RESIDENT MAGISTRATE’S COURT, GISBORNE.

Poverty Bay Standard, Volume X, Issue 1045, 7 March 1882, Page 2

RESIDENT MAGISTRATE’S COURT, GISBORNE.

Monday, March 6, 18S2. [Before M. Price, Esq., R.JI.] Dax-id Robinson was charged with the larceny of a saddle valued at £3, the property of David Dunlop. Mr McDougall for defendant. G. Wyllie, settler, deposed: I know David Dunlop. I lent him my saddle about the 7lh of November last. He took my saddle and I took his for that evening only, as his saddle fitted my horse better than my own. AVe went to an cntertainmint at Ormond. Ou our arrival there we tied our horses up to the fence by the hall, inside a paddock. I know the defendant. Ho was at the entertainment. I don’t know whether anything disagreeable took place between plaintiff and accused. We (Dunlop and 1) stayed during the entertainment, and afterwards went to Buchanan’s Hotel together. Accused did not go with us. We had to pass where our horses were tied as we went to Buchanan’s. We left them there. The saddles were all right then. 1 did not see accused that night again. I know the saddle. I have been constantly using it since last June. [The information was here ordered | to be amended and the ownership of | the property vested in Mr Wyllie instead of in Mr Dunlop. This was done, and the Court proceeded.] G. Wyllie continued : I don’t know when the saddle was lost. I identify the saddle now produced by a broken back and a cut on one of the Haps. It is firmer now than when I had it. It is the same saddle. 1 cannot, swear it was broken, but it used to bend. 1 could not examine the tree as the pannel was not sufficiently loose to enable me to do so. I lent leathers and round plain irons with the saddle. I have no claim now on the saddle produced, as Dunlop has given me another one in the place of it. About a week elapsed after the saddle was lost before Dunlop agreed to give me another in its stead. During that week the saddle was my property. I first learned that the saddle was missing when Dunlop came back to Buchanan’s and told me that horse and all were gone. That was on the same night as the entertainment about the 7th of November. I know because I bought some sheep on the Sth of November, and fixed the date from that circumstance. The concert took place the day before. lam not sure as to date ; I will not even say the Gth or the 7th of November; but 1 say about the 7th of November to the best of my belief. I am sure I went for the sheep on the Sth. I think that the concert was on Monday, the 7th November. I subsequently told Air Dunlop to go up to Ormond and make enquiries about the saddle. He did so. 1 did not advertise it. I was looking out for it at the same time. I did nothing else to find the saddle.

David Dunlop: I am a settler residing at Tutoko. I know Wylie. I lemember borrowing a saddle from him on the 7th of November last to go to an entertainment at Ormond. We went together. I rode in Wylie’s saddle. When we got to Ormond we tied our horses up to the fence inside the gate at the Hall, close to the road. I would know the saddle again if I saw it. I had used it on many previous occasions. It is cracked across the middle of the woodwork inside. It has two half-circles cut out above the stirrup leathers. One catch is off where the stirrup leather goes, and it has a cut on one of the Haps. No other particular marks that I am aware of. I saw the performance out. Accused was there. He lives at Ormond. We stayed for a dance at the Hall after the performance. Had no disagreement with accused. Wc stayed until the dance was over, and then went to Buchanan’s, leaving accused in the Hall. As we went up to Buchanan’s we passed close to our horses. The saddles were all right then. I am not sure whether it was moonlight or not. Wo remained at Buchanan’s until about one o’clock. I first missed

the saddle then ; I went down from Buchanan’s to the Hall to get the horses, and found that my horse had disappeared with saddle and bridle. I went next day to Ormond to look for it without success. I found neither horse, saddle, nor bridle. I saw accused in Ormond, and told him I had lost a horse, with saddle and bridle. I gave him no description of the horse. I don’t think he knew my horse or the saddle. He said he had not seen it. I inquired of several people about the horse. Never advertised. I gave Wylie another saddle to replace the lost one about six or seven days afterwards. 1 had no ir formation from the prisoner. I have seen him often between that time and a week ago, but not spoken to him. I saw him at Ormond. He had ample opportunity of speaking to me had he wished. Never gave any person authority to take or dispose of the saddle. The horse came home on the night of the S'h or morning of the 9th of November, without saddle or bridle. I found him there on the morning of the 9th. The saddle, which I now identify, was eracked across the middle. I never had the pannel removed to try the crack. I positively identify the saddle produced. It has been shown to me lately, about a week ago. I have the horse at home. Found the horse on the morning of the 9th of November. He was back at our place, which is about seven miles from the hall, at Ormond. He has often got away from me before, but never tries to break away when tied up. I have not found the bridle. I did not advertise, did not think it would be of any use doing so. I thought I might pick it up myself. That was my reason for not advertising. I thought the saddle might have been stolen. The horse would have come straight home if he had not been taken away. On the morning of the 9th of November I was under the belief that the saddle had been stolen. Went several times to look for my saddle among groups of horses wherever I saw them; at the Paces, on Boxing Day, and at other times. I did not inform the police when I thought it was stolen. I did not think of it. I thought I might find it myself. AV hen I saw accused at Ormond on the Bth November I told him I had lost a horse, saddle, and bridle. Did not suspect him. Never demanded the saddle from him. The police first told me the saddle was found.

