RESIDENT MAGISTRATE'S COURT.

Oamaru Mail, Volume IV, Issue 1319, 2 December 1880, Page 2

RESIDENT MAGISTRATE'S COURT.

THIS DAY. (Before T. W. Parker, Esq., R.M.) STRAY HORSES,

Henry Riohards, for allowing a horse to wander at large, was fined 3s, and Jarvis White, for a similar offence, was mulcted in a penalty of Qa,

DESERTION.

Christopher Robert Curtis, charged with deserting from H.M.S. Wolverine, was further remanded until Monday.

AN UNWARANTABLE PROSECUTION. Robert M'Kieman was charged with having, on the 26th November, stolen .a quantity of timber belonging to John Moore, of the value of L 9.

Mr. Johnston appeared for the prosecution, and Mr. Newton for the defence.

The evidence of the prosecutor went to show that the prosecutor and accused had erected, a booth"on the Show Ground for Mr. Philip Mason ; that certain timber for the booth had been purchased from Mr. Sumpter, the bill having been made out in prosecutor's name ; that after the show was over the accused had openly carted away part of the timber i that this timber was af placed in the yard at the rsay of boarding-house; prosecutor had seen accused carting the timber awayj and claimed it as hia

property, but allowed him to drive on • that prosecutor then went to the ground with a horse and cart, and loaded np 9 portion of the timbei- remaining, and on his way back mot the acoused; that accused then claimed the timber as his and threatened to give prosecutor in charge if he did not return with tlio timber to the ground ; that the prosocut or retorted with a similar threat; that tho piles for the booth wore the property 0 f prosecutor, and formed part of tho tinibor carted away by the prisoner.

In reply to Mr. Newton, the prosecutor admitted that it had been proposed to toss for the timber, the loser to receive L2 from the winner ; that they had tossed but " there was no winning that he had afterwards declined to Bell the timber stating the facts of the tossing and th« claim to ownership made by the prisoner They had, he said, only tossed for 17(>q feet of timber, while there was 2100 feet of timber in the booth, and preaecutor had cat-ted away about 200 feet of the timber, being half of the surplus over the amount they had agreed to toss for. At this point Mr. Newton asked his Worship if, in the face of the admission of the prosecutor, he thought there was any use proceeding any further with the case. It was fully shown by the prosecutor's admission that the accused had a rightful claim to the timber, and the fraudulent intent set out could not therefore be supported by the evidence, and the case consequently broke down. Ho had never heard of a more outrageous proceed* ing than that committed by the prosecutor in laying a criminal information against the accused in the face of his knowledge of the claim to the timber set up by tho accused, which claim he (the learned counsel) held to be good. It was quite possible that the prosecutor would yet have to pay for his conduct in an action for damages.

His Worship said he was gradually coming to the conclusion that there wns no fraudulent intent in the matter, and that the prisoner had removed the timbor in accordance with a right which prisoner supposed lie had to it. It appoarod to him that the whole matter arose out of a dispute between the parties.

Mr. Johnston' said he would prefer completing the evidence for the proseou. tion, and then leaving it to his Worship, in the exercise of a wise discretion, to determine whether or not the case should be dismissed. Many wiser men than the prosecutor had committed rash errors of judgment, and it was quite possible that the prosecutor liad done so. He might mention that he had not been consulted in regard to the proceedings prior to their being instituted, but had been imported into the case Bince the last adjournment. The evidence of the expressman whii Carted away the timber for accused having been taken, Mr. Newton asked his Worship to dismiss the accused without a stain upon hia character. The accused had never before been charged with any offence, and ho naturally felt his present position very keenly. His Worship, in dismissing the case, remarked that the aooused's character had not suffered in oousequence of these proceedings. With all due respect to counsol on both sides, he would recommend both parties to meet in the coffee-room, talk the matter over calmly, and settle it without any further trouble.