RESIDENT MAGISTRATE'S COURT.

Temuka Leader, Issue 1197, 28 June 1884, Page 3

RESIDENT MAGISTRATE'S COURT.

Geraldine— Wednesday, June 25,1884.

(Before H. 0. Baddely, Esq., R.M., and Rev. G.Barclay,J.P.) AIIBOBD I/ABOBKY. Alexander Matin was charged with having on or about 9 h July taken away eight bags of oata the property of Joseph Wharton and Alex. Weill. He ->»g also charged with having on or about the tame date feloniously stolen one five-pronged fork, the property of Timothy McGilHcuddy. Dr Foster appi ared for accused. The accused pleaded not guilty. Timothy MoGillicuddy, deposed to living near the Orari Tiaffio Bridge, and had tome growing on his 1 md. He identified the fork produced as his by the marks on the end of the iron and.the handle also. Ho valued it at about; 4 j 6d. By Dr Foster : I have had the fork four years. I last uicd it about a month ago. I have not Been ib for the last three weeks, I firit roifsed it abmt 11th June last, at night when I came home from work. I live on the main road. ThVpaddock in which the fork was ia near the main road, by the bridge. It is on the right-hand side going up from here. Ellen McGillicuddy, deposed : I know tho fork produced. I have worked with it. I know it by marks on the iron and the handle. I latt used it on Saturday 7fch June digging potatoes near Orari Bridge. I afterwards put it in a goree fence. It was usually put there after using ib. On the following Wednesday I went to uae it again but I oould not find it. John Grave, deposed: I remember on the 9th June being at Mr W. Barker's, Scotsburn. I came home about half-past four by the Orari Bridge. I met accused about half a mile this tide of the Orari Bridge. He was driving an express. He had a black dog wifcn him. I spoke to him and he replied. By Dr Foßter: Acoueed had no one with him at the time. Alexander Neill deposed : I live at Wharton's, about a quarter of a mile from the bridge. I know McGillicuddy "s. I saw a manJike aooused on the road on 9th June. I knew the express and the house. I saw him go along the road and pass MoGilliouddy's paddock. By Dr. Foiter: That was about 5 p.m., it was light enough for me to see. I folly believe the man I saw was Martin. He went down a road about twenty chains and then turned round, and came back into the main road. He did not stop when he turned round. I could not see McGillicuddy's paddock cr whether be stopped there. John Vince deposed: I remembsr 9th June being at Mr B&rfcrum'i, Cooper's Creek, and returned about 5 p.m. I met a young man dressed in drab clothea and a drab hat. He had an express with two bay horses. He had a black dog with him. He ran over the dog, and picked it up when he got over the second bridge. I met him neat McGilliouddy's cottage. By Dr. Foster: The man I saw was going towards Getaldine. He was driving a fourwheeled express. Constable Willoughby deposed: On Fri* day 13tb, I received information of a fork being taken from McGilliouddy's potato paddock. From information I received I went to acouaed's house, where I found the fork produced. I arrested acouaed, and afterwards took him to the lock-up. He was followed by two degs, one oi which had its leg bound up. Accusod said he piokud ib up as he wus going to Low's sale. TV fork was iden'ified by a son of MoGilli cuddy's. For the defence, Thomas Hawkey deposed : I am workn. s at the Bank of New Zdaland buildings, and remember on 9th June going with aocused to Mr Postlethwaite's, and orossed the town bridge to the right. We started about 8 p.m., and got back to Geraldino about, 4 p.m. I waß with him all that time. He left me abouS 4 p m, and I know nothing »boufc his after movements. Maud Martin, rfepoted: I am sinter cf accuied, and remamber 9ih Juce. I was with him in the afternoon about half pest four or a qaarterto five. We were riding i <> his express. We went to the bush and gnt tome wood, and went home again. We get home about half past five or a quarter to six. We went through the town at the baok of Mr Mundell's to the bush, and not across the. bridge. We want up the hill, My brother left me in the trap and went away about tan minutes He brought, some wood and put it in the express. Wo oame straight home afterwards. Before we started for the busb be arrived from town about half-past four or » qaarter to fire. P n'b remember seeing anyone on the rosd going or cuming. By Constable Willoughby : I went with m, brother to Low's saje. J did not see bim pick up a fork on tbe rosd. Sj the bench: My brother has talked over the matter with me, atd told me to be careful aud tell the truth. We went to low's sale about htlf an hc.ur »fter dinner. We live abiut three miiee from Low'i. The evidence in the other oase was then gone info. Alexia.* Neill drposed : I am partrer with Joseph Wharton. We had tome oatD Btowed in a house near Oraii Bridge. There were about 72 bags. Tbe wicdowa were secured, but one had a pane of glats broken in it. Tbe baok door fastened from the intide. I bare miised some of the oats, and

one window I found open as well as the back door. lam sure there wsre eight bags gone. There may have been more. I saw marks of en express whre 1 -.ufceide. (The witness here repeated hb aviiieuce as given in the previous oage in regard to seeing aocuced with his exprots on'the road). Th<> oats taken where Danish, similar to the ones produced. I also had another kind of oats in tho house. The sample produoed is similar. John Grave, deposed : About half a mile this side of Orari Bridge I met Martin drivan express about half- past 4 o'clook on the 9th June last. He wore light clothes. I spoko to him John MoQ-illiouddT, deposed : I remember on Monday, 9th June, seeing a man dnvi"jr an express with bay horses. It was loaded with full bags. Efe'was a young man. He had a dog with him He passed my father's paddook where I was in. I told Neill that I Bsw a man with saoka, but I have not told anvone I saw somoone taking them away. John Vince, deposed : On the 9th June I was at Mr Barf rums, and left at 5 p.m. I overtook an express on the road about a chain from the cattage. ]> *vas >- ; r r irh'en by a joung man dressed i" listit, The express was loaded i'jll tftoko. I left him when near Mr Cunningham's. It was about half-past five when I overtook him. Constable Willoughby, deposed : On 11th June I received information that a lot of oats had been removed from a house near Ortiri Bridge. I went and saw a window broken in the hou*e, and noticed traoks of wheels suoh as used in an express Prom information I afterwards received I went to accused's house and saw a bin with about two .)Bgs of oats tnerein. I told ooouaed what I had come about and he said he had none but what he had bought from M> Pearpoint and paid for. Walter Spurdon, deposed : I em manager <>f ML. Inwood's mill at Winchester, and know prisoner. He is an exprees driver. I saw h;m at tho mill on Tuesday lObh June about 9 o'olock. He brcu ht, 8 bags of oatu to tbe mill and he asked ma to crush them for him. I produce block of receipt book I gavo him a receipt for them. The sample produced is similar to them in color. Maud Martin gave evidenoe for the defence.

The evidence being conoluded, His Worship remarked that with regard to the first case the aooused oonnectad himself with the stealing of the fork, and he considered thai; the evidence brought forward was conclusive that he had stolen the fork. Being the first offence the aooused would be kept to hard labor for 21 days. In regard to the oats, they were not sufficiently identified, and he should therefore diimiss the case, although there was a very strong oage of suspicion against the acousefl. The Court rose at 6,15 p.m.