Police Court, PAEROA.

Te Aroha News, Volume VII, Issue 456, 22 March 1890, Page 2

Police Court, PAEROA.

TUESDAY, MARCH 18, 1890. (Before Messrs N. Kenny, and J. Jlott, J.’sP.) Charge of Larceny : In this case Alexunder Angus, of Paeroa, labourer, was charged on the information of Walter Thorp, of Paeroa, farmer, that he did on or about the 23rd February last at Patron, feloniously steal, take, and drive away, one gelding, of the value of £4, of the goods and chattels ot the said Walter Thorp.

Accused asked the Bench if he could have the case heard before the Resident Magistrate.

The B-*nch replied if accused gave any good reasons for so doing the case would be referred to the R.M., but if the reasons lie gave were considered frivolous the case would be gone bn with nt once. Accused after considering for a minute or two, taid he would not ask to have the case referred to the R,M. At the lequtst of accused all witnesses were ordered out of Court. Constable A. J. Mitchell conducted the case for the pro-eculion. Walter Thorp (sworn), deposed, in reply to Constable Mitchell : Ain a farmer, living at Puke. Know the accused, who was in the employ of my unde, John Thorp, up to about Bth February last. At that time I had a bay horse branded D S. on near shoulder Told accused on February 9th to take the horse to my father’s paddock about three miles f;om my uncle’s place and have reason to believe he did so. Neither on that or any other occasion did I authorise accused or anyone else to take or dispose of the horse. Accused never told me he intended going to Waikato to look for work. I value the horse at £4. The horse I saw outside the Court this morning is the horse I refer to. By Accused : I became possessed of the horse by your exchanging it for a mare of mine, which you did without my consent. I gave you the other horse to blister for me, but not to sell. Ido not recollect saying I would take £4 for the mare. I was not Satisfied with your disposing of the mare for the gelding. I had the bay gelding at my uncle, John Thorp’s place, on February 9th. You might have had the gelding in your possession about that time. I do not recollect telling you that Sweeney, with whom you had exchanged the gelding for the roan mare, was not satisfied with the bargain. Ido not recollect refusing to re-exchange horses, Sweeney stating I had got the receipt and would keep the gelding. The horse was never in your charge at all except when I told you to take it up to my father’s place. I did riot agree to pay you anything for Peaking the exchange of the mare for the gelding. Cross-examined by Constable Mitchell: I never gave accused authority to exchange or dispose of the roan mare. Although not satisfied with the exchange I consented to it, not wishing to get accused into trouble at that time. I have had no conversation at any time with Sweeney about the exchange of horses.

By the Bench : The exchange took place on February Ist., that is, it came

to my knowledge on tkat date. When ■accused made t!ie exchange he showed mean agreement which I accented, relative to the exchange of the horses. By the Bench (at the request of accused) : 1 did give accused an order for £1 after the exchange of horses (order produced, dated February 9th). Ten shillings of this was to pay accused for blistering the mare. Ido riot know what the other 10s was for.

Alfred Joshua Thorp, sworn : I am a farmer, near Paeroa, and know accused °aw him at my place about Bth or 9th February, riding one horse and leading another. The horse he was leading was a dark bay horse branded D S, and in low condition. He told me it was Walter Thorp’s horse, who had sent it to graze for a short time. He stated Walter had swapped his roan ra.re with Snodgrass for the ore he was leading getting £2 to boot. 1 received the horse, which remained iu my paddock for some time, and I then missed it. By the Bench : The horse I saw tied up outside the Court this morning is the hers 3 in question. Win. Boden (sworn) : I am a settler residing at Waitekauri, and know accused. About 19th February last he told me he had swapped his horse with Sweeney for another which he pointed out to me in Mr Thorp’s paddock. The horse tied up outside the Court is the same. He gave me clearly to understand it was his own property, and asked me to swap my horse for it. John Jas. Cassidy (sworn) : Am a butcher, living at Ohaupo. Saw accused on Februa-y 28th on the road between Ohaupo and Te Awamutu. He was riding a bay horse which he offered to sell me for £3. That was the horse now standing outside.

James Mel). Leith, butcher, Te Awamuiu, also deposed that accused had, on February 28th, offered to sell him the horse.

E iward Lowthcr, police constable, Te Awamutu, deposed to the arrest of the accused, who acknowledged having possession of a bay horse branded D S. He sdd lie had an understanding with Mr Thorp, of Paeroa, that he was to take the horse and look for work, and that if he could sell it for £4 to do so and remit the money to Mr Thorp. I took possession of the horse which was running on enclosed land near the fl .xmill where accused was working. The horse tied up outside the Court was the fame.

Alf. J. Mitchell (sworn) : Am police constable at Paeroa, and know accused. Saw him with a boy driving a horse out of Mr Earl’s paddock on Sunday, 23rd February. It was the same horse now outside the Court. For reasons of my own I went to accused and said 1 thought that was Earl’s jumper he ha< there. He replied lie had got it from Snodgrass, and had given the hoy 5s that, morning to get it out of the pachlock but it got away and he had to come for ii himself. To Accused : I have no donht whatever you told me you got the horse from Snodgrass. This closed the case for the prosecu tion. In accordance with. Section 3 of “The Criminal Evidence Act, 18 9.” the Bench then having duly cautioned accused, asked him if he wished to make any statement. Accused elected to take advantage of the Act, and made a statement to the following effect Alex. Angus (sworn) : About December last I was working for Mr John Thorp at Puke. Walter Thorp came there with the roan mare referred to. One day he rode her to Te Aroha and brought her bacn lame. I advised him to blister her and sell her when she got right. We agreed that I should blister her for 10s, aiid if I could sell her lie would allow me anything over £4 for my trouble, or I could exchange her for a young one. I took the mare on those conditions. Met Alex. Sweeney in Paeroa and offered to swop horses with him if lie gave ma £3 to boot. He offered me £2 and I agreed to exchange. Saw Sweeny afterwards who said he would not give me the £2 as the mare had gone lame. Told him I was only working on commission for Walter Thorp, After that saw Sweeny again who said he had seen Walter who had told him he was to pay me 10s for sellin . the mare and that he would stick to the bargain. Saw Walter on Sunday, February 9th,'and asked him for the money. He said he would give me an order on Tom'Smythe. He gave me the order for £1 which has been produced. He asked me where I thought would be the best place to graze the horse. I decided to take it to Alfred Thorp’s. When going there met Walter and told him where I was going. He replied ‘ all right.’ Some time afterwards I met him on the road to Owharoa, and told him I was going to Waikato to look for a job and would take the horse with me if he wished, and if 1 could not sell it I would keep the horse and send him the £4. He said : “ all right, but the sooner you can let m<- have the money the better/’ Have not seen or spoken to l.im till this morning. Cross-examined i.y Constable Mitchell : I did not teli Sweeney I was part owner of the mare. The £2 boot was not.paid by Sweeney, He paid me only £1 and Walter Thorp authorised me to keep it. Alex. S .veeney (sworn) : I recollect agreeing (o exchange horses with accused, ho to receive £2 to boot. He told me the mare belonged to himself and Walter Thorp. He never told me at any time he was selling it on commission. Some timo after making the exchange I spoke to W. Tliorp about the transaction and he said lie would like his own mare back. Accused told me to stick to the mare. Cross-examined by Constable Mit-

chell : All through the accused gave me to understand he and Thorp were partners in the transaction. Thorp told me lie was dissatisfied with the bargain made by accused.

John W.Thorp (sworn): Walter Thorp slept at my house the night befote accused left my employ. Could not say whether he was at my house that Sunday or not.