Justices Court.

Manawatu Herald, 26 May 1892, Page 2

Justices Court.

Monday, 23rd May

(Before E. 6. Thynne and J. Davies,

Esqs.'s, J.'sP.)

LARCENY.

The charges against L. A. Langley were further heard;

On the charge, of stealing B; Spelman's hdr'se the following evidence was produced.

John Gillespie deposed— l am a police constable stationed at Foxton ; on Sunday 24th April I went up to the Foxton heads in company -with Bernard Spehnau, we were looking for horses ; I saw the accused there that day and spoke to him about Spelnian's horse ; he said "No " it was only that morning that he had known that it was lost ; 1 asked him if he would know it if he saw it ; he said he would ; I remarked that on ooming down I had noticed the footprints of a heavy draught coming down and had also noticed the same tracks returning ; accused remarked it was most likely the footprints of his father's draught horse he had ridden down ; nothing further waa said about Spelman's horse then ; on the evening of the 80th accused came into my office and asked if I had wanted to see him ; I said I had been looking for him to see about Spelman's horse ; that it had turned up in a very strange manner ; I asked him if he knew anything about it coming back ; he said •• No, that he knew nothing at all about it " ; I told him that I had been away making inquiries about it ; that I had taken the front shoe off the horse and tracked thy horse to Sandon, that I was certain it had come through there on the night of the 27th and turned up here on the morning of the 28th ; I told him that I had received certain information there to lead me to believe that he had brought it back ; he denied all knowledge of the matter ; I told him I would make further enquiries and would no doubt find out where it had come from; the same evening at about 10 p.m., the accused came to the Police Station and told me that if I wrote to Mr Beckett at Marton that he would tell me all about Spelman's horse ; I asked him what information he could give me about it ; he said that he was not going to say anything more on the matter then but if I wrote to Mr Beckett, he was a thorough gentleman, and would give me the full particulars; I said " very well, I will either write or go myself"; he then wanted to know who the party was who had seen him at Sandon with the horse ; I then told him that a stableman at the hotel had seen a man riding past on one horse and leading a draught and that I had ascertained that he had got his horse shod at Bulls ; he admitted having had his horse shod at Bulls, but said that whoever said they had seen him coming through Sandon at dusk was not speaking the truth as it was pretty late before he left Bulls ; he mentioned the fact that he had seen constable Coyle there that day ; a few .nights after that he called again to see if I had heard from Mr Beckett ; he said he felt uneasy about . the matter and wanted to know what was going to be done ; I told him that I would let him know as soon as I got back from Marton ; on the 3rd May 1 saw Mr Beckett at Marton and from what he told me I saw accused ; I met him on the street, I think, the evening of the 7th instant ; I told him that I had been up and seen Mr Beckett, and that he had told me that he had sold M_r Spelman's horse, and that I had also ascertained that he had sold Wilson's horse, and that I would have to arrest him ; I arrested him and in the cell I asked him if he understood the chargea ; I told him that he was charged with stealing Spelman's horse, Wilson's horse, and Chamberlain's ; he said he understood the matter.

Cross-examined by Mr Cook— On the 24th April I did not suspect the accused ; I believe the exact words i used to the accused were "Have you seen anything of Spelman's horse ;" I don't know how many horses Spelnian has ; I don't think I asked him if he had seen Spelman's draught horse ; I believe it was on the 25th ; I began to have a slight suspicion that accused knew something about the horse ; I took steps to trace this horse ; I went up to Awahuri to find out about the horse before it came back, but found nothing. I intended to look at the auctioneer's books before I did, but did not have the opportunity ; the road from here to Sandon is principally clay and sand ; on the 28th I was not certain that accused stole the horse ; 1 did not think of asking Mr B-ckett until accused told me ; accused put me on that tract after I had found the horse had been at Sandon ; I possibly began to think that accused was the man who stole the horse ; In these conversations I had with accused I did not caution him ; I did not tell him that he was suspected, and that anything he said might be used against him ; accused admitted as much as that he had brought the horse back on the evening of the 30th ; he did not tell me in words that he had brought Spelman's horse back; the words "draught horss" were used, and also the words " bring

back;" accused said the stableman could not have seen him coming through Sandon .at dusk as : it was late Vrliec lie left Bulls with the horse ; accused said he was going to see Spelman ; he wanted to know if it could ba squared, as be would pay somethiug for his trouble ; this was after I came back from seeing Mr Beckett ; on the evening of the 30th I have no recollection of accused using Mr Speiman's name ; I saw Mr Beckett on 4th May ; I got back on the 4th or sth ; I did not see accused then.

Mr Cooke contended that there was no primt, facie ease, and that accused should be discharged.

The Bench held otherwise, ana committed the accused to trial at the next criminal sittings of the Supreme Court at Wellington.

The following further evidence was tendered in the case of stealing Wilson's horse.

R. S. Abrahams deposed— l held a horse sale at Awahuri on the 19th April 1892 ; I know the accused by sight ; I think I saw accused at that sale but I can't say positively ; I offered the horses for sale, two that day ; one a draught gelding, and the other a hack ; no other auctioneer was selling there that day besides myself ; the draught horse was an oldish horse, I should say ; the other was an old broken down light bay with hanging lip, knees gone and dilapidated appearance; the light bay hack is now outside the courthouse in the yard ; the draught horse is similiar to the one I offered ; the draught horse was not sold it was taken away : the hack was sold to Neary. for £1 ;it was entered by Henley ; I think, to the best of recollection that wa3 the name ; I eutered the name in our horse book ; I can produce the horsebook ii required but have not got it here ; I believe accused is the man who sold the horse but I am not positive.

By Mr Cooke — The horse was entered in the name of Henley ; when a man sells as agent we are generally instructed to that effect ; I probably asked him " what name " ; I think I may say that I said " What name."

