POLICE COURT.

Colonist, Volume IV, Issue 329, 14 December 1860, Page 3

POLICE COURT.

. [Before J. Poynteb Esq., Resident Magistrate ] Saturday, December 9,1860. Laiiceny.— Christian Bencher was charged by Christopher'Lange with having stolen a quantity of goods, his property. . Christopher Lange swern: I am a farmer, and live at Waimea West, on property belonging to Mr. Eban; I was living there on the 28th November last. I have a separate entrance to the part of the house I occupy (three rooms), Mr. Eban occupying the other part. I left home on the 28th of December last at about twelve o'clock, and returned next morning about four. I had been at John Haaley's wedding, he having married my wife's sister. I neither met nor saw any one on my way there. On the morning of the 28th I found goods which belonged to Dencker, and which were there under the verandah covered with some of my hay when I left, were gone. Two doors were fastened on the inside, and one was locked ; all were fastened when I left. On entering I missed three bags of flour belonging to me, a portmanteau and a box. I found two bags at Jessop's, and one at the Holly Bush (produced); missed also my pockot book from a table drawer, containing £15 in £1 notes on the Union Bank, also two acceptances (one for £32 and one for ,£ls) my property; a receipt for passage money (£8 55.), and a receipt for £14, paid to Walker the constable, which I have not yet found; missed also several other arti- j cles, and some goods belonging to Dencker. The i goods came in my possession by being brought there by Mrs. Sterling (now Mrs. Dencker). Mrs. Sterling owed me £24 for goods, lodging, and work. Dencker applied for the goods before he was married, but I refused them owing to the debt of Mrs. Sterling. I told him if he would pay the debt he might have the goods. There was a suit brought against me by Dencker in the District Court, Dencker claimed £69 18s. 6d. I agreed to submit it to arbitration. Mr. Barnicoat made an award in my favor, but I have received nothing; I still claim to hold the goods for work due to me. Cross-examined by Mr. Stamper: There was £15 in the pocket-book, I put some in it about three weeks ago. I never borrowed any money after I put the money there. I borrowed ss. from Mr. Lban in town; some of the goods I claimed as a lien on Mrs. Dencker's debt. The arbitration did not order me to give up the goods; Dencker never desired me to give up the goods. I left no one in possession of my goods when I went to the wedding. Did not leave Mr. Eban in possession of my part of the house. Mr. Eban showed me a paper when I came back, drawn out by Mr. Eban, and signed by Dencker, and witnessed by one John Smith. Mr. Eban said when I returned "some one has been here, and stolen or taken away some goods belonging to you." He showed me a paper protesting against them; Dencker frequently demanded the goods as his property, but i wanted to be paid first. E. B. A. Eban, sworn: I live at Waimea West; Lange occupies a portion of the house, and can enter separately by the means of a glass door. Remember being at home on the 28th November last, and the prisoner coming there about the middle of the day with carts and a number of men. The party having gained access to the open lobby, I enquired the nature of their visit. Mr. Dencker, appearing in the meanwhile, informed me that he had come to take away his goods from the lodgings of his family. He said the lodgings had been broken open in the night-time by Lange and others, himself, little ones, and Mrs. Dencker had been forced to fly for their and his safety, and all his goods unlawfully seized, He had therefore come to take back his own under all risks, after fullest instructions as to the course to be followed. He showed his force, against the use of which I protested. I have here my written protestation, signed by Mr. Dencker, and witnessed by Mr. John Smith:— [copy.] . November 28,1860. This is to certify that I and my party have this day taken possession of three bags of flour, sundry trunks, boxes, a saddle and bridle, a saw, sundry articles of crockery, spade, axe. &c, my property, detained by Christopher Lange, in Mr. Eban's premises.- I have taken possession of these articles without Mr. Eban's prior knowledge of my purpose to do so. Christian Dencker. Witness, John Smith. I witnessed the removal of the goods from the lobby, the open verandah, the chamber of verandah, and Lange's rooms. One of the three glass doors communicating with the verandah and centre room was locked outside, the others closed, but without proper fittings, being simply on their hinges, and destitute of fastenings, excepting a shingle nail to keep one in its place, and a small weather-board nail to keep the other from casting. As I knew the nail, or one like it, had been turned aside as a latch hundreds of times formerly, to ventilate the room, I told the party I supposed there was no occasion to do more than turn aside the moveable nail. It was done, and Mr. Dencker and some one else with their fingers pulled the door open. I seriously cautioned s Mr. Dencker as to the flour and other things; but he insisted what he was taking was his own, and removed it accordingly. I saw no pocket-book or lock disturbed. I myself afterwards drew out the loose nail to re-close the door before all. Will not swear that the bags of flour produced in Court are the same that were drawn fron under Lange's bed, and some, other place of concealment. Mr. Dencker said there were many things which he could not find, but he removed several which I see here to-day. The magistrate said his mind was not exactly clear to commit in this case, but thought he should bind Mr. Dencker over to appear when called upon, should any information be laid against him, at the next sitting of the Supreme Court. Wednesday, December 12. Markßfythe was summoned by Constable Sherwood for allowing one cow, his property to stray on the Bth instant. Charge admitted. Fined 2s. 6d., and 6s. 6d. costs. Janet Macdonald was fined ss. for allowing two head of cattle to stray. Costs, 6s. 6d. Furious Rimm.--William Watts was summoned for furiously riding a horse in Hardystreet, endangering the lives of her Majesty's subjects. The magistrate said there were always complaints being made against the defendant of this kind; he would overlook the offence this time, but^ cautioned him that if he ever came before him again, he would fake away his licence as driver. David McKenzie of the Pelorus was summoned by Alexander Scott, butcher, for jgto 7s. for horse hire. Judgment for the amount with costs. Robinson v. Cox for boat hire,—To pay 10s.. and £l la. costs. /. Stamper v. Mary Ross, executrix, for jglO 13s. on the late Robert Ross, note dated sth January, 1858, payable 12 months alter date at interest. Debt not admitted. Mr. Stamper produced a pro. no. of the late Mr. Koss, due January, 1859. Eoss died in July, 1858, six months before the money became due on the note. Mrs. Ross produced a paper which she found among some old documents in the cash box belonging to her late husband. The paper stated that it was settled with Ross, but not by pro. no. The magistrate adjourned the case for fourteen days for further evidence. Dawes v. Dogherty for £4 4s. for rent. Adjourned for a week to give him time to pay ifc. Crowther v. Freeman for £6 for damage done through defendant cutting a drain, thereby damaging complainant's property. A. Rankin sworn: I saw a drain at the back of Norton's blacksmith's shop on the Beach, belonging to Mr. Crowther; the drain went across Freeman's land and came outside on Orowther's land about nine feet, the depth was four or five inches. I think it would cause the slip that lias taken place on Crowther's laud. I spoke to Mr. Freeman on the subject; have been acting as Crowfcher's agent during his absence. Nonsuited. Motueka Election. —In our advertising columns a numerously signed requisition to Mr. C. Parker will be found, with an affirmative reply from that gentleman. We are told that the lists of the Waimea and Upper Moutere requisitionists were not received in time to add to the list, which would have contained a considerable number of additional names* had such been the ease.