A PECULIAR CASE.

Taranaki Daily News, Volume LVII, Issue 11, 1 June 1914, Page 6

A PECULIAR CASE.

POLICE v CHAPMAN. ] At the 'Supreme Court at Wanganui, William Chapman, of Fordell, was charged that on the 24th day of February, 1914, at Auckland, with intent to defraud by the false pretence that he was if. Mon.Uii, a per/on who had consigned six horses to Buckland & Son. auctioneers, of Auckland, for the purposes of sale, attempted to obtain from the said firm >::{ Buckland and 'Sons the sum of £132 Bs, the net proceeds of the sale of the said horses. Giving evidence on his own behalf, Chapman admitted that he had given instructions to have tho horses consigned to Auckland under the assumed name of Monath, and that statements he had previously made to Detective Siddclls were, untrue. He refused to say where he got the horses, on the ground that it might incriminate him, and said that his reason for sending the horses away under a fictitious name was that he was in debt all around Wanganui and Fordell.

In the course of Mr Mutton's address to tho jury (say.s the Chronicle) his Honor pointed out to him that the gravamen of the indictment was that the prisoner had attempted to obtain payment of the proceeds by representing himself to he the consignor, and asked Mr lltitton if he contended that the evidence supported the charge as laid. ,

Mr Button admitted that it did not, but asked for leave to amend the indictment by charging that the prisoner had represented himself to lie entitled to receive the proceeds of the sale of the horses. His Honor declined to amend the indictment at that stage.

hi his direction to the jury his Honor fold them that there was evidence from which the inference might be drawn that the horses had been stolen, but that there was no evidence to support the indictment as laid. His Honor added that (his arose from the lies that the prisoner had admittedly told tho police, and that it was to be hoped that the police would be able to trace the ownership of the horses in question. Upon this direction tho jury, without leaving the box, found tho prisoner not guilty.