RESIDENT MAGISTRATE'S COURT, CHRISTCHURCH.

Lyttelton Times, Volume XI, Issue 648, 22 January 1859, Page 5

RESIDENT MAGISTRATE'S COURT, CHRISTCHURCH.

Tuesday January Bth. (Before J. Hah Esq., E. M.) LAECENY. Charles Rotter was brought up, charged with having stolen a meerschaum pipe from the Town Hall,'the1 property of Mr. Kesteven, on the

prosecution of Mr. Thomson, auctioneer and accountant. ••■ - ,

It appears by the evidenco of the prosecutor that at the sale by auction which took place on Friday, fourteenth instant, at the Town Hall, there were amongst other articles for sale several meerschaum pipes, one of which was handod by Mr. Kesteven to the prosecutor, and not being sold was returned to him to be put aside, and in less than five minutes after, it was missed, enquiry was made, and from information received the prisoner was suspected of having stolen it. No sufficient clue was however obtained till the Monday-following to justify the prosecutor in obtaining a warrant to search the prisoner's lodging, which, when obtained, resulted in not finding the missing property. When questioned as to the theft the prisoner denied having stolen the pipe, but subsequently agreed to point out the place where the property was concealed, which he did, and with the pipe was also discovered a snuffbox, which prosecutor had not previously missed, but which he identified as having been placed amongst the articles for sale; the value of the pipe was estimated at £4, and the snuff box at thirty shillings. A witness was called, who deposed to having seen the pipe in question in prisoner's chest on Sunday last, together with the snuff bo?, arid when confronted with the prisoner at the prosecutor's office, the latter said it was a lie, and that he had not stolen them. ,

The constable deposed to having accompanied the prisoner to a pig stye in the garden of the White Hart Hotel, under which the missing property was discovered.r : The prisoner, after, receiving the usual caution, made a long statement in proof of his innocence, which was to the effect that.a man whom he named and described to the Court had stolen the articles and had since gone up the country, and not knowing where to put them had deposited them under the pig stye, although repeatedly urged by him (the prisoner) to take them back or he would fetch a policeman.

The prisoner was ordered to be committed to lake his trial at the next assizes, but allowed to find bail for his appearance.

Wednesday, January 20th. (Before J. Hall, Esq., R.M., and a full Bench.) REGISTRATION' OF BRANDS. Mr. Allan McLean of the Waimaikariri district was on Wednesday last summoned to answer the complaint of Mr. T. K. Adams, Inspector of Sheep, for having in his possession 4000 sheep, the same not being branded as required by the Ordinance. Mr. Duncan appeared for the prosecution, and Mr. Dampier for the defence. The case occupied the Court nearly the whole day, when the following facts was adduced. The Inspector had occasion to visit the flocks of Mr. A. McLean, and was asked by him to inspect the sheep in question previously to their being dipped j the result of which inspection was that they were pronounced clean, but found not to be branded with defendant's registered brand. In cross-examination the -prosecutor said he considered the sheep were the, property of Mr. Allan McLean, because Messrs. M'Lean's name was on the travelling certificate which prosecutor gave at the Cheviot Hills, and Mr. Allan M'Lean was with him when he inspected the sheep in the Waiaraakariri and gave him reason to believe, that he was the owner-and further, he (the inspector) identified the sheep as having passed them at Mr. Robinson's station where they were bought • they were shewn to him as the same by Mr. Allan M'Lean, and they bore the brand R,1 which is not that gentleman's brand. The; Registrar of Brands was called, who' adduced evidence that the defendant's registered brand is M, and thatthere was no brand of the letter B belonging to Mr; Robinson of Nelson in his register^ '■'-,':." ; Mr. Dampier then called Mr. J; M'Lean, who swore that the defendant was iioj; the owner of the sheep, but tha,t; they,were his own; that they were properly branded by the. owner; that they were purchased of Mr. Robinson, of the Cheviot Hills; that the letter R brand was the one under which he was travelling, and was to be his permanent brand in Otago. Mr. Allan M'Lean had no control over the sheep, and in asking Mr. Adams to inspect them acted merely as his agent, and, because he (Mr. John M'Lean) was not at home. He further stated that Mr. Allan M'Lean had not any interest in the sheep in question; they tfere entirely the property of his brother Robertson arid himself. Though the sheep were on his brother Allan's'run, they were under his own charge, his own servants being employed to look after them. The case was argued at great length by the respective counsel, ana the Court, after a few minutes' deliberation, decided that it appeared from the evidence that an action did not lie against Mr. Allan M'Lean. The case was accordingly dismissed.