R.M.’s Court, Gisborne.

Poverty Bay Standard, Volume X, Issue 1082, 3 June 1882, Page 2

R.M.’s Court, Gisborne.

Thursday, Ist June. [Before M. Price, Esq., R.M.] John Dick, on remand, was brought up and charged with lunacy. On the recommendation of Dr. Pollen he was remanded to Napier for medical treatment. Hugh Mullins and James Mathews were charged with wilful damage to windows, the property of A. G. Bell, at Makaraka, on the 25th ult. Mr Ward for the prosecutor, Mr Finn for the defence. This was the tin-kettleing case. A large amount of evidence was taken, and a good deal of amusement derived from it. His Worship declined to convict, and dismissed the case. Mr Finn then said that warrants for apprehension were issued rather indiscriminately from this Court, and in many cases where service of summons would be sufficient to tho necessary end. His Worship disagreed with Mr Finn, and ordered that a return of all warrants issued under hisreaime should be made out by the Clerk of the Court. There were two other cases on the list—Bell v. Mullins, assault; and Bell y. Mathews, assault, arising out of this case, but on the application Mr Ward they were withdrawn. Friday, June 2. Antonio Martini was brought up on remand charged with that he did on the 15th of May last, steal one bay gelding the property of James Fitzgerald, of Tologa Bay. James Fitzgerald, sworn, deposed : I am a station manager for Miohael Mullooly, and re-

