RESIDENT MAGISTRATE’S COURT.—GISBORNE.

Poverty Bay Standard, Volume X, Issue 1238, 3 January 1883, Page 2

RESIDENT MAGISTRATE’S COURT.—GISBORNE.

Yesterday, [Before M. Pbiob, Esq., R.M.] LARCENY. Police v. D. Ross and F. Martin.— Charged with stealing two sets of studs, and one card of pt the property of Thos. Gregson. Mr Kenny appeared tor the defendants. The prisoners pleaded not guilty. T. Gregson, deposed: lam a shopkeeper in the Upper Gladstone road I was in bed at two o’clock on New Year’s morning. All was quiet in the shop. All was right as far as I knew. Mr Scotter resides opposite my shop. 1 know him. It was about 20 minutes past 4 o'clock on New Year’s morning, when Mr Scotter came and knocked me up. When I got up he said “ Here’s a boy been taking things out of your window,” at the same time handing me the things. He had hold of the boy D. Ross at the time. He said he saw the boy taking the things out of the window. I then brought the boy to the Police Station. Mr Scotter came with me. The retail value of the card of pencils is 2s 9d, and the studs, Is. I recognise the things as my property. On Saturday night they were in my shop. There was no hole in the window, though it was cracked.

Cross-examined by Mr Kenny : Mr Scotter said he ought to be punished. I have not spoken to Scotter since. W. G. Scotter, deposed: I am a blacksmith. I know Mr Gregson; I had occasion to get up early on the morning in question ; it was clear daylight. I went on to the verandah, and I saw two boys standing in front of Mr Gregson's shop; D. Ross was one of the boys. I could not swear who the other boy was. As I came down the road I saw the latter boy had left the front of the shop, and was coming down the road, going from me, and young Ross was taking his hand out of the window, and drawing the curtain down. I then hastened to overtake them ; they turned over a section near Mr O’Meara’s residence, and as 1 turned the corner after them, I saw Ross throw some papers from his hand. Shortly after that I overtook Ross, and took him back, and picked up what |I thought he had thrown away, viz.: a paper of pencils, aud a set of studs. The things produced, I believe, are the ones I picked up. When I was returning with Mr Gregson, I went to the spot where I found the other things and picked up another set of studs. He would not tell me who the other boy was. I don’t think I accused him of stealing them.

By Mr Kenny: I swear positively that I saw Ross take his hand out of the window. I was about 66 yards off. I walked and ran after the boys, who had began to run directly they had turned the corner. Mr Ross and I have not been on bad terms. I cannot identify the boy Martin at all. J. Lee, deposed : I know the prisoners. I was with those boys on New Year’s morning. We had been out all night. There were six of us, including the two prisoners. I know Mr Gregson. We were all above Gregson’s on that night. We all came back as far as Gregson’s, and the defendants stopped there, the rest of us went home.

S. Priestly, deposed: I was with the defendants on New Year’s night We did not all come home together. The defendants separated from us. They left us at Gregson’s This was about 4 o’clock. They stopped back without saying anything. J. Single, deposed: I was in the company of the prisoners on New Year’s morning. McKenny was with us about half-past 3 o’clock. We left him about Herd’s place. Martin and Ross left us at Gregson’s. I left my other companions at Aislabie s. 1 looked round several times, and saw them standing in the middle of the footpath. I did not notice anj' body else about. Mr Kenny addressed the C'oilrt in defence of the prisoners, after which he called: J. Browne, deposed : 1 have known Martin about three years. Ever since

he was at the “ Herald” he was attentive and honest.

Thos. Chrisp, deposed; I have had Martin about seven months. I have had no opportunity to test his character. I have never noticed any looseness in his ways. Mrs Martin, deposed s I am the mother of F. Martin. I woke up about 3.30. I got up and saw my son lying on his bed, with his clothes on. I believe the clock is correct.

F. Morgan, deposed; D, Ross at tends my school. He has been there about 2 years. His general character as regards honesty appears to have been good. Mrs Ross deposed; My son is 13 years of age, and no more. This concluded the wholfi of the evidence.

