Carlyle R.M. Court.

Patea Mail, Volume VI, Issue 535, 19 June 1880, Page 2

Carlyle R.M. Court.

Tuesday, before Dr Croft and MrH.F. Christie. ALLEGED THEFT OF A SADDLE. James Walker, a young man, was charged with stealing a saddle at Waverley, the property of Mr C. Dempsey. He had been apprehended at Waverley, and admitted to bail. Mr Hamerton, barrister, appeared for the defence. Mr Ward, barrister, was instructed to conduct the prosecution after the case had been partly heard. Cornelius Dempsey deposed ; I keep the Wairoa Hotel, and on the 10th May the prisoner left my place, and took away a saddle of mine, with ray consent, to go to Wanganui. He said he would be back in a couple of days with the saddle. On the 23rd of May I got word that he had sold his horses and saddle at Wanganui, and had cleared away to the Cape of Good Hope. I went to Wanganui the same day to see about my saddle. I was directed to Mr Hollywood’s house, and he told me he had bought a horse and saddle for £3 10s. He showed me a saddle, which I identified as mine. By Sergeant McGrath : A week after the saddle was lent, I saw the prisoner at Waitotara, and he said he would return the saddle on the Tuesday following. By Mr Hamerton : I told Mr Hollywood the saddle was mine, and I demanded it. He said he had bought it, and would not give it up, I have not seen the prisoner since to demand the saddle from him.

George Ross, clerk, Wanganui,deposed: On a Sunday evening prisoner asked me to go and request Dempsey to lend one of his saddles. When Mr Dempsey came to Wanganui for the saddle, I accompanied him to Mr Hollywood’s house. After identifying the saddle, Dempsey said, “ All right, Hollywood, I’ll get the saddle back.” Mr Hollywood said that if Mr Dempsey wished to have the saddle back, he would have to pay £3 10s for it. The prisoner afterwards asked me to telegraph to Dempsey that he would redeem the saddle or compensate him if no proceedings had already been taken. The prisoner has always been respectable since I knew him.

Thomas Hollywood, horse-dealer, Wanganui, said ; I took the horse and saddle from a livery stable, and paid 6s for livery’. When Walker came for the saddle, I gave it to him. Before that time, Dempsey came to claim the saddle. I told him he should have it by paying £3 1 Os. I would not have let him have the horse and saddle for that, but I was trying him. I met him him next day, and he said Walker had stolen the saddle from his stable. I had not bought the saddle, and Walker had never offered it to me for sale. I had merely paid 6s at the livery stable and taken Walker’s house, saddle, and bridle to my place, to save expense of livery’ while Walker was away. Constable Burrow said ; I apprehended the prisoner under warrant dated 24th May. I arrested him at the Waverley Hotel. Mr Hamerton submitted there was no evidence of laceny. The magistrates retired, and on returning Dr Croft said: The bench is of opinion

that j T ou, James Walker, acted unwisely in not returning this saddle, but at the same lime we believe there is no evidence to show a decided case ot larcency of the saddle. Therefore under the circumstances the- case will be dismissed with costs. The costs fell on Mr Dempsey, as prosecutor.