MAGISTERIAL.

South Canterbury Times, Issue 2814, 31 March 1882, Page 3

MAGISTERIAL.

TIMABU—THIS BAY. [Before B. Woollcombe,' and E. Wakefield,Esqrs.] • LABCKKY OF wool. ‘Peter McCaskill, John McCaskill, and Thomas Booney, were charged with larceny of 19 bales of wool,the property of the Union Pire and Marine Insurance Company. Mr White appeared to prosecute on behalf of the Union Insurance Company, pad MvHamersley for the accused. 5 Mr White stated that as the arrest took place only yesterday the case was not yet complete, bat the short facts * e pe.;_LThat ,s the' Union Insurance Company took oyer the wool from the City of Cashmere and forwarded about 480 bales to the fellmongery of McCaskill and Rooney to lie scoured, that the accused at that, time, bad little bi no \^bbl'on their premises ; that the accused filled an,old bale with, the best merino wool, the' property of the company, and removed it by a Chinaman to another place; that this was done by McCaskill’s-f direction. -:Jk - Week after this the accused were seen to open other bales and remove them in like manner abstracting a quantity equal to 12 bales. The company had sent an agent to Temuka named Marshall, to look after their interests. The accused, it would be shown, frequently contrived to get this Marshall away while he was himself abstracting the wool. They (the accused) also said to Marshall on one occasion,. “ If-yn.fi and I,keep friends till this ’scouring is over you 'sha’nt be short of a £2onote” One of the accused further took Marshall to ‘ Ashburton on one occasion, and paid all h}s expenses. On February 2lst, the younger McCaskill, in the absence of, Marshall* sept away 6 bales or the" company’s wool. At the present .stage of/the case the prosecution were not prepared tp prove where this wool was sent. The following evidence. Was then called for the prosecution Joseph /Baseley said he was agardener, living at Temuka, He went on Hie 21st January into the employment of accusedasa fell monger and general band. He believed that when he joined, the firHldhere was no wool belonging to the Marine Insurance Company oh the premises. Witness observed j that the wool that was ,at that time on the premises was damaged by fire and water, 'He judged byitho burnt wool npd tinjber that there must have been a fire on the premises before he;joined., The wool was being scoured .W.hen wit ness arrived there. Witness' saw about 25 bales made upland nine or ten then remained to.; be-. scoured. This latter wool was lying loose, not made up into bale* land' witness judged there was enough-to make up nine or ten bales. He remembered ..the arrival of some wool from tbe Capbmere., ,He. was told by McCaskill himself that it was from the wreck. After its arrival nothing was done With- the loose stuff lying siboofcthe shed;" The damaged bales ’of the ship’s wool were picked out and tint open. The remainder, which not considered damaged was - I tacked up. The names on the bales were Clayton, Hadfield, Howard, and some others which witness ' could not remember. Witness was mostly engaged in wheeling tbe wool from the wool-sorters to the While 1 So engaged witness heard McCaskill senior, say to Maclntyre a sorter, “Fill that with merino wool from the bin,” at the same time handing him dn old bale. The wool in the bin was from tbe City of , Cashmere. Witnese sa'w Macirityre.a Chinaman, and another man fill the bale as directed. The-Chinaman sewed it tip, and it was carried' into the woolshed. No wool was kept, in the woolshed or in the spot, where. it went to, but there was other wool. in. another part. The Bcoiiretl wool in shed belonged to the Insurance Company.’ The wool from the wreck had then been sorted but not scoured. ’ McCaskill, senior, was prepjant ; qp that occasion only while ordering the removal. About a week after witness saw McCaskill and his son open a bal'o'belonging to the’ Insufance Company, and carry it by degrees into 1 the woolshed and place it where the last lot 'bad been nut. This wool also was unscoured. Besides the two bales (removed as just described) witness saw three, other bales filled by hand from the bio; and carried to the woolshed and placed with the others empty bales being thrown on them. > It was unscoured wool. . Witness -knew Mr Marshall. He (Mr • Marshall) was not present when this took place. The three inen who removed the last three bales Wore in the employment of McCaskill and Rooney. Witness heard inStrnctidfls given prior to the removal of tHe first lot, but none on the second occasion.

