RESIDENT MAGISTRATE'S COURT.

Oamaru Mail, Volume II, Issue 605, 10 April 1878, Page 2

RESIDENT MAGISTRATE'S COURT.

THIS DAY. [Before S. E. Shrimski, Esq., J. 1 1.] BRI'SK AND DISORDERLY. John McKinley pleaded guilty to having been drunk and disorderly in Woar-gtrcpt yesterday. His Worship inflicted a fine of L 5 with the option of going to gaol for 14 days, remarking that accused had previously been before the"Court several times. [BeforeJ A. H. S. E. Shrimski, Esqrs., LARGKNY. Charles Johnson was charged on remand, with having at Eedclift'e, 011 the 3rd instant, stolen two hags of oats, of the value of LI Si, the property of one .John Burk. The accused, who was undefended, pleaded not guilty. Sub-Inspector Smith prosecuted. 'J'lie evidence went 011 to show that the oats in question, after being threshed and placed ill sacks, were left, with a number of other sacks, in a paddock at UedclifFo. On the 3rd instant, the prosecutor missed two of the sacks. A witness named Duncan Cameron stated that, on the day in question, he saw the a,caused driving ail express into town with two bags of grain in it. A mq.ll named Collins was with him. They (accused and Collins) had told witness that they had been to Burk's farm. Robert Keenan gave evidence to the effect that the accused had been engaged by him to drive an express to the Waitaki witli a pair of elevators for a man named Collins. On the accused returning,, he brought two bags of oa!s with hiin, saying they had been given to him fi"<r the horse. One hag. of oats had been used, and the other was seized by the police. In reply to accused, witness sajd Collins had agreed to pay L2 for the performance of the job, and had also promised to give him some

oats for the horse, but he did not remember his stating what quantity he would give. In reply to the Bench, witness stated that he had not paid for the oats, and no demand for payment had ever been made by the accused. John Collins, who was cautioned as to what he might, say, stated that he had engaged Keenan's express to drive him out | to Kedcliffe, and had agreed to give Keenan L2 for the job. He had not told Keenan tliat ho would give him some oats. He had not seen prisoner with any oats, and had not told him to take any. He did not see the express at Cameron's. He said nothing to Keenan about horse feed. To prisoner : 1 did not assist you to put the oats on the express. To Sub-Inspector Smith : There was no one present when I made the agreement with Keenan. Constable Loose gave evidence as to arresting the accused. The accused then said that he did not know anything about the matter, and that it lay between Keenan and Collins. He also said that Collins had called him to assist in putting a bag of oats on the express. When they had done so, accused asked Collins if he was not going to give liiin another bag, as he had been kept waiting in Oamaru. Collins then told him to pull another bag down from tho stack, and take it. The accused also stated that Collins had then told him to drive to Cameron's, and feed his horses and got his breakfast, and that he would moot him there and pay him. Robert Keenan was then called, and stated in reply to the Bench, that when he saw the oats, he asked the accused where lie had got them. The accused replied that they were given to him. He (witness) did not think it odd that tho oats should have been given to him, as he usually 'received some oats for tho horses when he went ont at night on such jobs. Collins had promised to give him some oats for the horses but had not stated how many. A witness named James Gray was called by the accused and stated that he was present when the agreement was made between Collins and Keenan, and heard Collins say that there were plenty of oats "out there" that he could have, lie heard Keenan say something to Collins about giving acoused srano oats, buthe did not hear what answer Collins made as they wore driving away at the time, The Bench said tlioy had carefully considered this very peculiar ease, and had conn; to the conclusion that tho evidence which was of a very complicating nature, was not sufficient to convict the prisoner. There could be no doubt that the accused had carried away the oats, but he had made no secret of tho affair, and had not made any demand for payment for the oats. There was not sufficient to show that the prisoner was the principal in the affair. The prisoner would therefore be discharged.