His Worship, in summing up, said the evidence against the boy Martin was not clear; that the statement given by Mr Scotter left a doubt as to his identity, and on that Ke could not sentence him to any punishment, but would discharge him forthwith. In Ross’s case, he said there was not the slightest doubt butthat he had stolen the goods. It had been actually proved by the witnesses. After further lecturing him, his Worship said the sentence of this Court would be 12 strokes with the birch rod. to bo administered at once.

This Day. (Before M. Price, Esq., & a Native Assessor.) Rawiri Karaba was again brought up on a charge of larceny, as a baillee of a horse, the property of M. Mullooly. Mr Rees, who appeared for the defendant, cross examined M. Mullooly on his previous evidence, who deposed: 1 never sold the horse in question to the prisoner. There was no price fixed for the horse. On the Ist instant, when he took the horse, I said if he gave me £25, he ceuld have the horse ; this was about September, 1881. I did not give him the horse then ; he went and took him off the station. It was not by my authority ; I did not know that he had him at all. I was agreeable that he should go and take the horse, He was to have three months to pay for the horse. The sum was £25. After the three or four months was up I asked the defendant to pay for the horse several times. I did not tell my shepherd to bring in the horse to deliver it to the prisoner. I do not remember rendering Rawhiri an account for £69. The price of this horseis not entered in my books against the accused. About last October, 1882, I saw Mihi and the accused. 1 did not ask Mihi to give me her grey horse in part payment of this horse of Rawhiri'*. I did not ask Rawhiri then to pay for the horse at that time. I remember going to where Rawhiri was building a house, about last November. Ido not think Mihi was there. I did not ask accused to go with me to get his father, Arawera, to sign a deed for Mangaheia No. 2. I went there to borrow a horse from him. I did not speak about the payment of the horso when I went to see him at the house. Mihi was there on one occasion. On an occasion when Mihi was present I did not ask Rawhiri to go and get his father to sign the deed for Mangaheia No. 2. This was about October or November last. About the end of October or beginning of November last I asked Rawhiri to go with me lo Tologa Bay to get his father to sign the deed. I don't know if Mihi was present or not. I did not see the father at all. At Waihau three of us did not see Arawera. I did not see him. I hardly know Arawera by sight. I did not urge Arawera to go to Tologa Bay and get the deed signed before a J.P. on the 21st November. I told him to bring back the horse. I made no agreement for Arawera’s share in Mangaheia No. 2. lam certain nothing was said about £55. I did not ask his permission to take the horse away. He only had the horse on conditions. InMay last I sent my shepherd for the horse I lot him have the horse about eight months. I do not remember the last time I asked him for payment. It was about June or July that accused came to borrow the horse a second time. I offered accused £1 for the hire of a horse of his, although he had one of mine in his possession. On the 18th November I had no conversation with Fitzgerald, my manager, about this horse being offered for sale. I saw Rawhiri on the 18th December, at Gisborne, but I had no conversation with him about the horse, as I did not know the horse was sold.

J. Fitzgerald, shepherd, deposed; I have seen the horse. It is a black horse, with a white star on forehead. It is branded M with X above it, on the near shoulder ; there is also S M on it now, just below the other brand. I caught the horse about the 26th or 27th of May on Murphy’s run, and put it into Trimmer’s paddock, where it remained about a week. I did not see the accused at Tologa Bay during that time. I saw him at Waihau about the end of June, and told him he had to go in on the Monday following and pay for the black horse. Ho said he would.

By Mr Rees: Mullooly did not tell me the oriee Rawhiri was to pay, but said that if he did not pay for it to let another Native have the horse.

The Court then adjourned till 2 o’clock. On resuming at 2.30, Constable Stagpoole was called, and stated—About the beginning of November, or end of October last, I heard a conversation between the accused and Mullooly. I heard Mullooly say to .Rawhiri, " Bring back my horse, you have had him quite long enough. Rawhiri said in reply “ All right Micky.”

8. M. Wilson deposed—On the oth December, had a conversation with the defeneant. When he sold the horse to me it was branded on the shoulder M with a cross above it. I got a receipt for the horse when I bought it, and I now produce it. I gave £l5 for the horse. The accused did not tell me where he got the horse. Ijjiut my brand on the horse, vii. (

By Mr Rees: The horse was first put up for public sale. Mullooly came to me on the 19th December) and demanded the horse, I would not give it up. His Worship said that he considered the case was too jumbled up with civil transactions, and not sufficiently strong, be would, therefore, discharge the prisoner.