Justices Court.

Manawatu Herald, Volume III, Issue III, 24 November 1891, Page 2

Justices Court.

Monday 28rd November. (Before J. Davies and E. S. Thynne J's.P.) CIIIMINAL. Frederick Robinson appeared in answer to his bail on the oharge of stealing a saddle valued at 255, the property of W. B. Rhodes. The police prosecuted, and Mr Ray appeared for the accused. W. B. Rhodes deposed— l missed a saddle on Saturday night. 12th September ; the horse was tied at Cawston's fence and the saddle was on it ; when I came out the saddle had been taken off ; I gave no one authority to take it ; I valued the saddle at 25s to 80s ; I have seen it singe in Little's shop ; I identified it as mine ; Robinson and Collins came over to me; Collins said he had bought the saddle from Robinson and wanted to know why I had stopped the delivery of it ; I asked Robinson where he got it, he said he had bought it from a man named George who had worked at Walden's mill, but who was now in Nelson ; he said he did not know the man by any other name ; I recognize the saddle produced as mine. By Mr Ray — It was in the same week after I had been to Little's shop Robinson came to me ; I won't swear that Robinson did not say " the saddle appears to belong to you ; " he said he had bought it from a man named George for 15s ; I said it was strange that "you should give 10s or 15s to a man who was going away." He said the man was going to Nelson. I said " the saddle is mine and I won't give it up." Robinson did not say " I must be the loser." He told me the man said he was going to Nelson ; I bought the saddle from Mr Gray when I first came up here ; I got horse saddle and bridle for £10; Robinson has dealt at my shop. By Constable — I am sure the saddle is mine and come by honestly. W. J. Little deposed - The saddle was brought to me oh Saturday, 81st Otober, by Con Sullivan; I recognised the saddle as belonging to Mr Rhodes ; Mr Rhodes had reported the loss of his saddle ; on the following. Saturday night Sullivan and Collins came in for the saddle, 1 told them it had been claimed; Collins said he had bought it from P. Robinson ; they brought Robinson in, he said, he did not know it was a stolen saddle, that he had bought it from a man working at some flax mill and he had gone away to the West Coast ; he said he had given 15s for it ; I told him to go and see Mr Rhodes ; I recognise the saddle produced as the one ; the saddle is worth from 20s to 255. By Mr Ray -No making up would make it a good saddle ; I was to line it and spend 15s on it. By the Constable — I identify the saddle by repairs I have done to it for Mr Rhodes ; I had worked on the saddle half a day before it was stolen. James Collins deposed — I purchased a saddle from F. Robinson for 25s on the 10th October ; I met Robinson in Stansell's, he took me np to his house, and pulled 8 old saddles out ; he said he had bought the saddle from some one ; Ido not '. think he mentioned the name ; after i I gave him the cheque, Con Sullivan ] took the saddle into Little's to be 1 done, up ; I took Robinson to Little < and Rhodes ; Rhodes said the saddle i was his, and he would put it into the 1 hands of the police if it was not ] delivered up ; Robinson said to i Rhodes he had purchased the saddle i from a man working at Walden's mill, who he said had gone to the t

coast; the saddle produced is the saddle. By Mi Bay— -I recognize the saddle by the strap and the piece worn out of it ; I wanted to borrow a saddle if I could not have bought one ; I took the Baddle home ; he went with me, then we went to Stansell's ; Robinson said to Rhodes he had given 15s ; he did not undertake to pay me the money back. By the Court — Robinson has not yet paid me the money back, he owes me £1 still. By the Constable— He never described the man from whom he said he had purchased the saddle, as I did not ask him. George Walls deposed— l know the saddle Mr Rhodes lost some time ago ; I am positive the saddle produced is the one lost. J, Gillespie deposed — On Bth of this month I saw accused in connection with this saddle ; I told him the saddle had been stolen and traced to his possession, and asked him to explain how he csme possessed of it ; his explanation was that ,he had purchased it irom, a man named George who used to work at WaV den's mill j he said he knew the man by the name of George, arid had known him for about twelve months ; on my pressing him if he knew that the man worked at the mill he said he was not certain, but it was only what the man told him ; I asked if he could give the name of any person who knew this man besides himself. He said he could not. I said " surely if the man had been about Foxton for the past twelve months others should know him." I asked if he could describe the man at all ; he said " No, he had not taken parj ticular notice of him, he was an ordinary flaxmill hand." I asked I how he came to purchase this saddle, and if any one was present when he did ; he said " he met the man on the street and he. asked if he would buy a saddle, he said yes, and the man took him down to Border's stables, and he purchased it there for 155." He said no one was there, no one saw him purchase it ; I asked if he could find this man, he said ; " no, he left by boat for the other [ side." He could give no description of his mates ; I told him I did not j ! consider his explanation satisfactory, and having waited same days expecting further explanations, I laid this information against him. By Mr Ray— l did not ask him what the man George was doing at Walden's mill ; I did not tell him he would have to find him. By Court— l enquired at Walden's mill and Walden said there had been no man of that name working ; the only man named George was a halfcaste and he is still there ; Walden gave the names of men who had left lately but none had gone to the other side. This concluded the case for the prosecution. Mr Ray decided to call the accused. Frederick Robinson who on being sworn said — I purchased the saddle produced several weeks ago ; I met the man between the post office and Border's; I have seen him several times before ; I have seen the man in Stansell's, along the street, and at Border's; he was a young man,, about my own build, but not quite so tall; he had no beard, he had only a little moustache, no whiskers ; he had dark clothes and a gray felt hat ; when I met him between 8& 4 o'clock he" said " I'm going away, I have a saddle I will sell you " ; he said it was down at Border's stable ; he went in and fetched it out ; he wanted 20s and I eventually gave him 15s ; I took the saddle home and used it for the rest of the week ; Collins asked me where he could get the loan of a saddle ; he came up to the house with me and bought.it; Mr Little told me the saddle was Rhodes ; when at Rhodes I asked him how he knew it was his ; Rhodes said you must have known it was stolen when a : man offered it to you for 10s or 15s ; I said there was no 10s about it; I gave 16s for it. By the Constabler— Mr Stuart said that there had been a man in who offerred him a saddle ; had no conversation with" Stuart about the saddle this morning ; on a Wednesday or Thursday J bought the saddle 6 or 7 weeks ago. ; v I cannot tell anything about tha dases ; the best part of that day I was in pelman's blacksmith's shop ; John Kelly who was working with me, I told I had bought a saddle, and asked him what he thought ot it ; I denied to you haying 3 saddles in my possession. By Conrt — The man was a fair haired man, he seemed to be about; 21 or 22 ; I have not returned the money to Collins yet, owing to Mr Coley being away. By Mr Ray — I have used George Coley's horse, saddle, and bridle at times. Donald Stuart deposed -About six weeks ago a man called with a saddle to be repaired ; I never took it in my hands ; he said the punimle was broken ; the centre strap at the pummle was worn through and the back of the seat was very rough ; I could not say I should know the saddle again : the man who brought the saddle was about the build of J Robinson, not so tall, and clean shaved ; the man said the leathers and stirrups were at the lower hotel. By the Constable— Had a conversation with accused on Saturday week;

the ■ lan was not in my shop thre mir. ites ; no one was present. E i the Court— The man came in aboi t 8 or 9 in the evening, some timi in the middle of the week. B? Mr Eay— The saddle was som jthing like the saddle produced Tae Bench retired, and on retaking their seats stated they had convicted the accused. Mr Eay applied for the accused to be released on probation. The Bench adjourned the case to Saturday morning to receive the Probation Officer's report.