RESIDENT MAGISTRATE’S COURT.

Temuka Leader, Issue 1522, 7 December 1886, Page 2

RESIDENT MAGISTRATE’S COURT.

Geraldine—Monday, Not. 29, 1886. [Before H. C. S. JBaddeley, Esq., R.M., and Messrs H. W. Moc.e, R. H. Pearpoint, Rev, G. Barclay, aod Dr Fish, J.P.’s] DRUNKENNESS. A first offender was charged with this offence, but, be not being in a fit state to appear the case was postponed till the following day, CIVIL CASES, J; Tindall v. F. Ellery—Claim £2O, | £ls for wrongful detention of a mare and foal, and £5 damages for such detention. Mr White for plaintiff, and Mr Lynch for defendant. Jane Tindall, plaintiff, sworn, said ; This mare was sold on the 9th of April at the sale of my husband’s effects by myself as administratrix of Thomas Tindall: The things were sold by Mr Mundell. Before the I

Bale 1 told defendant 1 would like to have the mare bought in. On the morning of the sale he asked me if 1 wanted her bought in, and I said 11 Yes,’' because she was a great favorite, I said if she went cheap to buy her in, if a good price was offered to let her go. After the sale be said he bad bought her in for for £7. 1 said that was all right. She was in my paddock and never taken out. Her foal was with Lur. I remember Ellery going away from Hilton. He paid his account. I said he had best take the money for the mare, as I might not have it if he sent for it. He said he had more money to get in the district and it would be more to get when he came back. In June ! received this letter (letter put in). I never sent the money to him, because he said in the letter be would send me a telegram, and 1 was wailing to hear where [ should send it to. Before defendants return one Silas Lock came to me and said be had bought the mare and held a receipt. He wanted the money. I told him if he would give me Ellery’s address I would send the money to him. He said I had no right to send the money to defendant; the mare belonged to him (Lock) and he be would take her, but be did not. On. the 22nd of Nov. defendant and Lock tool: the mare away. 1 spoke to Ellery and asked him what be wss going to do with the mare. He said take her home. I said I thought be bad better come and see about bis money first. He said he did not want the money but the mare. I have not seen him since to speak to him. He has the mare and foal. The foal is by the horse Discretion. The mare is now in foal to General. To Mr Lynch: He did not tell me on the day of the sale that I could keep the mare if I sent the money to him when be wanted it, and he would keep the receipt till 1 paid the money for her.* I bave not paid, but the money was there if he sent me the address. I did not pay Lock when be asked for it. He bad a piece of paper in his hand. He said he bad a receipt from Frank, and the mare was hia. I did not say I had a receipt.- I know William Patrick. Ha bought a horse in for me, He paid £4 for it. I gave the money to my son to do it.: I remember Patrick and Ellery being at my house on the day of the sale. I then promised Ellery that 1 would send him the money when he let me know. Ilia mare in the meantime was to'be mine. When they took the mare 1 told defend* ant to come and get bis money, and leave the mare alone. I demanded the mire since, through my son by my instructions. 1 never sent Davey for the mare. I swear positively 1 bad a cheque of Mr Muodell’s in my house to pay defendant. The cheque was for £7. I never instructed my son to send Davey. At the date of the sale I should have considered the mare cheap np to £lO, as horses were then very poor. I never worked the mare while she was in my possession. To Mr White : I paid Mr Scott three guineas, and five shillings for grobmage. I instructed MrSherratt to make a demand for the money. George Meredith, sworn, said; 1 am: a farmer, living at Kakahn. I know the mare and foal in question. I was not at the sale of them. 1 saw her about ft fortnight ago. Supposing the mare to be in foal, I should value her at £lO or £l2. To the Bench : I have had a good deal of experience among horses for the last 12 years. John Tindall, son of plaintiff; sworn, said: 1 know the mare in question. Ido npt know her age. We have had her for nine years, I was present when mother offered defendant the money, and he refused. This was about a week after the sale. She said he had better take the money. He said be would not, as ho had plenty more left in the district to get when he came back. To Mr Lynch : I know Davey. I have had no conversation’with him about this matter. Mary Tindall, daughter of plaintiff, sworn, said : I was present when mother spoke to defendant about the mare. This was about a week or two after the sale. He came to pay same money he owed. Mother offered him the money for the mare. He said be would not take it just now as he had some more to get in the district, and he would get it then. The amount was £7. C. B. Sberratt, bailiff, sworn, said : I made a demand on defendant last week, I demanded the mare and foal the subject of this action, on behalf of plaintiff. He said be would not'give her up unless he was compelled to. 1 did not produce any authority from Mrs Tindall when making the claim, John Mundell, sworn, said: 1 gave Mrs Tindall’s daughter a cheque for £7 at my rooms a short time ago. She fold me it was to pay for a grey mare. I know the mare and foal in question. If they were in good condition at the present time'and in foal to General, the whole would be worth about £l4. That is as far as l ean tell, not seeing her. She was in very poor condition when sold. To the Bench : 1 could not say exactly what her ago is. To Mr Lynch : The receipt produced is the one given by me to Ellery wheat ha purchased her. Mrs Tindall, recalled, said: The mare was a young one when my husband got " her. I think she had just been broken}* to the saddle. We had her three or four years before she was broken into harness. Mr Lynch, for the defence, submitted that he was entitled to a nonsuit. He contended that defendant had bought the horse and had got a receipt, and’could not be charged with wrongfully coverting his own property. Francis Ellery, defendant, said; I

