RESIDENT MAGISTRATE'S COURT.

Tuapeka Times, Volume II, Issue 68, 29 May 1869, Page 3

RESIDENT MAGISTRATE'S COURT.

(Before W. L. Simpson, Esq., R.M., and

A. Stewart, Esq., J.P.)

Tuesday, 25th Max. hobse stealing.

John Boss, alias George Oliver, was charged, on remand from Dunedin, with paving, on the 15th May curt., stolen a mare, the property of Or. Heaps, Teviot Road.

Mr. Keen appeared for accused, and Sub-Inspector Percy conducted the prosecution.

Greorge Heaps, sworn, deposed — I am in the employ of Chaplin and Co., as driver. I live on the Teviot Road. I know the prisoner ; he was a short j time in my employ. He told me his name was George Oliver. He left my employ and went to Higgs' ; and after a short period he came back to me again. On Saturday, 15th May, I left him in charge of my place. I went to Teviot on Saturday with the coach, and came back on the Monday following. He was not there when I came back. I was informed that the prisoner was riding my horse to the Beaumont. I was told that he sold her. .1 saw the mare on the Monday running on the ranges with her foal. On the Saturday I met the prisoner riding the mare, coming towards the Beaumont. I asked him what he was doing. He said that he was going to the Beaumont to order a load of straw for Higgs. I ordered him back, and to let the mare go. I then left for the Teviot. This would be about 10 a.m. No one had authority from me to sell the mare. The prisoner had no authority. The mare has an anchor brand on near shoulder.

Witness here produced receipt of purchase ; and the mare was brought before the Court-House and identified.

The Counsel for the defence had no questions to ask. By the Bench : He was in my employ on Saturday, the 15th curt. Inever gave him instructions to dispose of any thing whilst in my employ, excepting a watch and chain..

Thomas Irving, being sworn, deposed : I am a workman on the road between Beaumont and Teviot, On Saturday, the 15th, I was living at Beaumont Ferry. I know the prisoner. I knew he was Working at Higgs', but did not know who was his employer. I saw him on Saturday, the 15th. I was at home at the Beaumont ; it was about four o'clock. He was riding a grey mare; a foal was following. He told me he was going to take some goods to Lawrence for Mr> Heaps. He was then to sell the horse and dray by which he was conveying the goods, and he would not be back before Tuesday. There was some conversation between him and my wife about purchasing an old horse, the price to be about £5. After a little conversation he asked me to buy his mare. He went a little distance and brought her. She was grey, and had a foal at foot. He asked my wife if she would not go higher than £5. She answered if the animal was anything likely she might go a little higher. He said she was in foal, and he wanted £10. Then he said, " I will make it easy for you ; give me £9—£s9 — £5 down and the balance when you are satisfied that she is in foal, or when she foals." It was then agreed on. He wrote a receipt — (produced and identified). The agreement was written at my house. He went out for a stamp, but could find none. We then both went to Hunter's Hotel ; he had no stamp ; but Mr. Lancaster passing at the time, we got one from him. Mr. Hunter signed the document as a witness. I spoke to him about the mare not being branded ; and he suggested that the words " no brand " should be inserted in the receipt, which was done. I then paid him the £5 at my own house. He then went away on the mare towards Lawrence, and said he would turn the mare out when he came back. I said he had better turn her out at Higgs', where she was accustomed to run. I allowed him to take the maro not to inconvenience him. He was to turn her out on the Wednesday following. On the next day (Sunday) he passed my house. He was riding a dark horse with a white face. I had no conversation with him. I saw the mare I purchased to-day, in the police stables. The prisoner now befors the Court is the person from whom I bought the mare. The mare outside the Court is the mare I purchased. I recognise her by her general appearance, and the face being whiter than the rest of the body. I have seen the prisoner several times at the Beaumont.

Examined by Mr. Keen: I have been Hying at Beaumont for about two months. When I bought the mare I did not know she was Heaps' property. He told me the mare and foal were his own property. I did not doubt him. I swear that he was quite sober. He had one glass after the maro was sold. I gave £o for the mare, and was to pay £k more when I was satisfied she was in foal. I did not know to whom the dray and harness he spoke of belonged. I had no suspicion that he came by the mare dishonestly. The matter of the purchase Avas introduced by my wife, who told him to look after a cheap horse. Daniel Hunter, being sworn, deposed: I am a botelkeepor at the Beaumont. I recollect seeing the prisoner and last witness at my house, on Saturday, the 15th curt. Prisoner came first aud asked for a receipt stamp. I told him 1 had none. Irving said, " I am buying a horse from Greorge (meaning prisoner), and it will be well if you witness the document. He has no stamp, but he is going to Lawrence to-morrow, and he can bring one back." Mr. Lancaster passed at this time, and I think they got a stamp from him. I signed the receipt. I read the receipt before I signed it. There was mention made that the mare was not branded, and that something about it should be in the receipt. The words " The mare is not branded " was then put in the document. Prisoner was quite sober.

