THE ALLEGED CONSPIRACY CASE.

Oamaru Mail, Volume IV, Issue 1319, 16 November 1880, Page 2

THE ALLEGED CONSPIRACY CASE.

(From the Wellington Post.) We have much pleasure in re-producing the following, which thoroughly clears the character of our old friend Mr. M'Lennan of the foul charge brought against him : The hearing of the remanded charge agamlt Messrs. Simpson and M'Lennan, on the information of Mr. Henry Mace, was resumed before Mr. G. B. Davy, R.M., on Wednesday, November 10. Mr. W. T. L. Travers again appeared in support of the prosecution, while the Hon. Mr. Buckley and Mr. Gordon Allan, as before, represented the accused, M'Lennan and Simpson, respectively. The evidence of the remainder of the witnesses connected with the trial—viz., Messrs. T. Smith (of the New Zealander Hotel), John Dalton (of Foxton), John. Stevens (auctioneer, of Bulls), and G-. S. Allen (book-keeper attached to the Oroua ©owns estate) — having been taken, the learned counsel for the defenoe addressed the Court in support of their contention that the evidence failed to justify the oommittal of the accused, Mr, Gordon Allan said, in order to gain a conviction, it ought to be shown that one defendant was equally guilty with the other. This had not been done ; and if the informant had been as excellent a. judge, of'cattle as he was reputed to. be of beer, in all proability the present charge would never have preferred. The Hon, Mr. Buokley was surprised that others—Mr. Rockstraw and Mr, R.eid for example—had not been included as defendants to this charge of conspiracy. Throughout the matter M'Lennan's conduct had been that of a straightforward business man aoting in the interest of hiss employer ; and it was a monstrous thing that his client should be dragged into the affair. If M'Lannan had intended to conspire with Simpson he would surely have had some motive in doing so, but there was not a tittle of evidence to show that ha even obtained the thanks of hiq master for having purchased the cattle. In replying*, Mr. Travers referred to the language of the judges with regard to the law of conspiracy, viz., "The ast of conspiracy need not be proved, h,ut may be inferred from circumstances and the concurring conduct of the parties," Respecting M'Lennan, he thought it had been shown that defendant had lent himself to the unrighteous and improper transactions with a desire to please his master. His Worship wished to obtain time to consider the evidence, and promised to make known his decision the following morning.

Shortly after half-past ten o'clock on Thursday, the l+th, the oase was again called on in Court, the various parties being represented by counsel as before. Mr. Davy said—l have considered the evidence in this case from every point of view that has been suggested, and I have considered it very carefully. And I can only oome to the conclusion that there is no reasonable probability that this charge of conspiracy could be sustained. So far as I am concerned, at all events, I think the matter ought not to go any further, and I therefore dismiss the information. The Hon. Mr. Buckley—Does your Worship give the usual certificate in cases of this kind ?

Mr. Gordon Allan—And the costs too ?

Mr. Davy—l think the certificate only applies to summary cases, doesn't 1 At all events, I should not be inclined to interfere even if I had the power, for I am certain that the accused themselves would be only too glad to see the matter out if there was anything further in it. Mr. Gordon Allan—And qannafc your Worship allow costs 1 Mr. riavy I don s t think I ought to interfere, and say anything about the costs. Whatever I may think about the conspiracy, there is no doubt that the circumstances attending this transaction have been very unfortunate, to say the least of them,

The information was accordingly missed.