MAGISTRATE'S COURT.

Oamaru Mail, Volume I, Issue 300, 10 April 1877, Page 2

MAGISTRATE'S COURT.

THIS DAY. (Before.T. W. Parker, Esq., K.M.) STRAY CATTLE. Edward Weedon, for allowing seven horses to wander at large, was fined £l. LARCENY. Denis Canty (on hail) was charged with having stolen a number of empty casks and cases belonging to Hugo Lippurt. Mr. O'Meagher appeared for the accused, who pleaded not <>uilty. Sergeant O'Neill conducted the prosecution. Hugo Lippert deposed that on the 3rd instant he left a number of casks and cases in his yard, and on visiting the yard the following morning he misssd several of them. He afterwards, from information he received, went into the yard of the accused, and met Mrs. Canty with some pieces of casks in her arms. Witness also saw in the shed adjoining the house two casks, and in front of'the shed some portions of broken-up casks. Shortly after leaving the yard, he informed the police of the matter. The casks produced were his (witness') property, and were the same as he saw in accused's yard. The casks were branded with his (witness') initials. The value of the casks produced was ss. Had never authorised anyone to take the casks away, neither had he given them to anyone Cross - examined by Mr. O'Meagher : The cask produced had originally held currants. Witness had had a large quantity of currant c.iska, many qf wiric'i he had sold. The one produced mig'it be one of those he had sold ; but he did not think it was. About six other had been stolen at the same time, but he had not found any one of them on tiie accused's premises. He had not discovered any of the of'er cases since. Patrick O'Neill, Sergeant of Police, deposed that on the 4th inst. the prosecutor reported to him that some empty casks and cases had been stolen from iiirn on the previous evening. He went to the residence of the accused, and found the casks now produced in a shed adjoining his house. He took possession of the casks, and, on telling accused that some casks had been found at his place, he replied that he knew nothing of them, and had never seen them ; but stated that he had heard some noise in his yard about two o'clock in the morning. He then took accused into custody. Cross-examined by Mr. O'Meagher : Accused did not mention any other person's name at the time, but when brought , up' before Mr. Sumpter, accused stated that the "casks had been left at his place by a man named Sheehan, who had wakened him XIV. Sergeant said this was case for the prosecution, Mr. O'Meagher said he believed that a witness named Sheehan had been subpoenaed as a witness for the prosecution, and asked that he might be called, as he (the learned counsel) wished to cross-examine him. Michael Sheenan was then examined by Mr. O'Meagher, and deposed that, on the night of the 3rd inst., he went to a dance at ELeenan's and left there at half-past 1 the "next'morning. "Be then wenc into Canty's yard, and went into the ploset. He went there because it was on his way

home. He lived on the beach in a tent. He had never handled the casks before, but he had seen them about two yards from Canty's door. Had not put them there himself, and had never told anyone that he had done so. Had spoken to Canty on that night. He had knocked at the door, and spoke to Canty about the casks, asking him how they came there. He did so because he had not seen them there at 10 o'clock. He would swear that he did not tell O'Keefe that he (witness) had put the casks at Canty's place. He was positive that he had not told Canty that he left the casks there, and that he might break them up. He had not gone into Lippert's yard before going into Canty's yard that night. Mr. O'Meagher submitted that as no information had been laid in the case, his Worship had not the power to convict, for the prosecution had now closed. The learned counsel quoted authorities in support of his contention. It would be better in such cases that some competent persons should lay an information. His Worship agreed with the learned counsel as to the necessity of having informations laid, as a general rule, but in this case he did not think it was. M \ O'Meagher said it would be observed that there was something very mysterious in the behaviour of the man Sheehan. As he was instructed, Sheehan knocked atCanty's d >or, and told him that there were some casks which he might have. If Cantv had stolen the casks under the nose of the own-r, was it likely that he would leave them 1 lying at his door 1 The learned counsel expressed tin opinion that before the cas'» was much older fie man Sheehan would be oder>d to change places with tl e accused. H* then called JfVftiriah o'K>efe, who deposed that he had had a conversation with Sheehan about the casks. It was on the day that Cants' was arrested. Witness asked Sheehan about the casks, and he replied that he (Sheehan) had put the casks in Canty's yard, and that he was drunk when he did it. Mr. O'Meagher said that that was the case for the" defence. Were it necessary, he could call a number of witnesses as to character. George Orr, who had been working with the accused for some time, stated that he always found the accused a steady, hardworking man, and strictly honest. His Worship said that there was a great amount of mystery about the case. The only thing against the accused was'the. fact of the casks being T. and-'-on his mises, but then against that there was the evidence of the last witness, to the eSect that Sheehan had stated that he had put them there himself. Taking into consideration the fact of accused bearing a good character, he (his Worship) felt bound to give him the benefit of the doubt and would therefore dismiss the case. ASSAirLT. Robert Keenan was charged with having, on the 7th inst., assaulted Edward Warburton. Mr. Hi-lop appeared for the complainant, and Mr. O'Meagl er for the defendant. Defendant denied the charge. From the evidence it appeared that both parties had been employed to take certain luggage from the Star and Garter Hotel. Some" dispute arose in regard to a portmanteau which was claimed by both parties as part of the luggage the}"- were employed to convey to the railway station. The defendant thereupon struck the com-? plainaut in the right eye. After hearing a considerable amount of conflicting evidence, his Worship said there had no doubt been a great amount of provocation on both sides, still defendant was not justified in acting as he had done. Fined 205., and 38s. costs.