SUPREME COURT, WANGANUI.

Manawatu Herald, Volume II, Issue 71, 30 April 1880, Page 2

SUPREME COURT, WANGANUI.

♦ Tcesday, April 27, IHB< . (Before Chief Justico Prenderga*t.) The Court opened at 11 a.m. punctually. LARCENY. Mark Toole, a young man about 25 years of age, was charged with stealing a number of articles from Kennedy's store at Upokongaro. Two convictions at the R.M. Court, Wellington, in the year 1879, were read and admitted by the prisoner, who also pleaded guilty to the charge of larceny. He was ordered to be brought up for sentence at 10 a.m. on Wednesday. WOUNDING, WITH ATTEMPT. Antonio Caliari, an Italian, was charged with having wounded Dr. Earll on the 25th of December, with intent to kill, and also with having on the same date wounded Dr. Earll with intent to disable. Leopold Tozzi was sworn as interpreter, but seemed veiy slow at the work, owing to the difficulty of interpreting law terms. Ou being asked to plead, prisoner pleaded guilty to attempting to disable Dr. Earll, but not guilty of attempt to murder. Two charges — one of setting fire to some gorse, and one of attempting to "wound — were withdrawn. Two previous convictions against prisoner were produced, showing that he had been twice convicted of injuring the Wanganui Courthouse. Prisoner made a rambling statement, to the effect that he was in ill health, and that the Government were to blame for his misconduct by not giving him work. J His Honor was proceeding to pass ; a sentence of 2 years' imprisonment, | when the prisoner broke out into a volley of curses. After further consideration, His Honor determined not to sentence prisoner until the following morning, when the sentence of 2 years' imprisonment was repeated. FALSE PRETENCES. Francis W. Stevens was charged with false pretences, in having given a valuless cheque to Hannah Walbutton, at Foxton. Prisoner pleaded guilty. His Honor, addressing prisoner, said — It appears you went to some woman, wife of a carpenter at Foxton, and professed to have a cheque for £4. As you have been in prison two months, I will treat this as a first offence, and sentence you to four months' imprisonment, with hard labour. LARCENY AS A BAILEE. Alexander Cameron, of Ngawhakarau, was charged with having on the 19th of March last, stolen a steer, the property of Andrew M'Cornbey. The Crown Prosecutor, in opening the case, explained that some cattle were left in the hands of prisoner, to graze, by M'Combey. Some money was also given him by M'Combey with whicli to buy cattle for him. On a visit to Cameron's farm, M'Combey was shown a beast wliich had been bought by Cameron with the money. Subsequently this beast was driven by Cameron to Palmerston, and sold by Mr Amesbury, without M'Combey 's consent, to whom the money had not been paid. Andrew M'Combey, a retired storekeeper, deposed — I know accused ; he had some cattle of mine to graze ; I was to pay him 10s per head per year; about November of last year, I gave him 21 head to graze at Ngawhakarau; I took 14 head there myself ; 2 1 sent over afterwards ; and 5 were bought by prisoner ; I saw the cattle there about two months ago ; five head out of the 21 were cattle Cameron purchased for me ; I left £15 with his wife in November for him to buy them Avith ; beforo I gave the money to his wife he said he could buy cattle cheap at times, and therefore I gave the money to his wife ; he said ifl doubted him I could leave the money with his wife ; when on a visit in February to Ngawhakarau my attention was called by prisoner to the five he had purchased ; there were two cows, two yearlings, and a 2 -year old bullock ; he pointed out the bullock to me ; I was about 30ft away from the beast ; the colour was red, the tip was off his right ear, and he was branded E T on off" rump ; about three months ago I instructed him to sell two of the cows I took down, and one I had seen on my visit; about a fortnight ago I saw prisoner at Turakina ; he came to my house, and after he had been in some time we began to talk about the recent flood iv the Manawatu ; I heard two head of my cattle had been drowned, and he said they were ; I asked him alout a steer, which I heard was drowned ; it was the one branded R T ; he said he had not seen him since the flood ; I went a little further, and said, "It's a strange thing you haven't seen that bullock ; he runs close to your house ; he'll be about somewhere"; I further said, " I wish the flood had drowned him, rather than not know what became of him ;" Cameron said the bullock would turn up, and that he was somewhere about ; I had a letter from Cameron's wife a few days aftor, which aroused my suspicion, and I went to prisoner's house ; he was not there, and I went to Palmerston North ; I found the bullock there, ia

