RESIDENT MAGISTRATE'S COURT.

New Zealand Times, Volume XXXV, Issue 6118, 11 November 1880, Page 3

RESIDENT MAGISTRATE'S COURT.

Wednesday, November 10. (Before Mr. Pharazyn and Dr. Diver, J’s.P.) Police Cases —A. man named George Lower, charged with drunkenness, was dismissed with a caution.—Cesari Perotti and James Diddle, for having straying horses, were each fined ss. and costs.—Samuel Woodward, for having a straying bull, was fined 10s. and costs.—William Dalymore, for being an unlicensed porter, was discharged with a cau-tion.-—Charles Knight, for having a foul chimney, was fined Os. and costs, and William Petford, for the game offence, had to pay the cost of the information.—J. T. Foilis was charged with assaulting W. J. Haines at Mitchelltowu on Saturday. Both parties are butchers, and were rivals on the same round. Through tin's an illfeeling was caused, which on Saturday merged into blows, Foilis being the first striker. Defendant was fined 10s. and costs. (Before G. B. Davy, Esq., R.M.) SsiCGGLUJG.—Mr. Kichard Todd, the captain of the St. Leonards, and John Jones, steward of the vessel, were charged with abetting Dr. Hoadley in removing cloth from the wharf in prescribed hours. Mr. Bell appeared for the Customs, and Mr. Travers for the defendants. The depositions taken in the case against Dr. Hoadley were read, and the Magistrate said he had no choice but to fine Jones the lowest penalty of £25 and costs, he having been actually carrying the cloth when stopped

by the night watchman. It was undoubtedly a hard case, however, and one, the circumstances of which might well be considered by the Commissioner of Customs, with a view to the remission of the fine. There was no evidence to show Captain Todd knew anything about the removal of the cloth, and the charge against that gentleman would be dismissed. Conspiracy. -The partly heard and remanded charge against Messrs, Simpson and McLennan of conspiring to defraud Mr. H. Mace of £4OOO, was resumed, Mr. Travers again appeared for Mr. Mace, Mr. G. Allan for Mr. Simpson, and the Hod. Mr. Buckley for Mr. McLennan, The first witness called was MK’Daltoo, contractor, Poxton, who was examined, cross-examined, and re-examined without testifying anything material. His evidence was interrupted by several arguments on different points between the learned counsel, Mr. John Stevens (Stevens and Gorton), auctioneer, Bulls, examined by Mr, Buckley, deposed he was a pretty fair judge of cattle, having for many years been engaged in valuing them. About 400 head a month passed through his hand*. He was generally consulted as to the value of stock, aud his. opinion was regarded as being of some weight by the settlers of the district. Since this action was commenced he had made a valuation of the cattle which had been sold to McLennan. He had valued them at a total of £B2l 10s., and that was a fair market value. He would consider £IOOO a very fair price. There were some beasts that were pedigree cattle, and some that were simply well-bred cattle. Stock 'fold at auction brought about the same at Wanganui as at Bulls.—-Cross-examined by Mr. Travers : He would not bo surprised to bear Mr. Campbell had asked £6OO for the white bull, and ho should think anyone who offered £BOO for the roan bull had more money then sense. If Simpson put down £SOO as the value of another animal, it was excessively over valued. McLennan was a large customer of his firm.—Be-examined by Mr. Buckley : He considered £4OOO would be four times the value of the cattle. People often asked four times the value of particular cattle, when they could afford to pay for their fancies. He did rob think, from Mr. Mace's evidence, that gentleman knew much about the value of cattle. —Mr. George S. Allen, bookkeeper on the Oroua Downs estate, remembered the purchase of the cattle by McLennan. Subsequent to the purchase he heard Mr. Mace say to McLennan that he did not blame him, as be had a right to make a good bargain. Witness had debited in his books the owner of the estate, Mr. Campbell, with the £IOOO. There had been an idea in the district that Mr. Mace had been trying to swindle Simpson out of hia share in the property. There had been much talk about their affairs, and the popular opinion was what he had stated.-—Mr. Allan, on behalf of Mr. Simpson, submitted there was no case which could be sent to a jury. The charge brought was one of conspiracy—{hat the defendants bad conspired to defraud

Mr. Mace. The evidence did not support this in the least. All the magistrate had in evidence to support the charge was the entries of values made by Simpson in the b >ok, and Mr. Mace’s own opinion, which opinion, after Mr. Mace's definition of what was purebred cattle, could not be worth much. Mr. Mace no doubt was an excellent judge of beer, but be knew nothing of cattle. Mr. Allan asked that the charge should be dismissed.— Mr. Buckley also asked that the charge should be dismissed for the same reasons that Mr. Allan had alleged. He almost thought it was trifling with the time of the Court to argue against the preposterous charge against these two men. There had not been a tittle of evidence to support the charge of conspiracy, and if Mr. Mace’s interests had been injured by Simpson there was a civil remedy. Mr. Mace had threatened Mr. Campbell, for whom the cattle had been bought, with an action for £I6OO, and no doubt the writ was in preparation. Supposing these men were sent for trial, and an ignorant jury convicted them upon what no one capable of weighing evidence would convict them, there would be an immense lever for the threatened action against Mr. Campbell. Simpson had put a high value upon some particular beasts, because when they were imported Mace had thought they were the most wonderful animals that had ever come to the colony. Not the least motive for the alleged conspiracy had been assigned to McLennan, who had merely in his capacity as manager bought the cattle for bis employer, the Hou. Mr. Campbell.— Mr. Travers argued at length that Simpson had sold the cattle enormously under value by his own previous estimates of their value. He argued also that McLennan was clearly implicated, inasmuch as he had gone immediately and bought the cattle just after seeing Mace, who had told him of the position of affairs, and that there was an agreement between the partners that the cattle should not be sold. Mr. Travers argued that by the dictum of high legal authorities conspiracy need not be actually proved, but might be interred from the concurrent conduct of the parties. He held the concurrent couduct of McLennan and Simpson demonstrated a conspiracy, for which he asked they should be committed.—The Magistrate said it would be fair to both parties that he should take time to consider the matter, and he would therefore give judgment next morning.