Wednesday, February 26.
Ho:rsb Stealing. — William Divine was brought up, on the information and complaint of John Clark, for stealing a bay mare, which was his property, branded Won near side of neck, and Won near shoulder.
! John Clark, sworn, deposed : He was a baker, residing in Ross Place, Lawrence. Knew the mare outside the Court. Was last ixr.his possession on the 4th inst. The next time he saw her was in Oamaru Hotel stables on Wednesday > the 19th inst. He saw prisoner on that day ;he ferookj^o^him. Constable Dunn was with HMHPrk), and told prisoner that he to^restjhim for horse stealing. ? andjbeing Soon after n Sfc ta presgj - '< wer H%el the (
about the mare. On the way td the lockup} prisonor said he was sorry hd had taken the mare. A person named James Thomas pointed out the mare to him as the 1 One 1 brought down by prisdner; The mare was handed over to him (Dunn) by Hugh Collins, grodm at Oamaru Hotel stables, wild was present when this conversation took" place;
Mr. Keen said he would not trouble his Worship to redd the evidence taken on the 19th inst. by two Justices of the Peace at Oamaru. — His Worship, however, road Thomas' evidence^ Which went to show that he saw the prisoner riding the mare, which he identifiedi On the 19th inst., prisoner had offered to sell Thomas the saddle for £3, or the horse, saddle and bridle for £22.
Mr. Keen thought it rather hard for, the prisoner that Thomas was not present to be cross-examined.
Constable Dunn said the prisoner had every opportunity to examine the witness at Oamaru.
His Worship asked if there was any evidence to show that the mare now outside the Court was the same one.
Constable Dunn stated that that evidence was given in this way, namely : Thomas 'pointed out the mare in the stable which prisoner had been riding, and he (Dunn) brought it away.
Mr. Keen said he would reserve his evidence in the case.
His Worship asked the prisoner if he had anything to say, reminding him at the same time that whatever he might say would be taken down as evidence.
Prisoner said he had nothing to say.
His Worship committed prisoner for trial at the first sitting of the Supreme Court.
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Tuapeka Times, Volume I, Issue 3, 29 February 1868, Page 3
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387Wednesday, February 26. Tuapeka Times, Volume I, Issue 3, 29 February 1868, Page 3
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