SUPREME COURT.

Taranaki Daily News, Volume XLVII, Issue 81852, 27 September 1906, Page 2

SUPREME COURT.

WEDNESDAY'S SITTING. Before His Honor Mr. Justice Cooler. ALLEGED THEFT. , John Comrie was charged with having, on August 28th at Manaia, stolen a marc, saddle and bridlo and surcingle, the property of Alfred Lister, of Mangawkero road, Riverlea._ Accused pleaded "not guilty". i he following jury was empaneled : Messrs Jas Taylor (foreman), Henry Williamson, A. T. Thompson, M. J. McManus, E. Hunt, W. H. Roberts, W. J. McKee, Harry Rogers Jas Parry, Geo. A. Nisbet, and Mark Johnson. Mr. Kerr conducted the prosecution. Alfred Lister, the informant, deposed that the accused came to his farm on August 26th, a Sunday, and borrowed the horse, saddle and bridle, as he wanted to go to Pihama "to see his girl". He promised to return it the same evening, and witness lent the horse willingly. Accused had not returned it, and witness saw nothing of him for a week. He saw him then, and asked why he had not returned It, Comrie first said he still had the norse, and then admitted lie had sold it to a man named Hume. Witness valued the horse at £, 3 l and the other articles at £2. He had nevei authorised the prisoner to sell the horse, and had never offered to scl it to him.

l'rancia Hume, a farmer, at Manama, said he had known the accused i 9 n August 28th witnesfc asked mm in Patterson's eaddlery shop if ho wanted to buy a good mare. Witness said he did not mind, and accused took him to see the mare. Accused asked £7, but witness offeree £s> which was accepted. Witness produced the receipt for £5. He took tho horse away that evening, and subsequently handed it over to Constable Larro 1. Accused gave as his reason for selling that he had no grass, and the man he was working for would not let him keep the horse. He alec offered to sell the saddle and bridle but witness did not want these. lo accused: Had known him about a year or more previously, but only casually. Considered A the outside value of the animal. Michael Bolger, licensee of the Manaia Hotel a t Manaia, gave evidence that Bomo time in August the accused came to his hotel and offered to sell a saddle, bridle, and surcingle, explaining that he had already sold his horse and wanted to dispose f the other articles. After some bargaming the articles changed hands at 35/, on the understanding that at die end of the wok accused could get them back by paying back the money. The receipt was produced. Accused told him he was milking on shares m the bush, Lawrence Carroll, constable ai Manaia, deposed that he arrested the accused on the present charge on ist September. On stating the charge, accused said he had bought the horse for £6 10 and tae saddie and bridle for 30/, and that he w'as to pay for them in two months time. He said the bargain had been made on a Sunday morning in the paddock. This closed the case for the prosecution.

Accused elected to givo evidence, and was sworn. At the end of July lie started work for Mr Tait as a milker. Mr Tait was away from homt a good deal for the first fortnight, and accused had to do nearly all the ivork on the farm. His employer asked him if he would like a Sunday off. Mr Tait told him he could ride one of his horses, and he did so. During the' week foUowing, Listei came across Tait' s paddock, and spoke to him about the horse he had been riding. Lister offered as "good looking a horse as that for £6 10." Somo days afterwards he bought the horso at £6 10/. and the saddle and bridle at 30/, three months being alowed in which to pay. He was not satisfied with the animal for she went lame. After a day or two offered hei to Hume, and sold her for £5. Wh=n Lister met accused at Otakeho, he was on his way to Lister's whare for Ins belongings. Accused was in work at Martin's. Lister asked "What have you done with my horse?" and threatened that ' 'unless you pay £ls for the horse, saddle and bridle, and 7/ for my day's expenses, I'll give you in charge of the police at Manaia. ' Accused said, "Lister, I'll sec it out," Lister afterwards gave him ■n charge. Cros's-iexamined: Denied having borrowed the horse to go to Pihama. J Someone stole tho money from his I pockets in Manaia, with another ,£3 odd, and tho 35/ for the saddle, etc. He had had an accident aboard ship, lie had served a sentence for theft at Palmcrston, but was not sentenced ■ast year at EUham for theft. Was convicted there for stealing a watch at Eltham and got a month for it. le had served a month for obscene language on the railways, and to 4S hours for travelling without a ticket. His Honor summed up. The jury ictired for a minute or so, and returned a verdict of "guilty." Asked if he had anything further to say, accused said that at the time he sold the horse he had no intention or committing a crime, but sold it in the full belief he had a right to sell

His flonor: Wei] the jury has come to the conclusion that you stole tho horse, and I entirely agree with them.. It is a very clear cass. Accused was then sentenced to eighteen months' imprisonment, with hard labour. An order was made for the restitution of the horse and other property to Lister. IN CHAMBERS.

Re William Thomas J. Ford, deceased, letters of administration, wore granted to Ellen Ford as executrix. Mr Roy appeared for the applicant. Re Elizabeth Samuel, probate was granted to Oliver Samuel, the execu tor named in the will.

Re Duncan M'Lean, deceased, probat j e ffrantcd t0 Susan M'Lean and Alec Hunter, the executrix and executors named in the w ill, j{ r Halliwell appeared for the applicants. Un Mr Kerr's motion, &P order was made, under the Unclaimed Land Act, vesting section 1320, New Plymouth, in the Public Trustee

NAPIER SUPREME COURT. (Per Press Association.) n Napier, September 26. . At. the Supreme Court to-dav. the jury returned a verdict of ''Not JO'ty m tho case of Walter He n r v Wood, a lad charged with arson at Weber.