RESIDENT MAGISTRATE'S COURT.

Southland Times, Issue 722, 11 September 1867, Page 2

RESIDENT MAGISTRATE'S COURT.

(Before H. MeCulloeh Esq., R.M., and H. Armstrong, Esq., J.P.) Monday, September 9, 1867. John Morison was brought up charged with stealing a five-pound note, the property of Daniel Mulligan. Mr Harvey appeared for the prisoner. Daniel Mulligan, a sawyer living at Cowan's Bush, deposed that on the 2nd inst. he was at Cameron's Accommodation House, Castlerock. He was sitting reading in a little room off the bar when he heard the prisoner's voice and called him in. After some conversation witness called the landlord, Cameron, to get change for a£s note. The latter returned it, saying " I have none." Witness had it in his fingers when prisoner said, "I have plenty of change; I can change it," at. the same time taking it from witness — not by force, but as anyone might take it. Prisoner folded it up, put it in his pocket, and walked outside. Witness asked him to deliver back the note or give him the change. He refused, saying, "No ; I will not. I think you owe me money." Witness said he hoped there would be no larking or playing tricks, and asked again for the money, when prisoner began to kick up a row, and wanted io fight. Witness then went in for pen and ink, and took down prisoner's and the publican's names, and the date. Morison then went away. It was then about mid-day. This was about 15 miles from Morison's (prisoner's) own Accommodation House. Witness did not owe him money that he knew of. Had been drinking, but was perfectly conscious. Next day he saw Mr Morison at his (own) house, and had a glass of gin. He said, " Good morning. Had I any row with you up country? Was I drunk? Had I anything from you?" Witness replied, "I will answer that in another place. 11 Morison the^ said,

" Come back, and I will settle with you." Witness replied, "No; I will have a settlement in a court of justice." He then reported the matter to the police, and next day went to Mr Armstrong, and obtained a warrant. ' Cross-examined by Mr Harvey — The conversation was about an account tween'Ps. Morison said there might be' a few shillings between us. I did not call Mr Cameron in to get change to pay him (prisoner), but he was in the room. I did not in his presence hand prisoner the note and say " keep .£3." I alluded to <£2 I was sending with him. I will undertake to swear that I did not say I would take <£2 back. I spoke of giving him £2 for a certain purpose (witness was understood to say " cart hire.") In Cameron's presence I did say something about two pounds, but I cannot recollect particularly what. In effect it was to give two pounds for a certain purpose, which was not mentioned in Cameron's presence. Ido not recollect saying that if he got £3 of the .£5 that it would pay his account. Ido not recollect Mr Morison saying there 'would be only a few shillings coming to me. When prisoner was outside the house, he said to Mr Cameron that he would give a receipt for the £5, but I would not have it. I call that stealing. lam very well aware that lam not due Mr Morison £5. [An account was handed to the witness, who said, " this is for £4 Us 6d." After examing it for a short time he remarked, " I positively swear this account is "not correct."] AVitness continued : Morison did not tell me that he could not positively name the amount of my account — not having the books at hand. Before going to Cameron's he had said, only a few shillings coming to me, but that was on another matter. I considered it would be compromising a felony to settle with him. Mr Harvey — " You geem pretty well up in legal terms, eh ?" "Witness—" Oh, I don't know." ' Duncan Cameron, landlord of an Accommodation House at Castle Bock, remembered a conversation between the parties on the 2nd inst. Mulligan opened the door of the room they were in and asked for change of a £5-note. Witness returned it to him saying he had no cash. Mr Morison said he would cash it, and witness then left the room. Afterwards they came out — it seemed that Mulligan wanted £2 out of the £5 from Mr Morison. Witness could not recollect the precise words, but understood there was a debt between them. Morison said he would give an acknowledgment for the £5 till he would see his books to find what balance was coming to Mulligan, and that he, or his boy, would Tse tip the next day. By Mr Harvey — " Morison was thinking there was more than ,£3 due. Mr Harvey said he would make no remarks on such a case. The prosecutor was not worth an action for damages, but he (Mr Harvey) would apply for the costs in the power of the Court to award. After an adjournment of a few minutes the Court resumed. Mr M'Culloch said " we are of opinion, that no larceny has been proved against the prisoner as to prove such offence, it must appear that the property was taken without any bonafide claim of right. In the case before the Court there was a presumed right — there were evidently accounts between the parties." The information was dismissed, and costs (counsel fees excepted) amounting to £5 2s 6d allowed. Mr Armstrong remarked that although the charge of larceny had fallen to the ground it must be borne in mind that Morison had done wrong to pay himself. Such a practice, if permitted, would soon lead to a general belief that " might was right " and should not be allowed to pass unnoticed. Although Mr Morison had offered to give au acknowledgement, it had been proved by the informant that the money was taken against his will. Mr McCulloch— " The informant still has his remedy in a civil action to recover his ,£5 -note, and any damages accruing." I —