RESIDENT MAGISTRATE'S COURT, LAWRENCE.

Tuapeka Times, Volume III, Issue 190, 5 October 1871, Page 5

RESIDENT MAGISTRATE'S COURT, LAWRENCE.

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

Monday, 25th Sept.

Police v. Isted. — Isted was charged with having, about the beginning of September last, feloniously taken and stolen a horse, the property of John M'Kenzie.

The police prosecuted, and Mr. Copland appeared for accused.

- John M'Kenzie, being sworn, deno*^-; —I know tWwcn^ * °V?, Ed .*. way ~ horse, branded JD under saddle. The receipt produced is the one I got when I purchased the horse. I saw him about four months ago. Hugh Ross had him in his possession. I hired him to Ross some eight months ago. About three months ago Ross told me the horse was «iissing. Claringbold told me that he had seen the accused riding a horse very like the one amissing. This was about fourteen days ago. 1 paid £10 for the horse two years ago. I never authorised accused to take the horse. I never sold him to accused. I have seen the horse tins morning. The horse outside the Court is the one, and my property. The same I hired to Ross.

Cross-examined by Mr. Copland — I saw lloss this morning. I saw him likewise about ten days ago. I made enquiries of Ross if he had lsnt the horse, and he told me not. I have searched and made enquiries after the horse. Ross had no authority to lend the horse. I gave him no positive instruction to lend or otherwise. I don't know the horse's age. He is aged. He is not so valuable as a young horse. He was in good condition when I saw him four months ago. Hugh Ross, being sworn, deposed —I am a miner at Tuapeka Flat. I know John M'Kenzie. He hired me a bay horse about seven or eight months ago. I missed hinr about three months ago. I made strict search after him, and others did. ao as well as myself. I told M'Kenzie that he was missing. I know the accused and where he lives. T never lent the horse to accused. Don't know a man of the name of Dewey. Never gave anyone liberty to take the horse. He is in poor condition now. He was in fair condition when 1 missed him. I offered M'Kenzie £8 for the horse. He is a little stiff in both fore legs.

Cross-examined by Mr. Copland — T tni'ned him out on the ranges on the Tuapeka side of Breakneck. Accused's residence is on the other side.

Mounted-Constable Henderson, being sworn, deposed — I arrested the accused for stealing the horse now before the Courthouse yesterday at the Junction Hotel, kept by James Rae, Teviot Road. I told him what he was accused of. He said that the horse was given in charge to him by John Dewey. I did not caution him before making his statement. I asked him who Ddwey was. He said he did not know him, as he had left the horse with his wife, and his reasons for taking him were that the horse was always in his paddock. I found the horse at Rae's before I arrested the accused. I saw a son of accused's driving the horse from the ranges towards liae's Hotel. I asked him who it belonged to, he answered to his father.

Cross-examined by Mr. Copland — I told him I had a warrant. I told him the contents. I did not caution him that whatever he would say would be used against him. It ia not usual. The horse outside the Court ia the horse. It answers to the brands.

William Claringbold, being sworn, deposed — I am an agricultural gardener, residing ab Ross' Gully. I know the horse outsido the Court. It belongs to Mr. John M'Kenzie. I know the accused. About 14 days ago, I saw the accused riding a horse of the same colour by my house. I told my wife that I believed it was John M'Kenzie's, 1 mentioned this to M'Kenzie the same evening. It is branded JD on near side.

Cross-examined by Mr. Copland— l have known the accused. I know neither good nor bad of him. He was working with me at Sheath's for fourteen days, and he is a good hand at feeding the thrashing machine. The accused being asked if he had any statement to make, replied that he had none

Mr. Copland addressed the Bench,*and called

Mrs. Isted, being sworn, deposed — I am wife of the accused. I remember my husband going to the Beaumont about fourteen days ago. 'He comes home every Saturday. About fourteen days ago he came home weary and footsore, and complaining that he "was unwell. I advised him to stay at home a few days. He is working with Mr. Rae on Spylaw Station, and had to walk unless he got the" loan of a horse. He told me that he would have to go to his work although he would have to crawl. I told him I did not see why he should not take the horse, as he had destroyed our oats and destroyed our paddock. I have asked Blair and others who the horse belonged to. but they did not know. It "was at my urgent request that my husband took the horse. He said it would be very like theft. 1 told him that I would send the boy for him. I never heard more about it until this morning. I have seven of a family. I know that there is a pound in the district. •

W. Isted, being sworn, deposed — I am son of the accused. I have often seen a bay horse in our paddock. He is now outside the Court. It has been about my father's place about six or seven months. Often tried to find out to -whom he belonged. I remember when my father went to the Beaumont. I was not at home then. My father sometimes got the lend of a horse. I turned the horse out of our paddock ten or twelve times. Never rode the horse. Never told Grundy that my father bought the horse at Lawrence.