-side at Kirikiriroa. I know Richard Finlay of Waitot-ara. I remember sending a horse of my own to him on trial in April last. It was a bay gelding with dark points, and branded RT over M on the off rump and RT on the off shoulder. It had a scar on its back caused by the bite of a stallion on near side under the saddle. I Lad-owned the horse for about sixmonths. I was in Gisborne on the loth of Al ay last. I saw that horse in Stevenson’s stable yard on that day. I had a conversation with one John Pott’s on the loth. Prisoner was present dining a portion of that time. Pott’s mentioned that 1 owned the horse, but I don’t remember prisoner replying. I took possession of the horse, arid told Potts I would not let him go until I heard more about it. I afterwards sold the horse to John Potts. The horse now outside the Court is the same. It was my horse on the 15th of May. To the Court: I sold the horse for £2 10. Finlay did not buy the horse or return it to me. The first time I saw the horse after sending it to Finlay in April was when 1 saw it in Stevenson’s yard on the 15th May. Potts said it was ii) his possession. Prisoner declined to ask any questions. John Alladyne Potts, a laborer, deposed : I know the prisoner. Met him one Sunday last month in Gisborne. That is the only time I met him to my knowledge. He <> ked me to look at a horse he had for sale. I went with him on the Monday following to the Maka- ! raka Cemetery, where the horse was. I looked j at the horse, and bought if for £3. The hors? I outside is the same. Witness here described i the brands). I placed the horse in Stevenson’s stable. I understood prisoner to say he | bought the horse at Waiapu. Prisoner signed j a receipt. On the same Monday 1 went with . Air Janies Fitzgerald to Stevenson’s stable, ' and claimed the horse. Fitzgerald claimed I the horse. I met prisoner after, and accused 1 ini of stealing the horse, lie denied the charge. Prisoner afterwards admitted he Lad stolen the horse from Waitotara. Prisoner then returned the money I had paid. I then destroyed the receipt. I «übsequently bought the horse from Fitzgcr? d for £2 10s. Prisoner refused to ask any q e • ions. Richard Finlay, publican at Waitotara, deposed : He knew prisoner, who came to his Louse on the 13th May. He bought a mare from him. On the 13th of May the big bay horse outside the Court was in his (witness’s) possession. (Prisoner and the witness here went to look at the horse outside the Court.) The horse lias a scar on his back. He never sold the horse to prisoner, nor authorised him to take it. The horse belonged to Mr James Fitzgerald. In April last Fitzgerald sent the horse to him (witness) for trial. He (witness) kept it until the 13th of May last, and on the 14th of May he missed it. He never saw the horse from that day until to-day. This was all the evidence for the prosecution in Fitzgerald’s case. Prisoner said his name was Antoine Martin. Prisoner was then duly cautioned, and said he declined to say anything at present. Prisoner was committed for trial at the next sitting of the Supreme Court at Napier on the 13th instant. The other witnesses in the case were not in so Sergeant Bullen asked for a remand until 2 p.m., stating he was prepared to go on with another case against the prisoner, for stealing F. Parker’s horse, in the meantime. • His Worship remanded tuc prisoner until 2 p.m., and proceeded take Parker’s case. A Further Charge of House Stealing Against Antonio Martini was then brought forward. Frank Parker, sworn, stated : I am a newspaper agent and general dealer, residing at •Gisborne. I deliver the papers. The roan gelding now outside the Court has black points, «nd is branded 5 under a near shoulder and FA near rump. The gelding is the property of my brother John Parker, who lives at Matawhero. I have had the loan of it for three months. The horse was in my possession on the 13th, 11th, and 15th of May until 9 p.m. on the last named day, when I last saw him. The hors.* was tethered on a vacant section in the Gladrtot.e Road opposite my house, on the lot!i of May last. I never authorised anyone to take the horse off the tether. I missed the horse on the evening of the 15th of May. The next time I saw the horse was on Wednesday last, when Constable McCabe brought it through Childers-street near E. K. Brown’s. 1 identified the horse at a distance. 1 value the horse at £lO. The horse now outside the Court is the one I have been referring to, and the one I saw in possession of the Constables. Ido not know the prisoner. I do not know who took the horse awav. James White, sworn, deposed : I am a contractor and builder, residing at Oj>otiki. I know the accused. I first saw him at Opotiki on Sunday evening, 21st May. He had a horse, saddle, and bridle for sale. The horse was a roan gelding with black points, branded 5 under near shoulder, and FA on near rump. The brand is indistinct but I think it is F, the A is clear. The hors-! now outside the Court is the one prisoner offered for sale in Opotiki. He asked £8 for the turn-out — horse, saddle and bridle. When 1 saw prisoner he was standing m the yard of the Masonic Hotel with a man named Ned Carroll. He said lie had come from Tologa Bay. Carroll told me there was a cheap turn-out to be bought, and I went into the stable with prisoner and Ned Carroll, and looked at the horse. I said to prisoner that’s a cheap thing, and I asked to see the saddle and bridle. 1 said to the prisoner, “ I will see you in an hour’s time.” He replied, “ All right, if you don’t buy I’ll padduck the horse. He said the saddle cost him £3 ss. I said I would wait for an hour or two and see him again. I returned in an hour and told prisoner to wait till the morning. He agreed to do so, as long as he could get it settled in time to get away by the steamer which was to leave at 9 a.m. the following day for Tauranga. I came down in the morning to pay for the horse and take delivery of him. 1 saw prisoner standing in the yard, and told him 1 would take the horse. He said all right. Wo both went into the stable where the horse was. We were not there more than a minute or two when the Constable, McCabe, came in. I was walking round the horse, examining his brands and marks. I had not taken possession of him. I had not paid prisoner any money. Constable spoke to prisoner, and asked him a few questions, and then asked me what I was doing. I tola him I had just bought the horse. Constable then had a look at the horse ; overhauled the brands, and asked prisoner where he got the horse. Prisoner said he gave a Maori £2 and another horse for it. Constable then arrested the prisoner. The prisoner had no questions to ask. Air Price ordered that prisoner should be taken outside, and that Mr White, Air Parker and himself should be shewn the horse together, which was accordingly done. The Court then adjourned, and resumed the hearing at 2 p.m. Constable John McCabe corroborated the evidence of James AV hite given previously. Prisoner declined to cross-examine. F. Parker re-called, stated that up to 9 p.m. of the 15th inst., the horse was in his possession. The horse had been continuously in his possession from the 13th up to the time he lost it. Prisoner was then cautioned, and committed for trial at Napier at tlie next session of Supreme Court.

/cr continuation of news see ith page.