RESIDENT MAGISTRATES' COURT.

Manawatu Times, Volume III, Issue 29, 12 February 1879, Page 2

RESIDENT MAGISTRATES' COURT.

ItTBffiDAY, FeBBCABI 11, 1879. (BeforeTt. Ward, Esq., R.M., and the Mayor.) WdlCßlflr AS A BULKS. ! Benjamin Pepper was brought up on remand, charged that he did, on or about tho prd instant, feloniously steal, carry away, and dispose of, a gentleman's saddle, the value of £3 10s., the property of Hans Callson. . The accused was defended by Mr, Staite, and pleaded " Not guilty." Constalile O-iltoptßi con3urfted' : tH6 case for the prosecution, and called : . ■ Mai Peterson, who" deposed :lam a laborer, . residing hear Palmerston;, I know the accused, and saw him at his place on the first of the month. I sold" him a horse, and I left the saddle for htm to send it down to Karere. I paid him a shilling to have it sent to Karere. He promised to do so. As he did net send it I went to him on Monday about it, when he told, me his wife had made a mistake and lent it to another man. He wanted me to take another saddle, and give ' him £2 to boot. I told him I could not do that, but wanted the one I had left, as it was not mine but belongod to Callson. I went to hini'on the following day and spoke to him about it, aud he treated me in tho same manner, wanting me to make a deal. I then found the stirrup-leather produced in the shop. They were on the, saddle When^X left-it with him. It wa« prisoner himself who told me that they wore the same, but I recognised them first. I then told the policemi.n about it, after which I went^again to Pepper and got . the Btirrup-strap3. He said on that day he would get the saddle back for ine. I came to town on Saturday and he offered me a saddle, stating that it was "mine. I looked at it and said, " No. it is not ; and I won't take it for mine." Nothing more tookiplace, and I then went to the policeman to lodge an information. I recognise the saddle produced as the one I left with him. Tha Btirrup-irons, loathers, and girths are diffarout. Cross-examined by Mr. Staite : I sold Mr. Pepper a hor^o, and I took the saddle, off the horae, and he told his boy to take.it into the shop. Pepper did not handle tho saddle. He was standing a few yards away at the; time. I cannot swisar whether Pepper at any time saw the siiadle at all. I have seen several saddle* in his shop—se-cond-hand and others. On Monday he said his wife had nvyfa a mistake and lent it out, but he wpuWgefc it back. I can swear . I could not be mistaken a* to what ho said ; but I won't swear ho might not have sat'l that hahad lent it out. . I think the saddle he offered me in l'eu of mine wt< a hotter one. I swear I first saw the stirrup-ir^ns before he drew rav attention it. Thev were not under a board hidden away. I never agree :1 to swop saddle with 1 him, but I "said" I nvijyht hate done so if it were »nin<» own, and then I would give hnn *£2» When I T'mvr Pepper on Tuwrlriy T totrT.iifin...l was goins? to- the police. I helieve.l told Pepper that I wantedlthrsaddla-strapa to. tie up a

At this stage of .the proceedings Mr. Staite asked the Bench if they considered it was necessary to proceed with the case,as he held no evidence had been brought forward in supnort of tbe charga. The Bench intimated that they would, prefer hearing the case throughV s Cross-examination continued : Mr. Callson did not lay any charge against Pepper,.; \ Cot tain deposed : I am on the survey at jthe (Jorge.. I know the accused, with whom I exchanged a saddlt; on last Saturday week, giving him £1 to boot. On using the saddle I Jid.not like it, and seeing another one in Mr. Pepper's stable which thought would suit me better, I asked tor it, and he said I could hare it with fire shillings to boot. Imn not sure whether he said I could hnve it or he would s.'ll it. The saddle produced is the one I excliang^.i, which I took with me out to cuin^. On Sunday Pepper came ouL to the Q >rge, and said he hud given me Nicholas HeeneyV saddle instead of his own. I gave .him a wrii ten order to McKerizie, autliorising him to give him the saddle.. He told me that GKllespie was making a noise about it, and he wanted to get it buck. Cross-examiued by Air. Staite : There was notliing secret at all about the exchange. I cannot say whether Pepper had ever seen the saddle. His hoy had been out riding and I believe his father had saddled the-, horse. When he came to tlie camp he told me he made a mistake about the saddle, and I gave him the order. He said G-illes-pie had been making a noise about it. I am. quite sure Gillespie's name was mentionedThe saddle I gave him was better than the one.l got. " . . :i Constable Gillespie gave evidence as to the finding oi the saddle in the pojSDSiion of Mr. McKenzieat the Gorge, with whom! it had been left by Mr. Cottarn. In crossexamination by Mr. Staite he further deposed that he never had instructions to lay the information from the owner of tho saddle, but had done so as constable iu' charge of the station. This concluded the evidence for the prose-'---cut ion, and Mr. Staite having been asked by the Bench if he wished to make any comments, stated that he was expecting to hear the Bench dismiss the case. He had several witnesses to produce to show that at the worst it was nothing more than a mistake. The R.M. having conferred for tome time with Mr. Snelson, said the Bench had come to the conclusion to ' dismiss the ehar^e. There was a doubt, and the/, gave the accused the benefit of it. Mr. Staite would certainly ask- the Court to go farther and say there was no foundation for the' charge. Surely if there was^ no vase to answer, tHere could' be.no q'uestioit of the ihn<ioence of the accused* '" He held that the accused had been treated most unjustly in being arrestoJ on a warrant, and now that there was not a tittle of evidence to substantiate the charge, it should be so stated with hU discharge. .'.' The R.M.. said the Court was not of that opinion. It beiiev.ed.there was » doubt, and it gave the accused the benefit of' that doubt. The accused was then ordered to be-dis-charged.