RESIDENT MAGISTRATE'S COURT.-June 14.

Mount Ida Chronicle, Volume III, Issue 172, 21 June 1872, Page 5

RESIDENT MAGISTRATE'S COURT.-June 14.

(Before H. W. Kobinsonj Esq., R.M.)

William Aitken, carrier, was brought up under warrant, charged - with haviiig folp.i»iou.««ly stolen.and driven away from the camping place, outside Naseby, nine horses, ' the property of one jjdwar.d Pritcnard, of Dunedin, farrier. Mr. ' Rowlatfc,-: who appeared for the prosecution, .-stated- that he was not prepared to go on with the case until the .arrival of witnesses from Dunodin, wlo were already on their w.\j-lip, and qsked'for a remand till Monday. Mr. Hertslet- .who was allowed to watch the .case ; for the accused', objected' to any remand being granted, and urged that the ..proper course to have taken would have been a civil action. .Remand grnnled, the accused being allowed bail —self in '£loo, " and two sureties of JB LOO. each.

Monday, JLWS. 17TII:. . (Before 11. W.Hohinson, iilsq;; R.M., arid W, G-runutf, Esq., J. P.)

The charge against Ait ken, who was remanded on Fridays-last; ivas now proceeded! with,. Mr. Stout: of Dunedin.., and Mn of this place, being engaged.: for: the- prosecution ; Mr. Hertslet, as befoie, 'watching the ease"' for 'the act-used For "the prosecution, it was • contended that the horses alleged to have been stolen by Aitken had been purchased on tho 3 bsfc May by l'ritchard,...from one John Roddam, since dead ;. that Ailkeii was driving at i the time.- for -Roddam,: and took -away the team as usual'on the following morning, and proceeded with it as far as E;groot, where it was overtaken on the■7th of June and claimed Jjy Fritchard as his property—(Pritehßrd, however, admitting-that previously to. the starting of the team, and, indeed, not until it s'arrival at Pigroot; had he given Aitken auv notice.of his having purchased; the team ' from Roddam).. It was further alleged and sworn to on behalf ot' the prosecution, 7 thai-, upon application- being made to him by Pritehar.!, Air.ken had delivered, up the team and waybills.; t.lin\t another driver named .-Haines'had taken the team on to Naseby and delivered the loadiuir. Aifcken going to Dunedin to 'see Roddnm and make cnquiries. It was further aiieged and- sworn to that Aitken had, upon his from 'Dunedin; .seized upon the . team of horses? put them into the stables of Messrs. hTor.sweli and Backoian —six in the former and three in the.latter —and that, Haines being unable to -

' obtnin delivery, the present inibrmri-•, , Hon:: had been Aivken tir-•■■•■■< rested under warrant. : These were> in efteci,: the facts which were alleged, tohave constituted toe felony with which' Aitken was charged. For the defence, ifc wns asserted that there ihad been ne> felony committed,-; that the accused; had acted throughout in the, mot»t straightforward manner ; ' that there - had been no concealment in anything that he had done ;■ .that, believing a'" swindle to have been perpetrated, hehad a perfect right, and had exercised a wise discretion, in resuming possession of the team which had been placed in bis charge by koddam'; and that J iiodclam 1 was, at the time of-the alleged- . sale, perfectly unfit, mentally and legally, to transact business • and thac on?, at least, ot th«-j hordes was the , property of the accused, and beyond the power of Koddam to dispose of) whether sane or insane, lwo witnesses i were examined as to the state of Eod- • dam's mind at the .-time; of the alleged sale. JNothing, however, of any importance was elicited on that head, m tact, tiie evidence in this respect was ot a most meagre character, though one,of them (Barclay by-name) swore' positively to. the fact of one of the horses in the team, and alleged to have been stolen, having been sold by himself to the accused for the sum of £SB. The chairman (H. W. Kobinson, Esq.) said that, taking; into review the whole '■circumstances.of the case, the Bench failed to see that any charge of feloniously' stealing had been made out The tact; of Aitkeii's'going' to town upon informed by Tritchard of the purchase of the'team— : the placing of the horses in public stables—the admission by bath stable-keepers that the. horses were taken into their chikrgG without- any restrictions'as to' concealment, led them to the belief that there was no felonious intent in the act of the accused,- and . he, was accordingly discharged; Police v. Francis Gran. —Allowing -horses to wander in the streets of Naseby. No service.- Struck out. ■ • Same v. Patrick liysn. —No service. Struck out. Same v. Thomas Hogg.—No appearance. Fined 55., and 'ss. 6d. costs. Same v; Joseph Hughes.—No appearance.. 'Fined 55., and ss. 6d. costs. Thomas Grace v. Arthur White. — Wilfully breaking a pane of painted glass, value 255. Judgment for amount claimed, with 9s costs. James Donnelly v.'-David Macready. ' —Claim, £2O, for damage done by defendant's pigs to crop of potatoes, the property of plaintiff at Kyeburn. It been proved in evidence that, the area "of the garden w.is just 27ft. •by 39ft., judgment was given -for £L '■ Costs, divided, £1 6s*. 6d. each. Rradshaw v. Brown.—Claim, 105.,. for wages. Judgment for 55., with 6s. costs.

Bailey v. White.—Balance of I O TT, £4i as. Judgment for amount claimed*' wifch-9ss' costs. -

Licensing Meeting

John Taifc, application for license for Bendigo Hotel," Naseby, granted ' Robert Keenan, application for music ar.d dancing in his licensed.' ix'Hiso, Ovenv Hotel, ooposed, by the police and refused. . John Tiiit, application for general night-license, granted.