RESIDENT MAGISTRATE'S COURT.

Temuka Leader, Issue 2337, 31 March 1892, Page 2

RESIDENT MAGISTRATE'S COURT.

Temuka—Tuesday, March 29, 1892. [Before C. A. TVray, Esq., R.M.] ALLEGED LARCENY AND FELONIOUSLY RECEIVING. Jas. Tucker was charged with having stolen and carried away, on the 22nd inst., three sacks of oats, the property of Thos. v Simpson, of Waitohi Flat. W. v Eaglestone was charged with feloniously receiving three sacks oats, valued at 19s 6d, the property of Thos. Simpson. Mr Hay appeared for Eaglestone. Both accused pleaded not guilty, and the charge against James Tucker was taken first. Thomas Simpson: I am a farmer, residing at Waitohi Flat. Remember the night of the 23rd. About half-past seven 1 heard about my loss, and reported same to the police about nine o'clock. Next morning (Wednesday) 1 went home and had a look at my oats, which were in sacks stacked in a paddock. There were about 1000 bushels in the stack. I noticed that the stack was disturbed, and missed 3 sacks. I know three were missing by the way they were stacked. A dray track up to the stack and out of the paddock was to be seen. There were no other tracks there. The ground was very wet. I returned to Temuka again after that, and were with the police'when they searched Wm. Eaglestone's premises. I saw Tucker there. Saw him coming out of the front door of Eaglestone's house. We proceeded to the shed, accompanied by the police. Eaglestone was on the premises. Saw three bags of oats in. the shed. When Constable Morfon told Tucker what they were there for he led ; the way to the shed, and said: " Here are ths oats." He pointed the oats out. The oats were not in my sacks, they were in dry bags. The bags were tied in a j peculiar manner. My bags were sewn I with Russian hemp binding twine. Two of the bags were tied with the same kind of twine as mine were sewn with, but the other one was not. Do not know of any other sacks in the district being sewn with binding twine. My oats were dun oats, and those we found were dun oats. Only knew of one other lot of dun oats on Waitohi Flat (Fraser's), and they were not thrashed. Saw three new sacks there empty and wet, and examined them, and they were of the same description as mine. They had a blue stripe, and the oats adhering to them were'the same class as mine. Have seen the sacks in Court this morning. The sacks are the same sort as those taken from Eaglestone's.

Heard an altercation between Tucker and Eaglestone while Tucker showed us the bags. I said : " They are not the bags my oats were in. You must have shot them out of mine." Tucker said :" I did not shoot them; Eaglestone shot them." Eaglestone said: "I did not shoot them at all." Tucker said : " You needn't say that, because you know all about the oats as well as me, and helped me to shoot them." Heard nothing more then. Saw a grey horse and dray there, and heard Eaglestone claim them as his. Heard Tucker say he got the--horse and dray to go for some oats to 1 Waitohi, and that Eaglestone knew where he was going knew all about it. The police removed the bags to the station. Saw the accused Tucker about the neighborhood where I> live about a week before the occurrence. The oats were there then, stacked. Value the oats and sacks at about £l. Never gave anyone authority to take any of the oata. To Mr Hay : Knew Eaglestone before this, by sight. Was told he was working I at Mitchell's, harvesting, near my place. Was told on the 22nd how many sacks were gone. Anyone looking at the stack could see how many were gone. They were stacked in tiers of twenty. Had seen them that day, the 22nd, about 10 o'clock. All the tiers were complete then, with the exception of the tisr last made at the opposite end of the heap. Found a gap of three bags where the tier was previously complete. Bundles put against the stack to protect them wore moved. There were 235 sacks in the stack, according to the machine tally. Have counted them since, aud there were three short. It was raining heavily tlffi night they were taken. The paddock) was very wet. The tracks I saw on the 23rd inst. were not there on the 22nd. The tracks I saw were ths only fresh, ' ones, and were a foot deep in soma places. Could follow the tra.cks on to the road. When I saw the sacks at Eaglestone's I expected to see new wet aacks. The empty sacks were on a rail drying. Don't think dun oats are very plentiful in the district. Binding twine might ba used as sewing twine by others if they ran out of the latter. Eaglestone did not to my seeing over the premises. Don't know that Tucker lived at Eaglestone's. Have seen him before.

