(Refore W. L. Simpson, Esq., R. M. and Alex. Stewart, E-q., J P)

Tuapeka Times, Volume III, Issue 174, 8 June 1871, Page 5

(Refore W. L. Simpson, Esq., R. M. and Alex. Stewart, E-q., J P)

Thursday, June 1. M-Beath v. Archbald.— (Jiaim of £32 Bs. 2sd , for goods sold and delivered. No appearance of defendant. Judgment for amount claimed, and costs. Immediate execution.

Monday, June 5. Da,vid Jones, on remand, was charged with feloniously stealing and carrying away from the dwelling of Patrick Grainey, 1 pair boots, 1 ping tobacco, 1 pair trousers, and 1 leg mutton. Prisoner pleaded not guilty. Patrick Grainey, sworn, deposed as follows : — I arrested the prisoner on the 3rd mst,., about seven or eight yards from my tent. I see the boot now produced, there are some nails missing. I saw boot prints within three feet of my door. The boot produce! I believe to correspond with the boot prints. Constable Titchener, sworn — On the afternoon of Saturday, the 3rd inst., I proceeded in company with Sergt. Dean to the tent occupied by Patrick Grainey. We made a search round the tent, and about 2ft. 6in. from the door 1 found the impression of a boot. I called Sergeant Dean's attention to it. He remarked that there was a nail wanting. I had the boots with me which were taken off the prisoner's feet ; we compared them with the foot-prints on the ground, and found them to correspond. We traced the marks for 25 yards in one direction, and found the missing property. Hi 3 Worship questioned the prisoner as to the way in which he obtained his living, but he gave a very lame acount of himself. The prisoner was then sentenced to three months' hard labour in Dunedin Gaol. Harris v. Archbald -Claim £10 11s. 9d. for goods sold and delivered. No appearance of defendant. Judgment for amount claimed, and costs. Immediate execution. Farrer v. A. Macpherson — Claim of £30, balance of a dishonoured acceptance for £70. Mr. Gooday for defendant. Mr. Farrer, a^ent for the Bank of New South Wales, produced the acceptance, and proved Macpherson's endorsement. Cross-examined by Mr. Gooday — I gave notice through M'Nickle to Macpherson that the bill was dishonoured. Macpherson acknowledged to me having received notice. I received £25 for some cattle as part payment of the bill. 1 received no other money. Macpherson deposed — The endorsement on the bill is my signature. I heard the bill was dishonoured about a fortnight after it became due. I held cattle as security. I gave Mr. Farrer an order to sell them. There has been an alteration in the bill since I endorsed it. Cross-examined by Mr. Farrer — Mr. M'Nickle never gave me notice. He told me about a fortnight afterwards to sell the cattle for £50, and he would make up the difference. I never acknowledged my liability. I said I would endeavour to get M'Nickle to settle it Mr. Gooday submitted the alteration in' the bill since Macpherson's endorsement rendered the bill invalid, as it altered the relative position of the parties to the bill. His Worship deferred his decision until Monday next. Michael v. Munro — Claim of £6 11s. for injury done to cattle and loss of time. Mr. M 'Coy, for defendant, pleaded not indebted. Mr. Gooday for plaintiff. James Michael, deposed — T own some cattle. A stray lamb came amongst them four or five months ago. I missed it and a calf about the 25th April. I saw the lamb amongst defendant's sheep. I told him to bring it to me. I saw him take both the lamb and calf. I believe he turned the calf out again. Charles David, sworn — The only time

I saw Munro was with Michael when he came about the lamb. I know the lamb. I saw it on Michael's ground on the 22nd April, i have seen it since near Munro's. Mr. M'Coy, for doft-ndant, urged that the calf and lamb were with some of defendant's cattle, and could not be cut out. The lamb was rather a peculiar marked one, and only bred on the Greenfield station, in this neighb «urhood. Munro had authority to take possession of any stray sheep of that breed. Finlay Munro, sworn — I produce an authority from the overseer to take charge of any stray sheep of this breed. I saw Mr. Mackey, overseer for Mr. Smith, sign it. In pursuance of this authority I took possession of this lamb. I was driving other cattle. I did not know to whom the calf belonged, as it is not branded. His Worship made an order that the lamb be returned by Thursday next. As to the calf, he did not consider the defendant had done anything more than was usual amongst neighbours having cattle.