RESIDENT MAGISTRATE'S COURT

Mount Ida Chronicle, Volume V, Issue 264, 28 March 1874, Page 2

RESIDENT MAGISTRATE'S COURT

- Makch 20th & 23ed. '■;.-, ("Before H. A. Stratford, Esq., R.M.) ,$C The Queen, by Thomas Logan, v. Joseph William Jones.—Mr. Rowlaft*ior accused. For stealing a horse at Hyde on or about the 25th January, L 874, the property of one Thomas Logan, Bendigo Gully. Thomas Logan was the first witness examined. Identified the horse as his. Could swear positively to it. Knew it by all its brands. Was quite familiar with the brands before he lost the horse. Had had them pointed out to him by several persons—especially by one Beattie. Had bought the horse about three years ago from one M'Gavin, in Dunedin. M'Leod delivered it to the deponent at Cromwell. He had paid £3O for it at four or fire years of age. j Had driven it himself sometimes. The horse had been in the habit of running on John M'Lean's run, and had been missing for about sixteen months. He (the witness) had made continual inquiries about the horse. Had advertised in the ' Cromwell Argus,' and also in the ' Police. Gazette,' but hacl heard nothing of him, until notified bk the police that the horse was in their pqsw sesion at JNaseby, about a week since! The witness could swear positively thiait the horse then outside the Court was the same horse that he bought from M'Gavin, of Dunedin, three years ago, and that he was ; at that time branded FG on near shoulder. ; : ■ . ■ ■ A 2

John Laverty, in being sworn, stated that he had known the accused Jone-s since last September or October, and during the latter end of January last, there was a mob of horses in his stockyard—among then* was the horse now outside the Court. On the occasion referred to the accused was present. Said that the horse was his, and offered him for sale. On hearing the accused claim the horse the witness offered him £l2 for it. Subsequently, after the accused had guaranteed the horse, as thoroughly staunch in harness, lie sold him to; the witness for £l3 10s., and remarked that he had bought the chance of him from a man named Wallace, residing in Timaru, in Canterbury, in the year 1870. The witness paid the accused £l3 10s., and took delivery of the horse. A few days after tins witness heard that the police were enquiring after the horse. He then taxed the accused that there was something wrong, who replied that he would give him his money back rather than that he should lose by it. The accused said that the horse was his, that he should stick to him, and that they might as wt-11 take the coat off his back"; but he returned the money to witness, aud promised to write to Wallace at Tirnaru for another receipt. The witness .gave up the horse to the police, at the request of Sub-Inspector M'Cluskey. He added that he had known the horse to be at Hyde since September, 1872. That he had been looked upon as a stray horse, and had been running with a dark bay horse branded T on the near shoulder, also looked upon as a stray horse (and claimed by Thomas Logan as his also.) The horse has been irnS roved since he had him, and he consiers Min worth £2O. When he had charged the accused with having done something wrong, he replied as if speaking the truth, and did not appear like a guilty man. „ Sub-Inspector M'Cluskey gave evidence as to the advertisement in Police Gazette' by Thomas Logan, and Co the finding of the horse now outside the Court, which exactly answered the description in the' Gazette/

James Sanderson, a laborer of Hyde; said he kne-.v the horse outside the Court. That he had first seen him at Hyde twelve or fifteen mouths ago, in company with a brown horse, branded T on the near shoulder. That he had known the accused since last October or November, as having had charge of an entire horse on the Taieri Lake Station. That, within two months after the accused came there, witness saw him one day riding past a mob of horses at the Jxmnd Hill, at Hyde, and that at that time the horse now outside the Court was in the mob. He remembered the accused saying to him in the street at Hyde that he would like to buy that upstanding colt in the mob at the Round Hill, and that witness replied, "not a colt you mean, but a horse branded on the near shoulder. The accused said "yes." This conversation was in December. Sometime after this I saw a mob of horses driven into Mr. Laverty's yard, and in that mob the horse now outside the Court. I also saw the accused on that occasion on horseback in the streets. On the 6th January I saw the accused at the Taieri Lake Station. He spoke to me about some horses—about a bright bay one, and also a brown or dark one. He asked me if I knew where they were. I'replied, " they are easy found." I spoke about the horse which is now outside the Court, saying, " is he branded No 2 on the hear shoulder?" The accused replied, " These are the horses I bought .the chance of." Our conversation was then interrupted by Mr. Chisholm, the manager, cpmins out to us. Under examination the witness swore positively that the horse now outside the Court was the one that came to Hyde twelve or fifteen months ago. He was positive because of Ike brands 2 v and

A. The horse was in better condition, now than then. He was running with a number of other horses and eolts. Some of these colts were bay, but not upstanding-

. After the depositions had been read over, the accused stated that the evidence of the last witness was a tissue of falsehoods from beginning to end, and what he Had said accused believed lie had been schooled to say. He was then committed to take his trial at the next sitting of the Supreme Court, at Dunedin. (Before H. A. Stratford, Esq., R.M., and W. Grumitt, Esq., J.P.) Police v. William Moeller. —Charged with haying been drunk the day previous, and for habitual drunkenness. Evidence was given thaj; the defendant had been fined on several occasions for the same offence, and that on the last conviction in January he had been sentenced to seven days' imprisonment, with hard labor. The Bench commended Constable Pilkington for interfering when he saw a hotelkeeper about to give the plaintiff drink, and told him on the next occasion to prosecute anyone whom he saw selling drink to the defendant. Sentenced to fourteen days' imprisonment in JNiaseby gaol; with hard labor. i March 26th. (Before H: A. Stratford, Esq., 8.M.) John Parmer v. Jacob London.—Debt,. £3 15s. Judgment, by consent,, for the amount claimed, and 9s. costs, to be paid by the plaintiff, also ss. for subpcena, and ss. expenses to a witness (M'Fadyen). " N./P. Hjorring v. Richard M : Senna. summTris be issued for the appearance of the defendant, to be examined at the nearest Resident Magistrate's Court to Temuka. No costs to be charged, except service fees, if demanded. John Cogan applied; for permission to absent himself from his licensed house,; the Melbourne Hotel, for two months. Leave granted to 20th April. The Mi---gistrate gave notice that all applicatioas aiade to him under the Licensing Ordinance should, in future, be heard only on the regularly advertised Court days, and that the applicants must give written no--tice to the officer of police of their intention to apply at least twenty-four hours before the day of hearing. Applications would be rejected unless this course was strictly pursued.