This finished the evidence,

The accused was committed to take his trial at the next sittings of the Supreme C>>urt, Dunedin

Mr. Copland asked that he would be admitted on bail, which was granted, himself in £JOO, and two sureties in £50 each.

Thursday, 28th Sept. (Before the same Magistrate,)

Police v. Fitzgerald. — Fitzgerald was charged with carrying without having a licence so to do. He pleaded not guilty.

Two Chinamen were examined, whose evidence went to shew that they had not seen any Chinese goods on defendant's dray the day in question. One of them stated that he heard a conversation between Fitzgerald and some Chinamen, who were going to Cardrona, but he did not know whether he agreed to do so. Constable Henderson, being sworn, deposed to his having, on the 9th of S-'pt., met defendant between Lawi-ence and i,he Baaumonc. His dray was f»N of Chinaoo swags and CH» liese creels. There were ...nny uhinamen accompanying the dray. He did not see anything like oats and potatoes in the drd!y. If so, they must have been at the bottom.

Constable Titchener deposed to his having met defendant on the Beaumont road, on the 9th September, along Constable Henderson. He was conveying some prisoners to Lawrence, and his attention was given to them, but Constable Henderson called his attention to the loading, when he looked and saw that 'defendant's dray was, as far as he could see, loaded with Chinese goods. Quite a crowd of Chinese accompanied the dray.

Fitzgerald stated that he went to Cardrona with hia&fwn produce, and lie grew oats and potatoes, and he bought rice and bran, and sold the same to the Chinamen. On that occasion he had his own loading entirely. He did allow a few of the Chinamen to throw their swags on the cart. 'He had received no money for same.

Constable Henderson, re-called, stated that there were more Chinese goods on the cart than anyone with a loading of his own would like to take.

Defendant was fined in the sum of £2 and costs of Court, and two Chinese witnesses at 5s each— total amount, £3 Is. In the event of non-payment, distress, &c. l

Defendant stated that he would take it out rather than pay. Better reason, however, prevailed, and the money was forthcoming.

Mr. Blewitt, Chinese Interpreter, charged two Chinamen with mining without having miners' rights. The defendants were new chums, and complained of poverty. They were fined in the sum of 5s each and costs of Court, same to be paid forthwith, otherwise a warrant would issue, and to take out miners' rights within one week.

Livingston and Otliers v. Mears. — Defendant was summoned for refusing to give up possession of certain ruesuage in his occupancy to plaintiff, and for the sum of 9s, owing by defendant to plaintiff.

The defendant wanted to know who was his landlord, as there were no less than three plaintiffs. He knew nothing about them. He took the premises from Mr. Holmes, and took the premises because M'Nickle was owing him between £30 and £40, and the rent was to go agaiusfc the amount. He had been credited with the sum of £5 8s 6d. He believed that he was wanted out to allow another tenant to enter who would pay cash. As far as regarded himself, it was simply a matter of time. The articles in the premises were bulky, and he had no other place to put them in. He could not remove them in a day, nor a week. Mr. Gooday appeared for- plaintiff,- and produced a deed wherein the property was conveyed to William Livingston in trust for ' Anna Maria M'Nickle, subject to a mortgage to the Building Society by Mr. Craddock. Mr. Gooday further stated that defendant had already, got a fortnight's notice.

Defendant asked for a month

Mr. Gooday had no objection even to that time if defendant would -pay the- expanse of Court.

Defendant refused, and stated that, he was uot liable for the sum of >»s as charged, only for 6s 6d.

After some little conversation,, it was agreatl that defendant get a month's time to remove — the . matter of expense to abide ike tercninalUon of the dispute.

Monday, 2nd Oct." CBefore the same Magistrate.) Legenvood v. G-rovcr. — Claim, £4 2s 6d. No appearance of defendant. Verdict for amount, with costs of Court, and 10s Gd professional fee.