Frederick Chapman, sworn, deposed: I am a stud groom in the employ of Mr McDonald. I know accused. I had a conversation with him at AVaer-enga-a-hika about a saddle. I think it was on the 21st February last, in the evening. He asked me if my wife was going to the races. I said “ Yes.” He then said his wife would go with her. He asked me if I had a saddle of my own ? I said “ Yes.” He then said, ■' I have one that is too small for me, “ AVhat do you say if we swop ?” He said it was a light saddle with good fixing, but a little broken about the pannel. I agreed to swop if the swop suited both of us. I told him to bring tho saddle early the following morning. He brought the saddle next morning and we swopped. I was under orders for Auckland at the time. Accused did not say anything to me about my going to Auckland. I identify the saddle produced. I am positive it is the same. I gave it up to Constable Currie yesterday week. Accused did not say anything about where he got the saddle. I did not ask him. I naturally thought it was “ all serene.” No money passed as “boot” on either side in the swop. Mounted Constable Currie: On Sunday, 26th ultimo, I had a conversation with accused about a saddle he had exchanged with the last witness. He said he found it up the Government valley some time ago. Later on he said he ought to have advertised it, or let the police know ; this was was five or six hours later on. I then got the saddle from Chapman. I remember an entertainment at Ormond on 7rh November last. Accused was there; he lives at Ormond, about three-quarters of a mile from the police station. 1 have often seen him since the entertainment at Ormond. He never reported to me having found a saddle. I asked accused why he did not let the police know that he had found the saddle. He said, “I was wrong; 1 ought to have advertised, or told the police.” I said, “If I find an owner for it, it may be pretty warm for you.” He said it couldn’t be helped now. The Magistrate here gave the constable a few hints as to the precision necessary in giving evidence and the importance of accuracy in detailing conversations.

Mr McDougall addressed the Court in a very able speech, quoting Chief Justice Cockburn and other judges in Regina v. Glyde, and impressing upon the Court that the case he referred to should be a fair precedent in the matter now before them. He then opened the case lor the defence by calling

Francis Thompson, livingat Ormond: I know the accused. AVas at an entertainment on the 9th November at Ormond. Left about ten, after the entertainment was over. AValked up main road towards hotel. Saw accused and his wife. I walked close behind them from the Hall to the Ormond Hotel. They were going home I think. Accused had no saddle with him. He spoke to mo some time afterwards about a saddle, and told me he had found one, and asked me if I knew any one who had lost one. This was about a fortnight after the concert, j

stopped before 1 got to Climo’s to speak to a person, and lost eight of prisoner and his wife, but caught up up to them again before I got to Climo’s. I heard Robinson at Climo’s corner say he was going to the rear. I walked on. Mrs. Robinson walked on with Birch. I went into Buchanan’s. Dunlop and AVylie were in Buchanan’s when I went in. I think this was about 10 o’clock. I did not see accused again that night. May have seen him next day. Defendant said he found the saddle in the scrub in Government Valley. Defendant never told me that Mr Dunlop informed him that he had lost a saddle. I have seen defendant riding about in the saddle, and have seen him lend it to other people. Richard Bach, sawmill hand in Ormond : Know accused. AVas at an entertainment at Ormond on November 7th. Accused was there. Saw him after it was over, past Buchanan’s. He was going home. I left him at the corner of a by-street, going down to his house. He had no horse, saddle, or bridle with him. He never subsequently spoke to ine about a saddle, but I several times saw him with one in Ormond. When I left accused at the corner his wife was with him. I should say it was about one o’clock in the morning.

Francis Mclnerney, millhand at Ormond: Know accused. Boarded and lodged with accused. Saw a saddle on a Sunday afternoon on a fence. Accused said he had found it in Government Valley. Believe the saddle remained on the fence all night; saw him using the saddle frequently. He used it breaking in horses for Mr Berry. The house is near the Ormond Sawmill. Accused told me to give the saddle up to any one who came for it. Accused told me he never heard Dunlop had lost a saddle. At the time accused showed me the saddle he did not tell me what he was going to do with it.

AV in. Henry Sceats: Lives at Ormond. Is manager of Mr Berry’s Mill. I know accused ;he is working und< rme in the Mill. I remember the 7th of November last well. There was a concert at Ormond. After that concert the accused told me he had found a saddle. That must have been about a fortnight after the concert. He told me to tell any one who asked me questions that he had found a saddle. I say this was a fortnight after the concert. I have seen him using the saddle. He was breaking horses for Mr Berry. I don’t know what saddle he used for that; that was subsequent to his telling me about the saddle. He has not borrowed my saddle lately. AVhen he told me about finding the saddle he told me to let any one know who made enquiries that he had found a saddle. He did not mention Mr Dunlop’s name. He came into the Mill and said he had found a saddle, and I was to let him know if any one made enquiries about it. As I was going home I saw the saddle hanging on bis fence; he pointed it out to me. His AVorship, in summing up, concluded by giving the prisoner the benefit of certain doubts as to the animus furandi. — Dismissed.