MAGISTERIAL.

Patea Mail, Volume VIII, Issue 998, 16 February 1883, Page 3

MAGISTERIAL.

PATEA-TO-DAY. (Before G. A. Wray, Esq., R.M.; ALLEGED LARCENY. Thomas O’Shannessy, -farmer, was charged, on remand, with having stolen a horse, collar, and reins, the property of Mehaffy. Accused was defended by Mr G. D. Hamerton. John Armstrong, living at Kakararaea, said he had laid the information in the case. Mehaffy left his place at Kakaramea two years ago, and there was a fire there at the end of last December,when, among the few things saved were a collar and reins the property of Mehaffy. These were placed in a box outside and shortly afterwards missed bj; witness who afterwards gave information of the loss to Sergeant Donovan. On Tuesday last, while otanding 1 at Slater’s store, Kakaramea, he saw the son of prisoner driving a team by, and thought he recognised a horse collar as the one he had used. He afterwards got a search warrant, and proceeded with Constable Crozier to the gravel pit where O’Shanneasy was working. Accused said he had taken the loan of the things, and had written to Mehaffy about them. In answer to Sergeant Donovan, witness said he had telegraphed to Mehaffy that he was an important witness, and should attend, but he had received no reply from him.

Sergeant Donovan : I believe I told you you had no case against accused unless you sent for Mehaffy, did I not ? Witness; Yes, I sent two telegrams to Meha%^ ; but lie ifW not answer; cither. Cross-examined : The son of accused asked witness, about nine months ago, if he would give him the things, and he said not unlesr he brought an order. from Mehaffy. Mr Hamerton put in the following receipt, “ I hereby acknowledge receiving £3, on account, for harness removed from the residence of John Armstrong, Kakarnmea.7 Henry Mehaffy.” Witness recognised the writing as Mehaffy’s^ Cross-examination continued Witness had been at variance with O’Shannessy, and had law suits with him.

Constable Crozier deposed to recovering the articles from accused, who made no attempt at concealment. Sergeant Donovan said if the case had been a police one they would have bad Mehaffy present, but being a summary case had been a police one, they would have had Mehaffy present, but being a summary .case> apd -Mehaffy ? .laying the they codld riot interfere. Mr Hamerton., thought sufficient evidence was given to show that accused had a right to the property from Mehaffy. For the defence Thomas O’Shannessy, junf., was called* and gave evidence to the effect that he had arranged to purchase the collar and reins from Mehaffy, but he did not take them away, and lie .was away himself, and had not paid for them. His Worship thought accused had acted improperly in taking the things away without having obtained a legal right to them, at the same lime he would not feel justified in convicting accused for a criminal offence. It is possible there may have been no criminal intention. He would be discharged. AFFILIATION 7 . Margaret M’Kerna summoned James Walker to contribute towards the support of his illigitimate child. An order was made for the payment of five shillings a week. CIVIL CASES. S. Taplin v J. Claridge.—-Claim 19s for boots supplied. Judgment for amount with costs. Samei) Beauchamp.—Claim £8 10s for goods supplied. Judgment for amount with costs. |> Same v Bayliss,Claim £1 3s 6d

balance of account? Judgmentiby default, : with costs. "" ' i Same v Jansen.—Judgment by default. I Same v G. Kennedy. —Judgment summons for £l2. Plaintiff said he had found out that deifendant was working for Wilkie Bros on the river, earning ten and twelve shillings a day. Defendant said he had been out or work 'for a long time, and in the hospital. An order was made for the payment ; of £2 at the end of this month, and the balance at the end of next ; in default, a {month’s imprisonment. \ E. H. Deere vM. Fleetwood.—This was |a claim to recover £l6 for professional {services rendered ns a surveyor. Mr Haraerton appeared for the plaintiff and Mr Barton for defendant.

The case was partly heard, and ad journed for a fortnight.