JUSTICES COURT.

Manawatu Herald, Volume II, Issue II, 17 December 1889, Page 4

JUSTICES COURT.

Before Messrs Thynne andT. Wilson. J.P.'s. Fiotat, 13th Decembeb. The Justices opened then? Court at 5 p.m, and sat till 8 p.m. Hector McDonald v. Himiona Kowhai, Winara Awarua, and Airitn Eaorao. Larceny of 260 sheep and 150 lambs. Mr Jellicoe appeared for accused, and Mr Morrah for the prosecution. Hector McDonald deposed to the purchase of the sheep for tho snm of £117, of which amount he had paid £90, leaving £27 owing. He objected to say when this balance was to have been paid. He mustered the sheep into a paddock at Levin and he saw the accused take the Bheep away. The accused had returned the £90 to him, and he had some time after paid the amount into the Bank of New Zealand to the credit of Kowhai. He had taken the action to secure the return of the sheep and wool, and had lie got them would not have proceeded on this charge. (Mr Morrah threw tip bis case at this point and retired.) Two other witnesses testified to seeing the sheep taken away. Mr McDonald said this was his ease, but He was placed in & very awkward position by the action of his counsel. Mr Jellicoo briefly addressed the Court, stating that no proof of the delivery of the sheep had be-n p: o?ed ; that they had been running in coimon with the oiher sheep of tho Maoriea, and that as the balance of the money had not been paid and tho instalment had been r^rnr-d, nivl tho sheep taken aw^y in broad daylight, t^ero was no felonious st aling. and tie ca°o should not Jmvo been taken thnt way. He considered Mr McDonald had been" very wrongly advised. . The Bench decided that thorp wasno caso to answer and dismissed it on its raorite.