RESIDENT MAGISTRATE'S COURT

Thames Star, Volume VII, Issue 1993, 25 May 1875, Page 2

RESIDENT MAGISTRATE'S COURT

THIS DAY.

(Before J. Xilgour and JE. W» Pucker,

Esqs, J.P's.)

ALLEGED STEALING OF FBXJIT TREES

. Frederick Bennett was charged with stealing a quantity of fruit trees from Parawai Gardens, of the value of £25, the property of one ,W. H. Cassin, on or about the 23rd day of May, 1875. Mr Macdonald appeared for accused. Mr Bullen said accused had been apprehended about 10 o'clock last night. He (Mr Bullen) knew very little of the case, and Mr Brassey, prosecutor's solicitor had been expected to be present, but was not. He would therefore have to ask for a remand until to-morrow, to which course he presumed Mr Macdonald would offer no objection. Mr Macdonald said in an ordinary csse he would no^bbject, but they wished to take a atauu'at once. The facts of the case were, as he understood, that there were two respectable men in partnership in the management of Parawai Gardens, his client and the prosecutor. There had been a dispute and Mr Bennett had possessed himself of a portion of the partnership property. Mr Cassin had then sworn an information, and had his client arrested, and now camo and asked for a remand, to which he objected. All that Mr Bennett (the accused) had done had been done at the instance and adrice of Mr Miller, and he would therefore oppose tbe.remandiug of the case and ask the Bench to dismiss it. Mr Bennett would always be there when wanted. The prosecution could institute a fresh charge. ; Mr Bullen submitted that the case should not be dismissed, but he would offer no objection to the accused being admitted to bail; and it was not for a long time that he r wished the case remanded—only till to-morrow. He would not ask for h-avy bail. As Mr Macdonald had remarked, accused was a respectable man, and his own recognizance might be deemed sufficient security for his appearance to-morrow. ""• The Bench, were of opinion that the ■ case could not be dismissed. It would be no hardship: to accused; to have the case remanded till to-morrow. The matter had already been made public, and .no injury could be incurred by accused in the remand. The Bench would require accused to be bound in his own recognizances to the amount of £10 to appear to-morrow. .--, r , - The Court adjourned. . . .