know the mare and Mrs Tindall. I re* member the sale of Mr Tindall’s estate on April 9th. I had a conversation ■ withplaintiff the morning of the sale. She asked me to buy the mare in for her, I said I will on the condition that you give me the money when I require it, or give it to anyone that I may appoint. I bought the mare in on those conditions. I paid for the mace and took delivery of her. I then afterwards turned her out on the Kakahu riverbed. I left the distrust after that for the North Island. On the night of the sale I was at plaintiff’s house. William Patrick was present* She said, “Well, Frank, if I can’t pay you the money when you require it you can sell the mare, and there will be no more about it.’ She offered no money, I afterwards sent a letter Silas Look, and had left him the receipt produced. X never sent a receipt to Mrs Tindall, Lock and 1 teok the horse from the rivet*

bed. While taking the mare plaintiff naked me what I was going to do with the mare and foal. 1 said I was going to take ! them away. I did so, telling her that she would not give roe the money before, and n ow I would not let her have the horse. Plaintiff had never offered the money until I was taking away the mare, but it did not then suit my purpose to take it. It was only in this way she ever offered it. I reckon £9 the outside value of the mare with the foal now. She has improved somewhat since the sale. I have been offered £8 for the mare and foal last week by Davey. I took the mare from Mr Wigley’srun. To Mr White ; The reason why I put the horse on the riverbed after the sale was because it was too late to take her to Mrs Tindall’s paddock. I have never tried to sell the mare. I could not sav exactly what dale I went away. I remember the auctioneer giving it out at the sale that the mare was stinted to General. William Patrick, sworn, said; I rei member b nr at Mrs Tindall’s boose on the night ■ o sale. They were talking over tho Mrs Tindall said if she had not the money to pay Jh® “"w , when KHary wanted it he could sell the mare or do what he liked with her. I know the mare. Idont think she is in foal. I saw her served by General before the sale. • To the Bench ; I consider her value £9 or £lO, and the foal about £2 10s or £3 fair value.

Silas Lock deposed ; I remember going to Mrs Tindall’s house with a receipt and letter. I claimed the mare, and she said she had a receipt too. I asked her to show me the receipt but she did not. She said if 1 would give her Ellery’s address she would send him the money. I was with Ellery when he took ' the mare away. We saw Mrs Tindall. She asked him where he was going with the mare. He ssid he was going to take -her away. She said be bad better come and get bis money. He said she had refused to pay him, and would not give it up to me, and he would not lot her have it-now unless forced. This witness was subjected to a long cross-examination by Mr W. White who failed to shake his evidence. William S. Maslin, sworn, deposed, . (hat owing to the death of one of Mr ' Mundeli's relatives be conducted the sale for Mr Mundell, and the mare hud been described as stinted to Qeneral. After a short retirement the Bench said they were of opinion that plaintiff had quite made oat her case. The judgment would be for her. They were of opinion that defendant applying tor the horse was entirely an afterthought. The value of the mare and foal they put at £l2. They thought it was a great, pity the action had been defended. The judgment was for £l2 or the return of the mare within 48 hours, solicitor’s fee £1 Is, and witnesses’ expenses. CRIMINAL CASES. [Before H. W. Moore, Rev. G. Barclay, .R, H. Pearpoiut, JSsqs,, J.P.s.] , Patrick O’Raw was charged with stealing a quantity of wool to the value of £45, belonging to Michael Guerin.