To Constable Morton : Saw the dr;iy at, Eaglestone's. Noticed the wheels, were broader than the common ones, and would make a mark similar to those I saw in the paddock and on the road. Christopher Horsman : I am a farmer, residing on Waitohi Flat, My house is about a chain from Mr Simpson's paddock. A road divides our farms. Knowaccused Tnekejr, Saw him on the evening of the 22nd coming out of Mr Simpson's paddook He had a horse and dray ; the I horse was white. Heard the dray coming through the paddock, and saw him coming out of the gate. Saw ligWfcr. colored sacks in the dray. Could aot make out the number. He went towards the Opihi riverbed. He could make Temuka most conveniently from that direction. Tucker was harvesting for mo this year. Promised him no oats, and owed him none. Mr Mitchell, who is my step-father,, had no oats threshed. What ■ oats he had were at Rangitira Valley. Have not seen the oats in Court before. [He then examined them]. The oats I have seen are the same kind as those grown by Mr Simpson. Know of no other farmer in the district who has grown the same oats. Am positive it was Tucker I saw. Eaglestone worked for me this year, and about a week previously he came up to my place for wheat and oat chaff. He could see the stacks off the road. Had no oats to give anyone. Sll ß only oats I had were not threshed—sparrowbills. Eaglestone would know that. To Mr Hay \ I was behind the fence » on the other side of the road when I saw T~ Tucker about half-past seven. No other may was there. Eagleatone was forking

for me during harvest. Don't remember Eaglestone asking me for oats after I threshed; he asked me for straw and chaff. My oats are milling oats, not feeding. Eaglestone was with me, and knew what kind of oats were there. Men forking are in the habit of eating the oats during the day, and he would know the kind of oats I had. I had only 14 acres. My house is not opposite Simpson's. My house is about half a mile from Simpson's, and my stacks about 20 chains from there. I was informed about 10 minutes before that Tucker was slopped opposite my gate, and went out and looked for him. He was not there, and I walked up the road. I went back, and then saw him coming out of the paddock. Followed him up to Simpson's house, and when I got thcro said "Good night, Jimmy Tucker," but he did not answer. Sent my brother to ascertain what was in the dray. To Mr Hay: Tucker had worked for me eight or nine years, and Eaglestone three years. James. Horsman, brother of the last witness, corroborated his evidence as to seeing accused Tucker coming out of. Simpson's gate with a horse and dray. He turned towards the Opihi riverbed. The witness said " Halloa Tucker," but I got no answer. He then struck a match I and counted the sacks on the dray. Followed the dray, and again accosted ascused, but got no answer. To Mr Hay the witness said he was within two or three feet of accused when he spoke to him, and there was no one else with him.

Eugene Egan: I am a constable stationed at Temuke. From information received I got out a warrant for arrest of Tucker, and a search warrant to search Eaglestone's premises. to Eaglestone's house with Mr Simpson and Constable Morton on Wednesday morning. I charged Tucker with stealing oats from Mr Simpson's paddock. He said he bought three bags from there, and that they were in the shed. Tucker, Eaglestane, Simpson, Constable Morton and myself went to the shed, and in it, concealed under some bags of wheat husks, found the oats Tucker said he brought from Simpson's. Eaglestone was there, and said he understood Tucker got the oats from " Kit Mitchell," meaning Mr Horsman. Tucker replied : " You need not say that, because you know where I got them as well as I do." Tucker and Eaglestone had a despute, and Tucker replied: "If you want to put me in for everything, I'll let everything out in Court." Heard Eaglestone claim the horse and dray. Heard Eaglestone say he understood Tucker got the horse and dray to go for oats, as they were short. Tucker is a single man, and has no stock. Sometimes Tucker sleeps at Eaglestone's, and works with him. In reply to a remark of Mr Simpson, Tucker said that as soon as he brought the oats home Eaglestone and himself shot them into dry bags. Simpson picked out some bags which he said were like his. I arrested both accused.

