MAGISTRATES' COURT.

Nelson Evening Mail, Volume XV, Issue 263, 29 December 1880, Page 2

MAGISTRATES' COURT.

[Before it. E. Ccktis and P. Donald, Esqs., J.J.P.] The Court met this morning to hear the charge cf hrceny preferred apain3t Martha Waygood Wyruond, and AloDfco Polljblauk Wyiuond. . . The Clerk of the Court said there was no information !a Ihe case. Mr Fei-l said it was an awkward position to be placed iv to hare to address the Court on a case that was not called, but ho wished to state that the information had not been sent up from Christchurfch and that he appeared for the Trustees to ask for a remand until two o'clock fo-morrow afternoon. As was known, the charge was in c< h itctiou with the alleged ttealing of certain goods, and the examination of the cases would take some time aud involve a considerable amount of troubln. Mr Pitt said that he was instructed with Mr Bunny to appear for the defence. He must express his very great surprise at the other side not being prepared to go on with this case after taking so strong a step as the arrest, of Mrs Wytnond add the other defendant. It wag extremely hard and unfair to them to keep them in such a state of anspenße k particularly aa ha felt perfectly gure that the prosecution riiust be wall aware that bo charge of larceny sould be sustained. The trustees bad bad every explanation giren to them with reference to the (roods, and it was very bard indeed that his clients should not be allowed the opportunity of clearing themselves at once, especially as by putting half a dozen questions to Mr Thompson Cone of the trustees) he could show clearly that there was no c«se in law against the accused, lie protested most strongly against the course proposed to be pursued, and would ask that his clients be discharged at once. They were arrested id Christcburch and remanded here, and at least some evidence should be brought forward before the Bench was asked to further remand thenii Mr FklL said that his friend must either be very badly instructed, or was not speaking altogether ingenuously when he Bpcke so lightly of the case against the accused. He could assure tho Bench it was a very important one, and one in which there was much complexity aud difficulty, involving a large amount of labor aud consideration before it could be biought into Court. The evidence and the cases of goods only came up yeßterday, but to-morrow he vrould bo prepared with fully sufficient evidence to convince the Bench that the case was a very serious one indeed, The Chairman said the Bench had decided to grant a further remand, but would like to know if two o'clock tomorrow was the most convenient hour. Mr Pitt w«s anxious to b»ve it proceeded with as early as possible. Notwithstanding* what had fallen from Mr Foil, he would say that he was thoroughly well informed in the mattar, and that he would be able to give a satisfactory account of every article. He repeated what he had said before, that half a dozen questions to Mr Thompson would show at once that there was no case in law against the accused whatever the facts might be,.. The Chairuatk : Has anything come to light since the arrest wjvb made to. induce the prosecution to alter their oplnionP Mr friar,: The solicitors for the trustees arc absent just now, and I have been retained from Wellington, but I can say that if consulted at first, with tbe knowledge I now have of how matters etand, I should have advised the course that has been taken as the most proper one to pUretle; I Would haVe asked to commence at 11 to-morrow morning but I feel sure I shall not be ready by then. Mr. PiTx>aid, that there being ni) evidence ns to the nature of tbe case, be should ask to hare the bail renewed. Mrs Wymond being a married woman could not enter into her own recognisances, and her husband being a bankrupt could not give bail. Hewould osk that one surety be accepted for her, and that the other defendant be released on bis own recognisance. They were neither of them likely to run away, especially a> he. had advised them that there certainly was no casa in law against them. There was one matter he wisbed to mention before the Court adjourned. A list of the things removed had been presented by Mr Wymond's solicitor to Messrs Adams and Kingdon, but he had since ascertained that it did not inclade Mis Wymond's own box or a case of the luggage of the other defendant. He mentioned the matter now as he did r ot with it to be stated afterwards that article! bad been discovered not included in the list. Bail was then allowed, one surety for Mrs Wymond in the sum of .£2OO aud one of £100, and Alonao Wymond in hit own recognisance of £200 and one surety of £100. The Covrb adjourned until a p.m. tomoirow.