POLICE COURT.-This Day.

Thames Star, Volume XIV, Issue 4664, 15 December 1883, Page 2

POLICE COURT.-This Day.

(Before, H. Eenrick, Esq., E.M.) A DBUNK.

S. Buller, for being drunk,'was fined ss, or ordered to be imprisoned until the rising of the Court.

DRUNK. WHII/E IN CHAEGKE OP. A "COACH

AND HOESES

James Maguire was charged with being drunk while in charge of a carriage, and horses.

Mr Miller appeared for the defence^ and pleaded not guilty. John Townsend said he was at Parawai and saw a coach driven by defendant. Thought that defendant was talkative and excited, but could not say that he was the worse for liquor ; saw him subsequently on the Parawai road, a'fed the horses driven by him were going furiously.

Miss Harriett Crick deposed that she was in a coach driven by the defendant from Paeroa. Saw a bottle of liquor with him, and fearing that they would not get down safely she took the bottle away from him. When on the road between Hikutaia and Puriri. the driving was very fast, and the coach upset. Left the coach near Kopu, as it was going so fast, and she was being " jerked about.'' Got on the coach again at the Bridge Inn, and remembered nothing that took place after that until she subsequently awoke from a sleep. v (Here the witness was cautioned by the Bench, and a statement made by her to the police, read over to her, the accuracy of which she admitted). She was afterwards thrown out of the coach. The driver was the worse for liquor.

Mr Miller submitted that the evidence did not disclose that the defendant was drunk, and there was no case to answer.

The defendant, upon being sworn, stated that he was not drunk on the day in question. The coach was not upset as stated, but the cause of it nearly capsizing near Puriri was his endeavoring to drive around a hole in the middle of the road in a cutting. The last witness got out near Totara Point to walk, and defendant agreed to wait for her at the Bridge Inn.; Then started to drive to Thames, and shortly after arriving on the main road a bolt got out of the swingle-tree, and the horses commenced to kick and bolted into town, and while doing so Miss Crick jumped off the coacb, and the driver was subsequently thrown off in Pollen street.

Richard Duval deposed that he saw Maguire at Kiri Kiri, and he did not appear to be drunk. Wm. McKenzie said he saw Maguire driving three horses on Thursday week. He met him at the Bridge Inn; he seemed quite sober; did not speak to him.

Another witness subpoenaed could not attend owing to being in the Hospital.

The Bench said the evidence was not sufficient to cause the conviction of; the defendant on the charge of being drunk while in charge of horses, but had he been charged with reckless driving the charge would have been proved. The case was dismissed. XABCENY. - James Christie was charged with stealing a truck belonging to tne Kurunui Hill Co. „ Mr Miller, who prosecuted, explained that the prosecutors did not wish to press the charge if the accused would admit the offence and pay the expenses already incurred. It was a common practice to take trucks and rails away, and the chief reason of the present action was to put a stop to these actions. He called

T. H. Crawford, who deposed that a tribute in the claim had been given up by a party who had left a truck and rails in a drive, which he ascertained afterwards were missiDg. He went to the defendant's workings, and saw the missing truck and rails there. Asked him if he had removed the articles, and he said he had taken a loan of them, and witness could have them if he wanted them. He admitted that he had received no permission to remove them. About 90ft. of rails had since been returned, but a great deal more had been removed. The truck had been returned. The value of the goods missing was about £<L. All rails laid down by~ tributcrs. became the property of the company upon a tribute being relinquished.

- W. Innes sworn deposed that ho gave up a tribute in the Kuranui Hill Co. about 3 weeks ago, and gave up the truck and rails then in the drive to the last wiU ness for his. Saw the truck afterwards in the defendant's drive in the Moanatairi mine. Gave the defendant no permission to remove the truck or rails.

S. "Viall, a partner of the last witness, swore that when giving up the tribute ho had from the Company, he left the truck in question in the drive, and subsequently saw it in Christie's drive in the Moanatairi mine. Gave the defendant no permission to remove the truck.

The defendant was then.-: .'.formally warned that aprima facie case had been made out, and that any statement made by him might be used against him. He stated that he had neither handled nor touohed the truck until ho returned it. He was unaware that the truck was the property of the company, and he had only intended to temporarily use it; ho had made no attempt to conceal the property, and it was customary with tributers to take the loan of idle trucks. The loan of the truck was taken with the intention that it should be returned to Innes and Viall if they claimed it, as the defendant understood it was their property.

The case was dismissed, after the Bench had shown the defendant the risk he had- undergone in removing other persons' property, but it thought that ho had no felonious intent.