RESIDENT MAGISTRATE’S COURT.

Temuka Leader, Issue 2083, 9 August 1890, Page 2

RESIDENT MAGISTRATE’S COURT.

Geraldine—Thursday, August ?.

[Before H. W. Moore and Dr JTisk; Eeqe., J.P.’fi] ALLEGED XABCEirr.

George Allington, a flax dresser, was charged an the information of George Hitchcock, another . flax dresser at Orari, with stealing a roller and a piece of leather belting of the value of £2. Accused, who was defended by/Mr P. Wilson Smith, pleaded “ Not .Guilty,” The story of complainant and hia ' . manager, Mr G. A. White, wMrjkbftt defendant agreed to hire from complainant a quantity of machinery for flax dressing at Makikihi. The defendant did not take the machinery to Makikihi but to Geraldine to start a flax mill there, and in addition to the articles agreed upon took one. or two others, including the roller and belting mentioned in the charge. Complain* ant spoke to him about it, and, he said ' it must be a mistake and promised to T return them the next day. On thr following day he returned the other' articles and on being asked said he had nothing else that was not included in the agreement, and that if com- ; plainant wanted to , ascertain he could go to Orari and see. In the meantime complainant found the machines had y not gone to Makikihi as it was repre-

sented it was to, but to Geraldine, and he examined it there with ; tho : result that he found the roller and belting mentioned. Hp then laid the present complaint. 1

The evidence bt defendant was to

the effect. that the articles mentioned

were included in the list of articles arranged to be hired, and the roller was specified in an agreement drawn' up and, signed by both parties. The agreements had been stamped and signed, both parties having a copy bat. the agreements bad afterwards been' destroyed by complainants manager by mutual consent. A piece of belting bad been mentioned, but the »i*ai was not specified, and as the belt taken was laid on the machinery he concluded that it was the piece of belting he was to have,- and took it. He did not say complainant could go to Orari and examine the machinery, but simply told him to go and examine it. The evidence of G. Foster, an engineer in the employ of complainant at the time of the transaction was to the effect that he distinctly heard Hitchcock tell AlHngton be was to ’ have the roller and saw the former lay it out to be loaded on the dray. H. Balston, who drew up the agreement between the 'parties, swore distincly that the roller was specified in the agreement, which Hitchcock signed and which was afterwards torn up.

Copping, carrier, deposed to loading up the machinery for Makikihi, but afterwards persuading Ailing ton to take it to Geraldine, and start a mill there. The roller and belt were the heaps of articles gathered together to be carted away. Hitchcock was there nearly the whole of the time while the dray was being loaded np, but left toward the end of the loading. The machinery was deposited in wit- ’ ness’ yard, which was close to the main street, where anybody could see it. There was not the slightest attempt made to hide any part of it. Their Worships said they were quile decided on that there was no intention to commit a theft, and they considered it a most ridiculous thing to bring such a case before the court. The case would be dismissed, They also said they did not wish defendant’s character to suffer owing to the charge being 1 made, and fully exonerated him from all blame in the matter.

The expenses qf ope witness pnd solicitor’s fee, £1 Is, were allowed, and the court rose.