To Mr Hay : Know that Tucker gets I his meals at Eaglestone's sometimes. About twenty other sacks were on top of the oats. Only one of the sacks of oats was visible when we went into the shed. To the Court : The oat* were not completely covered. John Morton : I am a constable, stationed at Temuka. I accompanied Constable Egan and Mr Simpson to Eaglestone's house. Found Tucker, and ■charged him with stealing the oats from Mr Simpson. He at first denied knowing anything about it, and then said : " Come on, I'll show them to you." He led the way to the shed in Eaglestone's section, and when he came to the opening he said: " They're in there." Constable Egan went in, and shifted some bags of wheat chaff from the top of them. Only one bag of oats was visible. Tucker helped to get the oats out. No other oats were there. Eaglestone and Tucker began to dispute. Eaglestone and Mrs Eaglestone said Tucker had promised to buy oats from Kit Mitchell's, and that was what they lent him the dray for. Tucker said : " You need nob put it on to me like that; you did it before, but you'll not doit this time; when I get to Court I'll tell the truth about it." That was all that occnrred at the time of the arrest. Heard Tucker say : " You know as much about *• the oats as I do ; I don't want oats." To Mr Hay the witness said one would usually put some chaff under the oats not on the top, to keep them from the damp. In reply to the Court, after being cautioned, accused Tucker declined to give a evidence, reserving his defence. Mr Hay then addressed the Court on behalf of Eaglestone. He contended that

the only evidence against him was Tucker's statements, which should be taken with great caution. He quoted from Roscoe to show that where the only evidence against an accused person was that of an accomplice it was unusual to convict. Such evidence must be corroborated/ Eaglestone said he sent Tucker to get the oats from Mitchell, and there was nothing to show that he knew Tucker did not get them there. His Worship held there was a strong case to answer, and Mr Hay then called William Eaglestone : lam a laborer living at Arowhenua. Own a horse and cart, iiave only partly paid for it. Worked for Mr Mitchell and Mr Horsman, harvesting. Had a conversation with Horsman, and asked him whether he j had any oats to spare, as I should want some. He said " 1 might have some, and I might not." He said I could have what r chaff and straw I liked. One day last week I required some oats. My Mrs tried to get some in town. Have known Tucker far three years. He gets meals at

my place* ftWJep* when at work, bow I Tucker on 22ii4, #«4 gave him instructions to go to Waitohi aud m if he could get some oats from Mitchell if he had threshed. He said he would start about iotll' p clock in the afternoon. Told him to get two or three bags if he could get them. Gave him iny horse and dray. He came home about nine o'clock. It was raining heavily. We took the dray into the section and took the horse out. The oats were left in the dray till morning. Next morning we carried the oats into the shed and they were left in the wet bags. Eemember the police coming. Was woing for a bucket of water, and when I ■<& came back the constable, Simpson, and ' Tucker were at the shed. The oats were then in the dry bags. Took no part in putting them into dry bags. Had heard nothing about the oats being taken from Simpson's until the police came. When I got to the shed the outs were outside.

Constable Egan said I knew as much about it as Tucker. Told Constable Morton I knew nothing about it; that 1 had told Tucker to togo Mitchell's for oats. I use oats from time to time, but can't tell one description of oats from another. Had seen the oats previous to the arrival of the police. I could tell that they were different oats to those I forked, but did not know the name of them. Said no thing to Tucker about the difference. To Constable Morton : Have been harvesting since 1 was strong enough to do it. Did not send any money for the oats to Mitchell. Remember being before the Court before on a charge of having a rein on my premises stolen by Tucker, but the case was dismissed. Was cautioned. Remember being found by Mrs Spiilane in her garden at half past one o'cloek one morning near a sack of sharps pig feed. I got 28 days for being there. Remember working for Mr Woodhead at his drain. Mr Woodhead's tools were shifted. He didn't accuse me of stealing them. I was using the tools on his ground, and gave them up to him. Did not accompany Tucker about a fortnight ago on to Mr Eli Prattley's ground. Was not discharged by Mr Franks for stealing things. Asked him not to prosecute me on one occasion for the sake of my wife and children. Suppose he had some charge against me, but don't know what. To the Court: Did not tell Tucker how to get the oats. When I saw the oats were not the same as I forked did not think it necessary to ask him where he i got them. One bag of chaff was placed j on top of the oats in the shed, and some bags. During the morning Tucker and I were about the garden. Do not pay him for working for me, but he gets his tucker. Don't know that he was in the shed during the morning. Can suggest no motive for his stealing oats for me. His Worship then summed up the evidence at length, and concluded by stating that he was forced to come to the conclusion that the two were working together—one was as bad as the other — one stole the oats, the other received them. There was no evidence given as to their good character, but there was a great deal against them. Eaglestone had been convicted before, and Tucker had a record of a number of convictions. He must pass heaviest sentence he was empowered to, viz., six months' imprisonment with hard labor. CIVIL CASES. J. M. Twomey v. T. Daily—Claim 15s. Judgment for plaintiff with costs. W. McLeod v. J. Carter —This case was adjourned for a month on the application of plaintiff, as defendant was ill. The Court then rose.