coat had gone. A woman told me that.she had seen tbs prisoner Franklin pick up something dark. I went out to look for Franklin but could not find him. I had a conversation with a person who said they had overheard a conversation between Franklin and another soldier about taking horses and deserting. I searched every public house in the town, but not finding them, went to the police station and got the Inspector’s horse. I then rode in the direction I supposed they had taken, and overtook the prisoners at Tareha’s Bridge, just opposite the Shamrock Hotel. They were both riding on the same horse, and Franklin had my overcoat on. I accused them of stealing the horse and the coat, and took them into custody, Albert Franklin, being asked if ho had anything to say, said that he was tipsy at the time that he stole the horse, and did not remember anything about it; also, that he offered uo resistance when apprehended.

Michael Fitzgerald said that on Saturday night he wanted to go to the Shamrock Hotel to get out of the sight of the military police, he being a defaulter ; and that while going along the Whiteroad he was overtaken by the prisoner Franklin, whom he asked fora “lift," vuthout suspecting that the horse was stolen.

The prisoners were committed for trial at the next criminal sittings of the District Court, and the prosecutor was bound over in the sum of £SO to prosecute, and Sergeant Sullivan in the sum of £25 to appear and give evidence.