Tuesday, 25th January.

Tuapeka Times, Volume II, Issue 103, 29 January 1870, Page 5

Tuesday, 25th January.

(Before W. L. Simpson, Esq., E.M., and Alex. Stewart, Esq., J.P. CHARGE OF LARCENY. The Queen, ou the information of James Buchanan v. John Roberts and Robert Tudor. The information charged the accused with having, at Evans' Flat, on the 22nd inst. , feloniously stolen from Buchanan's coal pit, a portion of timber in use as a flume, of the value of £1, the property of James Buchanan. Constable Comyns prosecuted ; and Mr. Keen (from Sir. Ward's office) appeared for the accused, and pleaded "Not Guilty." Jame3 Buchanan, sworn, deposed — That on the 2nd January inst., there was a heavy flood in the Tuapeka Creek, and that it removed a flume (his property) down the stream, and that it caught in a sand bank and stuck, then being buried some feet in the new sand ; that ho recognised it as his, but did not remove it, as it ■was still within the boundary of his lease application. On Saturday last, witness was in Lawrence, and upon returning home, was informed by his son that the box had been taken away by the persons now accused. Witness went to where the box had been, and found that about half of it had been removed. The timber now outside the Court he swore to as his property, and as part of the flume spoken of. He had visited accused's residence and recognised the timber then. Cross-examined by Mr. Keen — When he went to the residence of accused, he offered to compromise the matter if they would pay for the timber. Told Tudor that if he did not pay, he (witness) would lay this information. The box was sticking in the sandbank for three weeks before it was removed by accused. Denied having told one Banks that he was watching for these men to remove it with the intention of laying this information if they did so. William Buchanan, a lad of about ten years of age, was examined (not on oath), and deposed to having seen the accused digging up the box on the 22nd. Did not see them take it away. Mr. Keen, for the defence, said that this old box had been seen by defendants three weeks before they removed it, and they, following an established custom, claimed it — provided they failed to find an owner. He should prove that they made every endeavour to find the owner during the three weeks mentioned, and that failing to do so, they then took the box in broad daylight, and without any felonious intent. He should further prove that Buchanan had been told that they intended to take the box, and that he had requested his informant not to tell the men to whom the box belonged, but to allow them to take it, and that then he (Buchanan) would prosecute them. j Pour witnesses were called, who fully proved all these facts as stated by Mr. Keen, a Mr. Banks swearing that he told Buchanan prior to the removal of the box, that Roberts and Tudor meant to take it, upon which Buchanan told Mm not to let them know to whom it belonged, and that if they took it, he (Buchanan) would prosecute them. Next morning Buchanan called at his house, and again urged him not to let Roberts and Tudor know to whom the box belonged. Witness stated that had he known that Buchanan meant what he said, he would have told accused about it. The whole of the witnesses proved that it was quite the custom on the diggings for men to take flood wreck if no owner was forthcoming ; and two of the witnesses swore to -having heard the accused making inquiries for the owner of this box. Their Worships said that this case ought to have been brought on the civil side of the Court. Men should be very careful how they took wreck, but no dishonesty had been made out. The timber must be restored or 10s. paid for it. The Bench further remarked that the conduct of Buchanan in trying to entrap the accused into taking the timber, was a very ugly fact, and looked very badly indeed.