RESIDENT MAGISTRATE'S COURT, TAPANUI.

Tuapeka Times, Volume III, Issue 184, 17 August 1871, Page 6

RESIDENT MAGISTRATE'S COURT, TAPANUI.

(Before John N. Wood. Esq., R.M., and W. - H. & Roberta, Esq., J.P.)

', ..SitoitßAY, stu August." j, Graham -,r\ M'Kenzie. — Claim-/ £9, fpr horse sold and delivered. -"No appearance of plaintiff.

Jackson v. Allan. — Claim, £1 10s. Settled out of Court.

Roberts v. Binie. — Claim, £Q Bs. Settled out of Court.

M'AUster v. M'Xenzie.—Chim, £11 9s 10.1. £2 18s paid into Court. Verdict for £2 18s lOd, with amount paid into Court, and costs ; in default, distress*.

Police v. George Frazer. — In this <*aae Frazer was charged with stealing, taking, and carrying away from a bullock dray at Roberts Flat, .one bullock chain, one lift, six keys, fire-can, and one whip stick, under the value of £5,

John Malony, sworn, deposed — I am a bullock driver at Tapanui. I remember the 27th May last. I went to Constable Purdue, and gave him information of what I had lost. 1 fouud a whip handle, my property, with a man named M'Farlane. I «av,e M'Farlaue into custody for the whip handle. 1 went with the constable and made a search of Frazer's bullock yokes and found astart. Icouldnotswear sto the start.. Frazer said it must have been put there by some one else, as he said it was not his, and that he would pay for the things that were lost rather than have anything more to do with it. Eventually 1 got the chain by Frazer's order from the blacksmith, and also six keys. I lost a fire-can ; I should know it. Ihe one produced by the constable is the one I lost off my waggon. 1 lost a whip stick at the same time. The whip stick produced ia the one I lost off my waggon. The things 1 lost were value for about 30s.

George M'Farlane, sworn, deposed — 1 am a bullock driver at Tapanui. I know tbe prisoner Frazer. I was travelling with him in May last. J broke my whip stick near Swift Creek. 1 asked him to give me one, which he did. 1 think I should know the stick if I saw it. The whip stick produced is the one I got from Frazor. I had an old fire-can of my own. When we got to liobcrts' gate I saw Malony 's waggon, and Frazer said, "There is my fire-can at Malony's waggon." and Frazer brought the can off Malony's waggon. 1 canuot swear the can produced is the (ire-can, but it is very like it. To the best of my e *belief the whip-stick produced is the one I got from Frazer.

Constable Purdue, sworn, deposed —On the 27th May last, from in formation [ received, 1 wont to M'Farlane's wajjgon and found the whip stick produced. I was present also when Malony took a start out of Frazer's yoke. He then identified it as his. I laid an information and arrested the prisoner on the 24th July. He said he knew nothing about fie things.

Malony beinsj re-called said — I would not swear that was the start.

Tin's closed the proserution. Mr. M'(/oy, who appeared for the prisouer, ur^ed that there was nothing proved against the prisoner only the taking of the fire-can and whip stick, and asked the Bench to dismiss the case.

The Bench, in dismissing the ease, said the fact of prisoner saying to M'Failane " that is my fire-can on M:i lony's wai^sjon," proves the foloniou-* intent, b^t Malony failing to identify the start, and the other property bein_r under the value of 20*>, dismissed the case under the 82ud clause of Justice of Peace Act.

Alexander T. M'Kenzie. o^'T-apinui was charged, on the information of xVlouured-Corif.rable Purdue, tliut he did, ou »)» nbani the 25th day oK juh\ 1871, feloniously steal, take/and drive away one strawberry (red and white) steer, branded M upside down on left ribs, the property of Win. Mayow, Pomahaka.

Hugh Stewart, sworn, deposed— l am a butcher residing at Tapanui. I know the prisoner. I recollect t!ie 2Sih July. 1 was in the prisoner's company on that day on Roberts' j Flat. 1 purchased a beast from the prisoner on that day. It was a strawberry steer about three years old. I do not know the brand. * I entered it iv my book as a blotch brand on off rump. I took it from Roberts' Flat. I took a cow and calf with him. lam not sure that the prisoner assisted me "to yard the beast. The prisoner accompanied me from Roberts' Flat to the yard. We picked up a cow on the road. I rel'ei' to the prisoner and myself. Igot a receipt for this steer from the prisoner. I should recognize I the receipt if.-1 saw it. The receipt ''■ I produced marked A is the one referred to. I do not recollect the conversa-i tion that passed between me and i prisoner when I got the receipt. A Ithink the hide produced is the hide, but I cannot swear to it. I jjot the steer on the flat beyond Roberts' home station. I took him and a cow away together. My man, John M'Coll, and ■prisoner killed it. M Coll suited the : hide. I saw it rolled up in my back/ place. It was killed on Friday,, and salted on Monday. I gave it to ConI stable Purdue when he asked for it. ■ The hide was lying in front of my j shop. >\ny person could .have access vfo it during, the ni<jrht'*fi'om. Saturday 29th to Tuesday following. At this stage Constable Purdue asked fur a remand, having only arrested the prisoner on the previous i night. , "'• j y ; Granted till Tuesday, Bth inst. J

♦ v. t Tuesday, Sth August. f The prisoner in the above case was fully committed for trial. Admitted to" bail,, himself in £300 and two sureties of each.

i The Bench complimented the ConI stable for the way in which he got the case up and conducted it. There were seven witnesses examined.

It is confidently stated that a Methodist chapel is about to be erected in the city of Rome.

Accordingly to the calculation of Professor Huxley, it took 240,000 years for the formation of the coal in the earth ; and he says that it is but a fragment of geological time. How old must tbe world be at that rate.