RESIDENT MAGISTRATES COURT.

Oamaru Mail, Volume IV, Issue 1201, 21 February 1880, Page 2

RESIDENT MAGISTRATES COURT.

YESTERDAY. (Before T. W. Parker, Esq., R.M.) ALLEGED HORSE-STEALING, John Scott, J, Anderson, and Andrew Doig, were charged, on the informationof Thomas Meek, with the larceny of three draught horses on the 7th February. Mr. Hislop entered the box for "the purpose of proving the partnership agreement which set forth that the whole of Scott's stock should form part of the partnership capital, and that Scott should not materially diminish the stock without having the consent of his co-partners. The partnership deed was never executed, but the partnership was entered upon. To Mr. Hamersley : The farm and stock were to bamanaged by Scott, subject to certain restrictions. Thomas Meek deposed that he was one of the partners in the firm of J. and T. Meek, and remembered the partnership bein* entered into between J. and T. Meek and Scott. In pursuance of the partnership agreement Messrs. Meek advanced a considerable sum of money to the partnership. Out of the moneys advanced something like LIOO was for the purchase of horses. The horses and the whole of the stock were to be kept; at Hakateramea, but this was departed from for the purpose of putting in some crop at the Otaio. This was completed some time in September, and it' was then arranged between witness and Scott that: all the stock should be taken back to. Hakateramea. Proceedings had been taken to have the partnership dissolved, aud witness wrote to Scott about the 12th January. At this point Mr. Hamersley objected to the witness being examined upon the letter unless it were produced. Mr. Hislop said that his learned friend had promised to produce the documents without notice, for which there had not been time. Mr. Hamersley denied that he had promised to do anything of the kind., He had only promised to produce i the declaration. Mr. Hislop said that the counsel fori the defence had distinctly promised to produce the whole of the documents. ' In future he would require something riiore than his learned friend's word ; he would require his bond. He (Mr, Hislop) would not •.examineMr. Meek any further, but take the evidence of Mr. Stewart, and then ask for an adjournment, reserving the right to : recall Mr. Meekj--if necessary; ... Mr. Hamersley said he had never seen, the letter in arid could: not produce it. He was willing, to produce any document that lie'had in his possession. After sortie- • further Mr. Hamersley said he would not then crossexamine M. "Meek, arid" the'-■witness left the-box. r , ...

Robert Stewart,'a'member of the firm of Maclean- and '■ Stewart, 1 auctioneers, of Timaru, remembered some horses being taken to "' the firm's 'saleya'rds oiithe 7.th February, by Doigspd : Anderson. There were four horses, and they were taken to the yard for the' purpose" of being sold. The horses were, by- Stewarts Doig's instructions, entered for sale in his name. The horses were brought into the.yard for sale; but-they ..were not sold. Doig came to witness, afterwards to. ask why the'firm would not give', delivery 6f the hqrses. Witness told him that'" they- ; had a letter from J. and T. Meek, claiming the horses, ancl that they preferred the horses remain?., ing in the yard a little until the dispute was settled! pdig said he had eritered: the horse's foV shlej and-wauted delivery af them.. - Hp also, 'gaicl that some of thp horses were not his, Three horses were' not his. Three horses were claimed by J. and T. Meek. Doig said the horses belonged to Scott. Doig ultimately.withdrew his opposition to the horses remaining, and they were placed in the stable of ; Maclean and Stewart. They remained until Monday, when they were 1 taken away by Scott. The firm did not receive instructions to sell the horses until the morning of the sale, though they knew the night before the sale that the;horses were coming. They were not advertised.^ To Mr. Hamersley, witness said that Doig had told him some time during .the day that the horses were Scott's. The firm had had dealings with Doig, and had always found him straightforward in his. dealings. They had not had dealings with Soott or .A ndepson, The horses were delivered to Scott. Witness did not, of his own knowledge know why the horses were entered in Doig's name. They were-en? tered by witness' man, who took instructions from Doig. At tliis stage of the proceedings tljQ.ca.sp was adjourned until Thursday next.