Constable Smith, being sworn, deposed : From information I received of the whereabouts of the mare, I went to the place called the Brush Yard, about three miles beyond Higgs', and found the mare and foal now before the Court-House.

Prisoner pleaded guilty.

John Boss, alias Greorge Oliver, -was further charged with having, on Sunday, the 16th instant, under false pretences, taken a mare, the property of H. Vye, when in the possession of L. C. Holmes, and converting her to his own use.

H. Vye, being sworn, deposed that he owned a bay mare, branded 101 on near ribs, a trident on near shoulder, and MD on off shoulder. I lent the same to Lawrence Holmes about fourteen days ago. She has not been in my possession since. I authorised no one to sell her, and I did not sell her myself. I did not authorise Holmes to sell her. The mare outside the Court-house is my property. I value her at £17.

Lawrence C. Holmes, being sworn, deposed: I am a miner and wood carrier, residing on Beaumont Road. I know the prisoner. He came to my house on Sunday, the 16th, on foot. He asked me for a horse to take him to Lawrence. I hired him one. He paid me 10s. She was branded 101 or 102 on near ribs, a trident on near shoulder, and MD on off shouldei\ The mare outside the Court-house is the one in dispute. She is the pror <r

perty of the last witness, Mr. Vye. When the prisoner took the mare he told me that he was going on a message to Mrs, Heaps, at Wetherstones, and that he would be back again by Monday, at twelve o'clock at the latest. He got a side-saddle and bridle. He said he would change the saddle at Evans' for a man's saddle, and get it back again on his return. He also said that he would stable the horse in Pope's stables. I did not sell the mare to him, I gave no one authority to dispose of tho animal. He then left in the direction of Lawrence. He did not come back on Monday. T next saw the mare at Waitahuna, in charge of the police. I did not see the prisoner from the time he took the mare away until to-day, in the dock.

"V7illiam Walker, being sworn, deposed : I am an hotelkeeper, residing at Waitahuna. The prisoner came to my hotel on Sunday, the 16th curt., about 4s p.m., and' asked me to give his horse a feed. I took the horse to the stable. I saw it was a mare after I took her to the stable. He said he came to see a girl in my house. After some conversation about various matters, he told me that he gave £16 for the mare and a foal. He said he had sold the foal for £o. He then offered to sell me the mare for £B—£s8 — £5 down and £3 more if in foal. He told me she had been served by a thoroughbred horse up-country. He told me his name was Ross. The side-saddle and bridle were included in the bai'gain. (Receipt produced) . The mare outside the Court-house is the one I purchased. The bargain was completed on the Monday morning before he left in the coach.

Cross-examined by Mr. Keen :— When he catne to my house he was not the worse for liquor. The conversation about the mare took place about two hours after he arrived. He may have had a glass. I know he was smoking. He is a smoker and not a drinker. When I purchased the mare I examined her as to her age. She was beyond all marks, and her mouth was bad. I could see it from the manner in which she ate her food. I thought £o was qiiite enough for her, without the foal. The saddle appeared to be new, but I am no judge of its quality. I did aot ask him to sell ; he asked me to buy her. I asked him if he came honestly by her. It did not strike me as extraordinary his selling the mare so cheap. I knew there were some horses missing up country, and I went to look for the description in the " Gazette." I knew the accused before. He stopped at my house on his way up country some considerable time ago. I would take him to be about twenty years of age — lie told me so himself. I did say, on Monday morning before he left, that it would, be a bad job for me if he was brought back for stealing the mare. He went to bed about nine o'clock. He had one or two glasses — he had not sixglasses. He was sober when he went to bed.

By the Bench : I paid him ,-€5. He paid for everything he had in the house.

The concluded the case, on which the prisoucr pleaded guilty.

The Bench asked the prisoner if he had anything to say. He was committed to stand his trial at the next sittings of the Criminal Session, Dunedin.

The Bench, through Mr. Simpson, remarked that if the first were the only charge against the prisoner, they might have dealt with it. It was evident that the prisoner had shown himself precocious in crime ; and in his worship's experience of six years, such a case never came before him of a youth not yet out of his teens doing what the' prisoner had done. The prisoner evidently had ability, but he put it to a bad use. Aa regards the second charge, there were circumstances attending it in reference to the law as regards a bailee, over which they had no jurisdiction ; it must be dealt with by a higher court. The Bench could not, however, pass over the conduct of the purchaser of the horse ; it was altogether a discreditable transaction ; and had he even used common prudence, as evidently his suspicions Were aroused, that youth might have been saved from the contaminating influence of mixing with the felons in Dunedin jail.

Leslie v, Leslie. — J. Leslie charged G. Leslie with stealing several blankets and ropes. The evidence was very nnsatisfactjry, and judging by the remarks of Mr. Percy, the prosecutor was not altogether clear of the charge of being actuated loy a revengeful spirit. The case was dismissed with costs.