[Mr Ilaracrsley objected that there ) evidence that the men referred actually in the employ of the accused and the Bench coincided with counsel’s view.] The next thing witness saw was bales of scoured wool sent away in an express on the 21st February by Mr McCaskill Jr. Witness did not know whither. The man’s name was Forward, The wool so sent was from the ship and belonged to* the Insurance company. Witness saw that the bales were marked Hand li over T in capital letters. This is

I McCaskill and Rooney’s brand. Witness knew a man named - Golden, and .he heard Golden say to young McCaskill, “ Where are you sending this wool -to, Johnny, and Marshall not here?” Young McCaskill replied, “ I’m trying to make a fool of Mr Marshall, and very likely get him the sack.” Marshall was away on that day; he and McCaskill,.senior, had left the premises previously, oh that day. They returned on the following day. Witness could describe one bale that was carried by himself to the .wash on that day. It was between 7 and Sin the morning. Mr Marshall bad not then arrived on the premises. It was not usual'to take a bale down hrjthout passing it through the sorter’s hands. This wool belonged to the Insurance Company. It whs scoured but witness did not know what became of it afterwards. • During these transactions Mr Rooney was occasionally on the works but witness had never spoken to him further than to say ‘‘Good day.’’ Witness had never heard Rooney give any directions.

To Mr Hamersley—Witness never saw Rooney take an}' part in the, business.- The accused have a scouring place at Silverstream. never before employed in woolscouring., The bale witness saw taken was wet outside but dry inside. Witness could not read the name,on it. He went to look at the wobl. He had'Suspicions because it was covered up , with old sacks.. Witness thought the- firm, bad, through their hands, besides the damaged wool, about five or six bales of their own, hut could not swear to the number, .Witness, watched them covering up.the:Wool,'nnd they were also watching him, but’ -they did not know of his watching. To the Bench—l was wheeling, a burrow and watching all the time. , . They did not remove it off the premises, and witness watched them for 15 or 20 miuutos. There wore Bor 10 men about, but witness was the only man who, from the position of the bales, could have seen accused. On further consideration, tho scoureiis might have been able to see the removal. Witness saw only 6 bales go away on the day specified, others might have gone at the same time. The six bales all went pa one express. Witness believed he was wheeling wool. as usual when this took place. ■ To the Bench —I had to wheel a distance of about 50 yards. ■ Witness was sure he was attending to his duty while the removal went on. Witness could not say whether more wool was taken, he conld only swear to the one dray load. He was sure of the six bales. -He did not remember any wool coming from Rangitata at this time. At this time there were 9 or 10 bales of unscoured and stained wool belonging to the firm; on the premises. Witness did not know how many bales came from the City of Cashmere. Witness did not know anything about the Rangitata wool. He knew nothing of it, nOr of the date the ship’s wool, came in, it was perhaps 5 or 6 weeks after his arrival. He remembered the date of the 6 bales going away because he put it dowu on a bit of paper which He believed he had left at Temuka. He looked at it before he came away this morning to make sure of the date, but did not know date of any other oc-, currenee.

To the Bench—Several load# of the Union Company’s wool went away by express at different times, but Ido not know whore it was sent. Those bales Were marked I think, but I am not sure. I left the employ of accused 1 of my own accord. When I heard the conversation between Golde n and accused, I think I must have been doing my work of wheeling. I. gave information of this to Mr Davidson a few days ago. I also gave information a fortnight ago to the General Manager of the Union Company in Christchurch. James Pulton Marshall, being called refused to take the oath in the usual way, but made an affirmation in Scotch fashion. The Bend), on his assurance that the affirmation was binding adroitted the witness’ testimony, and the examination proceeded. Witness was a tanner and skinner by occupation, but at present was acting as an inspector for the Union Insurance Company. , . , , At this stage'Mr White asked for an adjournment. The witness was in so' strange a condition that he thought nothing could be done .with him to-day. The Bench granted the remand as requested, but as no case existed against Booney, he,was discharged. The case was then adjourned till Thursday next, bail being, fixed as follows: the older McGaskjll, himself in £2OO, and two sureties of £IOO each ; and, for the younger, £IOO and two sureties of £6O each. . : ’ .