SUPREME COURT SITTINGS, WANGANUI.

Patea Mail, Volume III, Issue 265, 27 October 1877, Page 2

SUPREME COURT SITTINGS, WANGANUI.

Tuesday, October 23. (Bofoi-o Ilia ITunor Hr Justice Richmond.) Ilia Honor took his seat at 10 o’clock. The Grand Jury having been emparmeiled, his Honor expressed sorrow that the calender of charges was so large, being fourteen involving fifteen persons. . Horae and cattle stealing were largest in number. Two were charge? of criminal assault by a father upon bis two children. , . The following case of interest in Patea, we give in full as reported by the Herald: , The Grand Jury then retired, and shortly returned with a true bill against Charles Fish for felony. FELONY. Charles Fish was charged with having stolen a filly from W. Furlong, of Hawera, on the 23rd' February last. . : Mr Fitzherbert for the prosecution. The prisoner was undefended. Mr "Fitzherbert raised the question as to the ability of the prisoner to plead. The medical gentlemen present intimated that in their opinion the prisoner was able to plead. . ' The following formed the jury: Messrs J. B. Oathro, W. Burr, Beck, J. Jones, M. O’Connor, R. Gray, R. Gaines, P. M. Bpurplc, W. Braithwaite, R. Dempster, J. lialfe, J. Wallace. Air Burr was chosen Foreman.-

: Mr Fitzherbert opened the case.: for the Crown, and called ' W. J. Furlong, who deposed: I have known the prisoner for about two years; he came from Carlyle to Hawera to do work, and I had business with him ; he asked me to lend him £8 to buy a horse ; I told him that I would get a horse for his use, and lie said be would save money and buy it from me ; I gave him a cheque for £8 to buy a horse; ho bought onfe on bis own account, and re-sold it fo me ; I saw him about, a week after; the horse for which the receipt ■is given is the subject of this prosecution ; when I saw the prisoner lie was riding the horse ; I' then wrote to him saying I was surprised that he had left-with-out paying for the horse, and asked him to forward the money for the horse, after deducting any small amount which I might owe him; I- received a telegram from Patea which induced mo to make enquiries about the prisoner; I came to Wanganui and saw the horse in MrDuthie’s yard; I never consented to the removal or disposal of the horse : the horse is now in my possession.-

By the-prisoner-; There' was no arrangement made by me with you as to the payment of the horse by instalments ; I never received any payment on of the horse ; the letter produced was written by me ; the letter was then read in court; (in this letter the. witness asked for the payment of the balance of the money owing on the horse, and expressed surprise at the prisoner leaving the locality without settling accounts ;) I do not know how long you worked for me ; you did not work for me on account of the horse; there was no arrangement made with regard to your working for me on account of the horse ; I never received another pound from you in part payment of the horse. Re-exatnuic-d •by Mr- Fitzherbert: X considered that llto horse would nmain rny prop-sty'until I had given receipts for the payment of its price •'the pound which the prisoner paid me was on account of the goods he owed me for ; I'was to keep the receipt tmtii the prisoner had bought the

I know the prisoner ; in February last

purchased a brown filly from him ; the. receipt produced is the one the prisoner gave me with the horse ; I received some information with regard to the horse, which induced me to communicate with the police ; the horse was claimed by Mr Duthie on behalf of Mr Furlong; I paid the prisoner £9 for the horse; I gave the horse up to Mr Duthie, and obtained the receipt from him ; I bought the bridle and saddle with tlie horse ; these I also gave up to Mr Duthie ; I am not now in possession of the horse. Mr J. Thane gave evidence with regard to tliejenforced absence of Mr John Duthie, who was a witness in .this case before the R.Mi Court. -The depositions of Mr Duthie wore-then read, and MrFitzherberfc declared the case for the prosecution to ho closed. His Honor decided that the evidence of a sale by Mr Furlong to the prisoner of the horse was too strong, and directed the jury to return a verdict of “ not guilty.” The prisoner was'then discharged from custody, his Honor stating that though the case was dismissed the money was still owing, And, before the accused left the dock he thanked his Honor, and expressed his determination of paying the debt.