possession of a settler named Cum- 1 mins ; I claimed the bullock as mine ; | the bullock was in a paddock about four miles from Palmerston North ; he was driven past amongst about 7 or 8 more ; I recognised the bullock, and pointed him out ; the bullock belonged to John Anderson and me ; I made the arrangements with Cameron for grazing and purchase of cattle ; I gave no consent to sell the bullock to prisoner ; no stretch of imagination could reach so far as to show I instructed prisoner to sell the bullock. By prisoner — I did not say I did not wish to have any fat cattle on your farm ; if I had been at the sale I could have stopped the sale of my beast ; I had no paper to show my ownership; I say that beast was mine, because I bought him, and you pointed him out to me as one of mine ; you did not tell me you had sold the beast ; after I heard elsewhere the beast was sold, your boy told me you had sold him ; your cousin told me he could have bought the rest of my cattle for 10s a head ; you told me yourself that you sold my bullock; the policeman told me where the bullock was, so did you afterwards, but a warrant was out for you then ; I do not know you had five more of my bullocks at the sale ; we were on good terms ; wben you came home one evening you did not order me to go out, but I went out ; you came in and ordered some men out, but not me ; perhaps I would have been ordered out if I had not gone then ; a few days after this, you were taken in charge. By the Court — I did not give the £15 to Cameron but to his wife, because he occasionally gave way to drink. Edward Percy Amesbury, auctioneer at Palmerston, deposed — On the 17th of March, Cameron brought 7 head of cattle to my sale ; 3 head only were sold, as a reserve was placed upon them ; I could not describe the animals particularly ; I j gave a receipt in the usual way ; j Cummins purchased the two steers, j and Manson purchased the bullock ; this is the account sale, given to Cummins; I do not recollect the cattle or the brands ; the money received for the cattle was handed over to Cameron, and Cummins took the two steers ; when Cameron came to me, he said, " One of the bullocks does not belong to me, but to another man ; but you will account to me for the money." By prisoner — I remember two fat cows were put up, but the bids were only a small amount under the reserve ; you did not sell them. William Cumming, a farmer residing 7 miles front Palmerston, deposed — I bought two cows from Cameron privately, about the 17th of last month ; I also bought two steers at Mr Arnesbury's sale tlie same day ; I did not know who owned the steers • I got a receipt from Mr Amesbuiy for the steers ; Mr Manson bought a bullock at the sale, wliich I took off his hands, and it was put into the same account as mine for the steers ; the steers Avere red and white ; one was branded ET on off rump ; when M'Combey was at my house he pointed out one of the steers branded ET. By the Court — I bought the coavs in the street ; prisoner did not see me Avith the steers. Prisoner, in defence, said — I am aAvare that at the time I Avent to the sale, I took more on me than I should have done, but Aye Avere on such good terms that I would have sold any beast he had if I could have done so at a profit ; I have been dealing in the Wanganui district for 23 years, and I don't think any one can say I ever did a dishonest action. That is all I ha\ T e to say. His Honor briefly summed up, and the jury retired, but after about an hour returned to Court, and said they could not agree. The Foreman asked whether the jury could return any other verdict than guilty or not guilty. His Honor replied in the negative, and the jury returned to their room. After an absence of about 5 hours they returned a verdict of guilty, and prisoner was sentenced to 6 months' imprisonment with hard labour. LARCENY. John Buchanan, alias Michael O'Leary, Avas charged with having stolen on March 11, a silver watch from Patrick M'Lachlan,on the Wanganui Eacecourse. Prisoner made an elaborate defence, and greatly amused the audience by his cross-examination of Sub-Inspec-tor Goodail. A verdict of not guilty, was returned, and he was discharged.