RESIDENT MAGISTRATE’S COURT.

Temuka Leader, Issue 1243, 25 September 1884, Page 2

RESIDENT MAGISTRATE’S COURT.

Geraldine—Wednesday, Sept. 24, 1884 1 [Before Drs. Fish and Trevor, J.Ps.] larceny. W. P ( Smith was charged that on tin* 21st instant, he did take and carry away one bag of potatoes, valued at Bs, the property of Joseph Grimsey, of Belfield, Orari. The accused pleaded guilty of taking the property in question but not with the intention of stealing it. Joseph Grimse3 r deposed : I engaged accused to dig up a potato patch belonging to me. Shortly afterwards a party sent me word that I had better get rid of him as he was taking away the potatoes that belonged to me. Last Sunday afternoon I went towards the place and saw accused riding away from it on horseback, and his wife was driving a cart. In this cart was a bag of potatoes. I remarked to him that he had got my potatoes in his cart, and both himself and his wife acknowledged that they had, but said when they saw me they intended telling me that they had had a br.g of the potatoes. I told him to go back to the place and return the potatoes in the paddack from whence he took them. He did so. Cross-examined by accused : I used to go and see you at work digging the potatoes up each day, but afterwards I could not do so as I was busy. I was away some days previous to my going up there last Sunday. j By the Bench : I never gave the accused authority to take any potatoes off the I laud. The accused, in defence, said lie had a wife and children sleeping on the floor,

and tlie prosecutor not coming up when the job was nearly finished at half-past 3 p.m. lust Sunday (up to which time he worked), he sent his wife to borrow a horse. His reasons for doing this was that one could not always borrow a working horse during week days, and ho wished to remove his family off the place. He knew he could finish the work on the following Monday. His reason for taking the bag of potatoes was that he-could not get them away on any other day, and he intended telling prosecutor that hi* had so taken them. ' : The prosecutor said he never told the accused to dig up the potatoes on a Sunday, but that he was instructed to get them out of the ground as quickly as he could. The Bench considered that the offence was fully proved. There were several previous convictions against accused, and they should sentence him to two months imprisonment. The accused asked the Bench to order prosecutor to pay Lis wife for the work he had done. The prosecutor promised to do so if the work had been properly performed. The Court then rose.