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25th February, 1865. (Before T. W. Parker, Esq., R.M.)

Robertson v. Low and Bruce (adjourned case). — Charge of obtaining a valuable document by fraud. Mr O'Meagher appeared for tho prosecutor, and Mr Ward, solicitor, Dunedin, for the accused. * On behalf of the prosecutor, Mr S. Gibbs was called, who produced a book which he stated had come into his possession as one of the named assignees of Low and Bruce, and is a day-book belonging to their estate. An entry appears on 13th January last of a sale of horses to prosecutor. This entry has every appearance of being in Low's handwriting, and witness believes it is written by him. Mr G Ogilvie said he could not swear to the entry being in Low's handwriting, but the entry immediately below was. This book was objected to, and not received as evidence. Mr O'Meagher said that this concluded the prosecutor's case. Mr Ward then addressed the Court for the accused. He s.iid that a conspiracy had been got up to make a criminal offence out of what was at most a breach of simple civil contract. The horses had first been sold to one Brodie, but they were not delivered, and at the time of the sale to Robertson the accused had full authority to sell the property, but were not bound, when doing so, to inform the prosecutor to whom it belonged. Broiie had been brought down as a witness for the prosecution, but as the prosecutor declined to call him, he tendered his evideuce to the Court. James Brodie, shepherd, Hakateremia. — I bought the horses, cart and harness, from the accused, for £130, £120 of which they owed me. They were not delivered to me, and, repenting of my bargain, I wrote them a letter (now produced), dated 2nd November, 1864, requesting them to sell them again on my account. Bruce afterwards told me that they had partly sold the horses. Bruce is my brother-in-law. The Court having heard the solicitors on either side, was of opinion that there was no proof of fraudulent intention. The contract entered into remained unfulfilled on both sides. The case was dismissed.

28th February, 1855. James Gardiner, residing at the Clyde, was brought up on remand chargpd with obtaining money and goods to the amount of £25 by false pretences, and again remanded to Dunedin, where the witnesses already are.

Permanent link to this item
Hononga pūmau ki tēnei tūemi

https://paperspast.natlib.govt.nz/newspapers/NOT18650302.2.15

Bibliographic details
Ngā taipitopito pukapuka

North Otago Times, Volume IV, Issue 54, 2 March 1865, Page 3

Word count
Tapeke kupu
397

25th February, 1865. (Before T. W. Parker, Esq., R.M.) North Otago Times, Volume IV, Issue 54, 2 March 1865, Page 3

25th February, 1865. (Before T. W. Parker, Esq., R.M.) North Otago Times, Volume IV, Issue 54, 2 March 1865, Page 3

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