RESIDENT MAGISTRATE'S COURT.

Manawatu Times, Volume III, Issue 73, 22 June 1878, Page 3

RESIDENT MAGISTRATE'S COURT.

PALMEBSTON NORTH. WBDNBSEiT, June 20th, 1878. (Before B. Wabd, Esq., 8.M.) " HOBSB StSAMUO. Tiopira was informed against that he did on the 15th day of December,! lß77*. feloniously steal, take, and sell to one Thomas Cooper, of Manawatu, one chestnut gelding,. of the value of £25, ihe property of Te Popb Hirama te Hoia. ¥* ; -* ■;.- :,, ."■■■• ■ The first witness called was— John Purcell, who deposed : I am a member of the Armed Constabulary, stationed at Foxton. I know the prisoner. During the first week of the present month, he came to me several times at Foxton, and stated that there was a horse stolen, and thai he Imew where it was at Palmerston. It was sold by a Maori named Ngarika. I told him to go and see the constable at Palmerston, and tell him of it. ; Some days afterwards- he returned, and said there was a warrant issued for Ngarika, and that he and I should go and take him. No' warrant had come into my hands. On the 6th June, he took a prominent part m getting his relative Te Popo ; to lay_ an* information against; NgMka, at Horowhenua. A summons walßsued, and appeared m answer thereto, at the Resident Magis-^ trate's Court, Foxton on the 19th inst. It was there ascertained that Ngarika did not sell the horse m question. I produce a receipt written m Maori, dated 15th of pecember, 1877, being the receipt of the sale of a horse, signed ■•' KgaTika." I alspproduce a writing of the prisoners, which was signed m, my presence at Foxton, on the l^thinstant, the writing, of which corresponds with the writing above referred to, upon which I apprehended the prisoner. ' Te Hjrama Popb Te Mora on his sworn interpretation deposed: My name is Te Popo. I live at 'Porohtowho. I know the prisoner, Tiopira. I owned a chestnut horse m the month of D^ceMbiferi 1877/ That horse" #w missing after that time. I did not give Tiopira* or any one else instructions to ■ell my horse. Some people told me they had seen the horse m possession of an European. I have seen the chestnut horse outside the court. It is mine. I know Ngarika; of Horowhenua. I laid an information against Ngarika for stealing the horse. Tiopira advised me to lay an information against Ngarika. I should- know the Hand writing of Tiopira if I saw it. I recognise the hand writing produced^as his. To the pnsoner rWhen I heard that the horse was'missing I did say to yon "look for tile horse." Thomas Cooper on .his oath deposed : X am a settler residing at Palmerston. I know the prisoner and saw him m the month of December last. I next saw him near my house on the Rangitikei line. lam quite certain he is the man. „At that time he offered- me a horse for ■■•'• -sale. It was a chestnut horse, branded E. P. on tKe shoulder and on tiie hip. I purchased fhe horse for £3. I gave him a cheque for the amount, being that now produced. lam now positive that' the prisoner is the man from whom I the horse. It has since been • claimed as stoleii. Prisoner gave me a receipt which he wrote m my presence mmy house. I live about two miles and a half from Palmerston. When the prisonerisold' me the horse, he took off the saddle and bridle and carried them away, going m the direction of Palmerston; ; I have seen the chestnut horse outride the Court, which is the animal sold tb me. . . ' Thomas Nextteed depbsed : lama laborer, residing on the Bangitikei line. .' I know the prisoner. I saw him m the month of December last about twentyfive chains from Cooper's place. He solda chestnut horaie ■■to^ i ito;Co6per. ! 'I saw him deKrer ihe horse, and saw him' leare m Ihe direction of Palmerston, having with him the saddle and bridle. . The horseiontside the Court is the animal sold br the prisoner, r To the rriaoner ; I did see you once. I saw you m May last, that was first time I saw you. I wish to correct that. It was about sit months MSbxthat I first saw you. ' - ! ■ I was not V falling bush-in May last. I did not see . two Mttorifl i going to look for a horse. Thomas Cooper recalled m answer to the prisoner said : lam positive that I know yon. I have leen you fonr times. I saw you first m December last. I next saw you m May. t saw you twice m May., I was mmy cart and passed you on the road; You asked me who soldme the horse, and I said I did not remember, whenyou saiditwasNgarika I answered "Yes." X never mentioned* the name of Ngarijka to any one else. Yon never questioned me when I r©.* turned from Oroua. The Maori who came with you on Sunday asked me where the horse was. I did not say •that James^PerniThad the f horse, but your companion asked me where James Perritf lived/ You did not tell me that Ngar^ka^wpuld becaught. I am not paid for making this statement. I did not uiow your name atthe time, only from the namfe written on the receipt. :-:■ . .-■'.': ljlbobnt. ' ■■ ■ Jimmy Tong was informed againstthat he did on the 19th of June stealj take, and sell to one John Donnelly certain . Tabbits, to the value of two shilliriffs, the property of John Octavius Batchelar. '"■■■;" •■■• ■ . ■■■/ \ =.-.■;■■■ ■• Th« prisoner w!ho was a cook atthe Royal Hotel, admitted having given the rabbits away; but stated he had no felonious intention ;in 'doiiig so;' as lie intended that Donnelly should pay' Mr Batehelar for them! ■ ' ; "'V Mr Batehelar stated that he : had merely brought the case as a warning, there having been considerable pilfering about his establishment.' . ' The Bench dismissed the accused after administering a very strong warning. ■■»■ '•■ A.:-' .'}■ •■■■-■- ■■■■ ■ - CIVIL CIBBS. Joseph Hurley v, Thomas ißrightwell. Claim, £50, damages for breach of contract. Mr Staite for plaintifF, and Mr Cash fo.r defendant* The hearing of the case occupied five hours, plaintiff and defendant both giving evidence.

Before delivering judgment the Magistrate said t,hat he. was bound to give a verdict for the plaintiff, inasmuch as he did not believe the testimony of defendant. He felt assured that his misstatements could not be the result of mistake, as it was impossible a person could forget occurrences -which took place as recently as those before the Court. Verdict for, £3 with costs, George Boyd v. Hastwell f; Macara, & Co. Claim, £20, damages for loss of time sustained by defendants- refusing^ stbpay tbir over the Manawatu . Ferry. \ Mr Staite for plaintiff ; and•MrfWarburtonfoF defendants. ; The Bench thought it would have been better Had the question of damages been broughtat the time the' former case had been heard, but would rule that it did not put plaintiff but of Court?" Judgment for £6 6s and costs." Mr Warburton gave notice of his intention to appeal. E. Powell v. Buffe. Claim, £10, damages, inasmuch as defendant by fraudulent representations indubed plaintiff to sell him a cow at a price considerably below its -; value; The beast Jiad been lost, and Buffe bought the chance of its recovery for £3, wherein it was proved* by evidence that defendant had the animal tied up m the bush at the time. Judgment for £2 and costs. Adolph Gillner v. Max Buffe. Claim, £15. Mr Staite for plaintiff. Case dismissed* the particulars of claim not being furnished. • Roe & Green v.' John Davey.; Claim, £3 6s*9d; Judgment for plaintiffs, with costs. ' Max Buffe v. Adolph Gillner. -- Claim, £8 18s 6d. Mr Staite for plain? tiff. Adjourned until next sitting of the Court. „ . There was a .quantity, of undefended cases* but -of no particular interest to the public. > ."'."'"