Thomas Lewis, sworn, said; lam the stationmaster at Rangiiata. I remember - the 151 bof Nov., 1886. Mr O’Raw consigned four full bales of wool and one half bale to Jonas and Bourn, Timaru. Th« bales were branded PO. The charge to Timaru is 2a 2d per bale. I wrote this letter (produced, and marked exhibit A), and O'-Raw signed it in my presence on Nov. 29th, addressed to Moss Jonas, Michael Guerin, prosecutor, sworn, said ; I am a farmer, living at Kakabu. 1 remember the 14»h of October last. On that day 1 «■ nt some sheep to Mr O’Raw a to graze, about 200 at 2d each per week. I bad previously offered to sell him these sheep at 10s per head cash, or on approved bill. He offered me a bill, but as ■ there was no backer I did not take it. I refused it because I thought it no good to me. I did not sell him the sheep. I did not give him authority to shear or sell them. I next saw them on the evening of 29th November. They wore then in O’Raw's paddock, shorn and branded. I knew them by the earmark, and his acknowledgement that they mine. They were branded PO. My earmark is the tip off both ears. The breed was about three-quarterbred. On the 30tb I asked for the sheep and the money for the wool, and told him I would then pay him for the grazing. He told me the wool was sent into Moss Jonas’, but not sold. He told me he bad raised some money on it, He told me t#o or three different prices. The whole would amount to about £ls. O’Raw said the sheep in the paddack were mine, but he would not give them to me. Ho has never sent me a bill for grazing, He gave me an order for £3O. The order was written by Thomas Clayton, landlord of the Star of the South Hotel, He did not tell me when he gave the older that be had written for another £2O. I took the order because I thought it acknowledged the wool os being mine. I value the wool at about £4O. I took possession of the sheep on 2nd inst. To Mr Lynch ; I gave him delivery of the sheep, but got no bill for the grazing, When I offered him the sheep for sale 1 would have taken a bill of two or three months’eodoraement. He did not take them away upon the understanding that 1 would take the bill if be could find a suitable backer. If I could have got the money from him I would have taken it. 1 should not have taken any proceedings if I could have got the price of the wool. One day O’Raw was very drunk when he

came to my boose. Mr Lynch said it was the wish of this witness that an application for the with* drawat of the case should he made. He ' thought from the evidence of this witness that there was not the slightest fraudulent intention. Tne Bench decided to hear the evidence in the case. George Winter, farmer, Rangitata, deposed : I know the prisoner O’Raw. I am a shearer as well as a farmer. In October last be asked me to shear some sheep. I shore them on the Bth Nov. J did not notice the brand or the earmark, 1 put the brand PO on them. Harry McLellao baled the wool, and I helped him. We branded the bales PO. 1 shore all the live sheep on O’Raw s nlace. 1 was a sked to shear some dead ones.* I did not do them. I shore 194 sheep. The sheep taken away on the 2nd r 0 j December were the sheep I had shorn s w»dbi«od«d

Constable Willoughby, sworn, said: From the information 1 received [ went to the South Rengi'ata Hotel to see about the matter. While waiting there O’Raw came to me on Dec. Ist, and made tha following statement; That on the I4th Oct., 1886, he bought 200 sheep from Guerin at 10a per head, to be paid for within two months j that tho bargain was made at Guerin’s house without witnesses ; that he had shorn the sheep, intending to give Guerin the proceeds of the sale of the wool. He told me he had got an advance of £l6 from Moss Jonas, and given an order for £3O on the same firm. The order is exhibit B, which was then in my possession, having been given to me by Guerin. O'Raw said that the sheepthen in his paddock were Guerin’s,and that Winter bad shorn cbem. On the 2nd inst. O’Raw brought me a letter marked C (produced) from Moss Jonas, which contained a cheque for £ls. I asked him ,whf he gave Guerin an order £3O w ben he knew he Im-1 already drawn £l6 and written for a funner advance of £2O on wool worth £4O. The reason was disclosed to me by the letter marked A. He said he had forgotten having written the letter asking for tho £2O. On the evening of the 2nd inst, I arrested him on the present charge. After his arrest he stated that Mr Thomas Farrell and Mr Connolly, of Geraldine, were both aware of him having bought the sheep from Guerin.

Thomas Turnbull, accountant to Moss Jonas, Timaru, deposed ; i’ho wool came to hand on Nov. 16th. The railway receipt (produced) has the office marks on it. The wool is now at the firm’s wool store. O’Raw was in on Nov. 5. He saw Mr Jonas, and wanted an advance on wool to bo shorn. Mr Jonas told me to give it to him, I gave him £lO. On Nov, 19th a further advance of £6 was given. I remember receiving exhibit A and sending exhibit C with a farther advance of £6. The wool was worth 8d per lb. There were 12401bs net. I never saw the order £3O (exhibit B) before. If it had been presented at the office it would not have been paid. To Mr Lynch: There was a margin to his credit on account of the wool on the date of exhibit B. Thomas Farrell, licensee of the Crown Hotel, Geraldine, stated that he did not know anything about the sale of the sheep to O Raw. Michael Connolly, saddler, Geraldine, was also called, and denied any knowledge of the sale of the sheep to O’Raw. He remembered O'Raw asking for Guerin at his shop about the middle of October last. For the defence Mr Lynch submitted that if the application for withdrawal were not granted the evidence disclosed had not borne out tho charge of larceny. Ha contended that the informatien should have been laid for larceny as a bailee. He did not think the present charge could b« supported at all. After a short retirement the Bench stated that they should have given some attention to the desire of the prosecution to withdraw the matter, but that they thought the better plan was to let the case go before a higher Court. They were under the impression that if thecasewereallowed to drop it would be very strongly opposed by the Minister of Justice. They were quite of opinion that a pritna facie case had been made out. Defendant was committed for trial at the next sitting of the Supreme Court to be hclden at Timaru, bail being allowed : himself in one surety of £IOO, and two sureties of £SO each. Prisoner reserved his defence. The Court then reae.