Magistrate's Court, Foxton.

Manawatu Herald, 12 March 1898, Page 2

Magistrate's Court, Foxton.

(Before A. Greene-eld, Esq., S.M.) THIS DAY. John Reeve was charged with the theft of a dark brown mare of the value of £20. Mrs Wakefield deposed that she bought tha bay mare from Reeve three years ago. Produced receipt' dated March 19, 1893, and she saw Reeve write it in her house. The horse was noi much more than a foal when bought, and is rising sis now. Ac-cus-d has never made a demand for the horse. Saw the horse last on evening of 2nd January and the next morning it was gone. Saw it again on the following Tuesday or 4 Wednesday when jt was brought back from Levin. The mare could not have been tak-n in the daylight without my seeing. The witness was cross-examined but it eUoited nothing different from her statement. By the S.M. — Reeve sold the horse as he was quarrelling with his father about there being no feed on the place. Wi Ham Wakefie d deposed that his wife bought, the mare and saw the receipt (produced) written in his house. The horse had just turned 2 years old and was half starved. It had been broken to the saddle. She is now broken into alt kinds of harness. The market value is £9 or £10. Horse had been in his poss ssion a 1 the time up to the time it was taken. She was taken on a Sunday night and next saw her at Levin. Aeons d never made any demand for tie mare. The mare could not be taken away in the day time. Crass -examined. — Found the mare gone at 5 a.m. on the 3rd January. By S.M. —Did not know when his wife ' said she was going to bay the horse. Heard about midday on Monday of the loss of (ha horse. - Re-examined.— His wife usually made purchaes and looked after the money. . John Hillary deposed that accused crossed the Wirokmo ferry at 2 a.m. on Monday morning, 3rd January. It was a bay horse or marc He was leading it with a rope. He said be had tak«n it out of Wakefied's paddook. He said he had been advised to do so. He was taking it to Levin to try and raise money on it to go on by the train. He said he had had a good mind to cross at Paiaka. Cross-examined.— Witness said the conversation showed that he believed the horse was his own. John Ryder deposed that the accused at 6 a.m. one morning saw him and had a bay mare with him. He asked for a loan on the mar* and he gave him £1. .John Gillespie deposed— Known accused 6 or 7 years. During last 3 years had done litt'e work. Had a conversttion with accused about horse in question. Old Mr Reeve came to him about the horse and he saw the accused and told him his fath r had spok-n about his having sod the horse to Mrs Wakefield under value. He lvplied " surely a man can do what he likes with his own property." He said ht had sold the horse for £2. This was som» considerable time ago but soon after o!d Mr Bee. ye had spoken. ,- f his was the case for the prosecution. Thomas Wilford deposed that he had advised the acoused to obtain possession of the horse without using force against persons. Cross-examined.— Made no formal demand on Mrs Wakefield for the norm. Would not advise going by night timt,

The S.M. said he thought the case was sne that ahou'd have been the subject of a civil action and Dot a criraiaal action and that no jury would conviot. The case would be dismissed. Percy Tucker Robinson was charged with an offence under the Crimntal Cod* Act on Ihe 15th February, 1898, with E. 0. J. Lee, a girl under the age o! 16 pears. After the evidence of Mrs Lee, T. Lee, Chriasie Lee and H. E. A. Cameron waß taken the police closed their case, and the Magistrate decided that there was a case to answer, and on the usual caution being read the accused said "I reserve my defence." He' was then committed for trial. Bail was allowed in two sureties and accused in the sum of £50 each.