RESIDENT MAGISTRATE'S COURT, LAWRENCE.

Tuapeka Times, Volume I, Issue 5, 14 March 1868, Page 3

RESIDENT MAGISTRATE'S COURT, LAWRENCE.

(Before Major Croker, R.M.) Monday, 9th March. William Ramsay was again brought up on remand, charged with stealing a cow, the property of J. Toban. Sergeant Smith appeared for the prosecution ; and Mr. J. L. S. Keen for the defence. James Smith, being sworn, deposed — I am a butcher, residing at Wetherstones. I know the prisoner. I remember seeing him, about three or six weeks ago. I saw him at Pat .Lyng'B. He had a body of beef in a cart. I asked him where he got it from. He replied that it was a cow that was running handy to the yard. Prom my knowledge of cattle, I knew that from the appearance of the meat that the cow had either calved or was about calving. I knew it from the thick creamy substance in the udder. It is common with butchers to kill cows in calf. Mr. Keen commented on the evidence of the various witnesses, and stated that although many witnesses had been called, they had entirely failed to prove that the cow in question was that of Toban's ; in fact, there was nothing in the evidence against the assumption that the cow was still running about the hills. The Magistrate summed up. The prisoner was discharged. The prisoner was immediately afterwards charged with having, on the Ist February, feloniously stolen and taken away, a chestnut mare, the property of Alexander Sutherland, contrary to the Act made and provided. Sergeant Smith conducted the case for the prosecution; Mr. Keen for the defence. Alexander Sutherland, being sworn, deposed — I am a shepherd and stockowner, residing near German Gully. I can't say I remember the 31st of January last. I remember a Friday about that time. I turned my mare out on that evening. The mare was branded Hon off shoulder. I made a search for her on Saturday afternoon. I did not find her. From something I had heard, I reported the matter to the police on the following Tuesday. The mare is now outside the Court. The first time I saw her after being taken away, was on the Saturday following. She was brought home by my brother. I have no knowledge personally where she came from. My brother told me he had brought her from Dunedin. I never sold her, nor did I give authority to any one to take her away or sell her. Andrew Smith, being sworn, deposed — I am a shepherd, in the employment of Mr. Lancaster. I was in his employ on the Ist Februaiy, being in a hut between Lawrence and Bungtown. I saw the prisoner on that day. He came to my hut. He had two horses with him. He was ridiag a black horse and leading a chestnut mare. I would know her again; she is now outside the Court. When he came to the hut he tied the horses, and asked me for something to eat as he was hungry. I asked him if that was Matheson's mare, or if it now belonged to Sutherland, but he made no reply. I knew that Matheson and Sutherland were living together. I examined the mare, and remarked that he had his swag. He answered yes. He stated that it belonged to one of the shearers who lived in a hut on the hill. He took the saddle and bridle off the black horse and put them on the chestnut mare. He then went away, and he desired me to look after the black horse until his return. Corporal Dunn, of Waipori, being sworn, deposed -On Ist February last, between seven and eight o'clock, p.m., I saw the prisoner riding the mare outside the Courthouse at Waipori, coming from 'uue direction £.*T")imedin. I took particular notice of him. law him stable the mare in Reynolds' stables attniiufifi. I did not know the rriare was stolen. He remained that night. I don't know where he went afterwards. 1^ entertained a suspicion that all was nof'riglit. n (Here the witness ffasistopped by the Court.) . Mr. Keen addressed the Bench for the ' aefence, and endeavored to prove that even if the evidence of the various witnesses'was true, tne only remedy was to recover/ costs »and. damages by a civil action^ There was no proof of felonious »^aten*. a felony, it was toTprove that the prisoner intended to convert the property to his own permanent use. A causal luen must be proved before the plea of felony could be maintained. The horse was returned to the owner, and it never was in the hands of the police. The Comb I tiled that the prisoner, being there charged with feloniously stealing, the onus probandi lay upon him to prove that there was no felonious intent. Unless he could prove that, he would commit him. The police applied for a further remand to enable them to get more evidence, as in the absence of the Magistrate they could not get any subpoenas. Mr. Keen objected. The Court, however, ruled that a further remand of one week would be granted, prisoner to find bail in £100, and two sureties in £100 each.

Thursday, 12th March. Grpenslade and Co. v. Reid.— Claim of £22 for a dishonored bill. Verdict for plaintiff.