By Bench— The horse was I believe entered as a chestnut but I call it a light bay ; I think sale was on 19th ; I held the sale on the advertised date in the calendar ; to the best of my recollection those were the only two horses sold that day ; I am wrong in saying sale was held on advertised date, it was put off until the following day on account of the Fielding races ; I am a partner in the firm of Stevens and Gorton.

John Gillespie deposed — On the 24th of last month I went to Foxton Headg in company with Bernard Spelman ; we were looking for some lost horses ; I saw accused there ; in the course of conversation I asked him if he had seen anything of Wilson's horse ; he said that he had noticed it on the Monday he went to Palmerston, on the road near Robinson's gate ; it had a small piece of rope round its neck, and was along with one of Spelman's horses ; I had no other conversation with accused until I arrested him ; I merely told him that he would be charged with stealing it at the time ; I explained the three charges to him ; he said he understood the matter.

By Mr Cooke I saw Mr Wilson some days before the 24th ; he was perfectly sober when I saw him ; I did riot see him on the 24th ; I don't know where he was ; he complained to me of the loss of his horse on the 19th ; I did not see his wife with him ; I see Wilson frequently ; I have never seen him drunk enough to lay hands on him.

The accused was committed for trial.

The charge for stealing Chamberlain's horse was then taken up, and

John Gillespie deposed -I am a police Constable stationed at Foxton ; on the 24th of April last I was at Foxton Heads in compauy with Bernard Spelman looking for lost horses ; I saw the accused there ; after seeing accused we went towards some sand hills not far from his dwelling; we noticed three horses there;' pne was a bay mare no visible brand, fore hoofs very much cracked ; the off hind foot was white ; it was tied up with a long rope ; I noticed that the horjo was a was a strange horse to me ; I rode back and asked the accused if the bay mare with the broken hoofs tethered close by was his ; he said it was ; I told him I thought it was a stolen horse ; he said tbat if it was he did not steal it ; he told me that he got it from a man named Edwards up at Palmerston ; that it was put up at Stevens and Gortons sale the day previous ; that its number was G2, that he had seen Edwards in the square after the sale who asked him if he would take the horse ; he went and had a look at I the horse with Edwards who had it tethered in a small paddock opposite the Central Ready Money Store ; it had a new saddle and bridle on it at the time ; he agreed to take the horse, and went from the paddock to Doreen's hotel, and paid I him there in the presence of several I other persons whom lie did not ; know ; that he had paid four pounds j five shillings, for the horse, that he did not get a receipt as he did not '

think it necessary ; I asked him if 1 he knew Edwards ; he said that lie had seen him beforo, that he *old him he was a draper and was working in one of the stores near the Square ; I asked him what kind of man he was ; he said he was a man of about his own height, fair complexion and fair moustache ; I told him I would make enquiries about it ; I asked him if he would be going away ; he said "no he would not " } T told him then to be careful and noli to part with the horse until he heard from me again ; he told me if I thought it was a stolen horse that I had better take it then ; I told him that I did not suspect him of stealing it, it was just as gafe in his charge as in mine ; the following morning, I saw the accused in the street in front of the court house, he had a saddle and bridle ; he was carrying it on his back ; I asked him what was up now ; he said " it is a very strange thing that horse is gone ; " he said he had been up town the night previous, and that it had got away from him ; I said it was very strange that after my telling him to be careful, and not to part with it, that he should lose it so quick ; I asked him if he was sure ho had not turned it adrift, he said no, that it had got away from him on the Sunday evening ; I told him he bad batter go and find it as there would likely bo some inquiry about it ; I saw him later on the same day and some conversation took place in his father's house ; this would be on the 25th April 1892 ; the conversation was with the accused's mother ; accused was not present but I sent for him ; accused came in and I asked him if he had any idea where the horse had gone to ; he said he thought he could get it ; I said well I want the horse, you had better go and get it ; he said he would go, I asked him how long he would be ; he said, about two" hours ; I waited all that afternoon, and went to his house at least once ; I did not see accused again until about 10 o'clock in the evening ; he came to the Police Station ; I said to him, " well you have got back, did you get the horse ;" he said, " No, the owner's got it ;" I said, I thought you were the owner ;" he said " to tell you the truth Mr Gillespie, I was coming out of Palmerston late on Saturday night, when my own horse knocked up ; I saw the other horse grazing ou the road, that I caught it, and ■. rode it home " ; I then asked him who^ the owner was ; ho said it was Chamberlain's at Longburn ; I sent a. telegram to Palmerston the following day and got a reply ; I have seen the bay mare in the yard, the one produced here by Mr Chamberlain, and I identify it as the same horse as the one I saw at the heads ; when I arrested the accused on the other two charges I told him he would be charged with this as well.

By Mr Cooke — I don't know how many horses Mr Spelman has ; I don't know how many horses accused has ; I am not the pound keepar, Bernard Spelman is ; I do not usually accompany the pound keeper on his rounds ; I accompanied him in his rounds on the 24th ; I asked him to come with me to look for horses ; I was not looking for Mr Chamberlain's horse ; I did not know that it had been stolen when we started ; I thought the horse looked like a horse that had been stolen from Palmer's ton ; I did not think accused stole the horse; I looked at other horses feet that day ; I did not as'c any other person about the ownership of horses ; I did not ask anyone else for receipts for their horses ; I thought the accused gave a very truthful explanation as to how he got the horse ; I had a conversation with Mr Spelman about tha case ; I asked Langley if he had turned the horse adrift, because I thought it strange, that it should go so soon after our conversation ; in this case he told me whose the horse was and all about it.

Mr Cook again urged that no evidence had been offered to make out a prinia facie case.

The Bench committed the accused for trial.