RESIDENT MAGISTRATE'S COURT.
Tuesday, Sept. 26tii. (Bcforo G. G. FitzGerald, Esq., R.M.) CHARGE OF nORSE-STEALING. Henry Brock was charged by James Hunter with being illegally in possession of a horso, his property. James Hunter, being sworn, deposed — I am a minor, at present staying in Hokitika. Yesterday, whilst walking down Revell street, observed a grey horso ridden iby a boy. I asked him to whom tho horso belonged. Ho said fho owner was to bo found at Jones' stables. I accompanied tho boy thoro and saw tho prisonor, who said tlio horso was his property, andd refused to give up possession, at tho same time ho would givo mo no account of how ho obtainod him. I then gavo information to tho police. I bought the horso at public auction, on tho Dunstan, of Jones tho auctioneer, three years ago. (Prosecutor hero produced receipt of sale of horso, which ho then received.) I will swear tho horso mentioned in tho receipt is tho ono I now .claim. •In consequonco of tho horso having a bad back I turned him out on tho Arrow Flat about twontj' months ago. I havo never soon him since until 33 r csterday, and I never sold him or authorised anyone to take him away. Tho horso was worth £10 when I turned him out.
By tho Bench — I gavo information to the police of tho loss of the horso ; also advertised him in tho " Wakatip Mail," offering a reward for his recovory. John Hunter, brother to tho last witness, deposed — I havo peon tho horso in question, and can idontify him. I havo seen him before at tho Arrow in my brother's possession, and now rccogniso him as his property. I last saw tho horso in his possession twenty- three months ago on tho Shotovcr.
By tho Bench — My brother never' sold him, ho turned him out becauso of his bad back. Ho informed mo that ho had lost tho horse, and searched for him dui'ing my overland journey here. Charles Woodhead generally corroborated tho preceding ovidonco, stating in addition that ho had used tho horso to pack with several times on the Sholovcr, and could swoar to him. The prisoner being asked by tho Bench if ho had any statement to make, advanced to tho table, and in an almost (to our reporter) inaudible voice, stated that ho first saw tho horso inChristchurch, and was present when ho was sold to George Giggs by Prank Sloy, on tho 13th July last ; that ho afterwards rodo him overland in company with tho former, and when thoj' arrived at Hokitika ho purchased him, but that ho got no recoipt savo tho ono from Sloy to Giggs. George Henry Giggs, deposed that at present ho was out of employment, but had formerly kept an hotel in Canterbury (this witness was still more inaudible than tho preceding, so that our reporter had much difficulty in arriving at oven an appi'oximate idea of what ho said) but so far as bo could gathered his statomont was to tho effect that he had known tho horso in question to run in tho mail-cart betweon Christchurch and Timaru ; ho purchased him two years ago from Percival and Mcddings ; kept him for a yoar and nino months and then sold him, but aftorwnrds bought him again from Frank Sloy. (Sley's receipt was hero produced.) Ito aftorwards sold tho horse to prisoner in Hokitika, giving him Sloy's roccipt with him.
There being no further ovitlonco, his Worship gave judgment, deciding that tlio prisoner must bo discharged, ns it was quite eleni' ho obtained possession of tlio house honestly. His Worship inclined to the belief that the horso should bo restored to prosecutor} but, after hearing Mr. South, on the point, on behalf of Mr. Brock, ho declined to make an order for its restitution. CHAKGE OF LARCENY AGAINST A MERCHANT. Thomas Polo, a merchant of this town, was charged by Richard Rcovcs, an auctioneer, with having stolou and made away with a case of American axes. Mr. Oalces appeared for prisoner. R. Reeves, being sworn, deposed — I am an auctioneer, residing in Hokitikn. I received a consignment of goods pov steamer Now Zealand, from Mr. John Gray, merchant, of Dimedin ; it was hardware. (A bill of lading, marked A., was hero produced, and recognised by tho prosecutor.) I received this bill of lading, but of tho goods specified therein I only received twenty cases of brandy, ono case hardware, ana ono- caso hardware so damaged that I left it on the beach to bo sold by auction. I did not rcceivo tho caso of axes marked JL over diamond 59, and never saw a caso marked so until a few evenings after tho wreck of tho New Zealand, which brought tho goods over horo. About four or five days after the wreck — I can't remember the date — I went into Mr. Anderson's store in tho evening. There were a number of cases of axes in the store. I happened to glanco casuolly at ono of them, and romarked the brand, which I thought I recognised. I immediately went down to my office, nnd returned with tho bill of lading now boforo tho Court. I compared tho brand marked in tho bill with that in tho case in Mr. Anderson's store, and found them to correspond exactly. I could get no satisfactory account respecting this caso, so I went to tho Camp and gavo information to tho police. (A caso of axes was produced in court.) Tho caso I now see is tho ono that attracted my attention in Anderson's store By Mr. Oakps— l never sold tho caso, or authorised any ono to do so. By Inspector Broham— lt is usual for all cases forwarded by consignees to bo marked. Tho brand on this caso is a good legible mark. Bills of lading aro mado out according to tho marks on goods to bo specified therein. By Mr Oakcs — Tho Now Zoaland wont on shore, tho first timo, vory nearly at tho extromo end of tlio north spit, it was thoro that I received Romo of tho goods mentioned in tho bill of lading, marked HA. I did not lake delivory of tho caso of axes, now in Court, on' tho north spit. I took delivery of tho rest of goods mentioned in tho bill at tho placo whoro tho Now Zoaland wont on shoro tho second limo. I did not tako dolivory of tho caso of axes thoro. I cannot swoar that the caso of axes now produced over eamo in tho Now Zoaland. Tho brand «T L above diamond 59 is an unusual ono. I ] believe it to bo an. original shipping mark placed on tho enso at tho first port of departure Tho same house shipping to different persons would uso different
marks. I remember receiving nn order on Mr D. Virtuo from Mr Thomas Pole (it was enclosed in a letter from Mr Gray) for tho valuo of a case of axes taken by mistako off tho beach. By Inspector Broham — I paid both freight and general avcrago on tho case in question. Tho bill of lading nt least shows that a case of axes innrkcd J L outside diamond 59, had boon shipped on board tho New Zealnnd.
Arthur Antony, a contractor, deposed, that, being in want of axes, ho had called at Mr Polo's storo, and inquired of fho man in charge, had ho any for sale. He said ho had. I did not buy any that day, but in few days after I called again to pay for six cases of axes bought by my partner, Mr Armitago. I saw several cases of axes in tho store, ono of them opened. I paid (by cheque) £30 for tho six cases. Mr Polo's clerk gave mo a receipt for tho amount, tho receipt now produced is the samo. Tho caso of axes now in Court is; to tho bost of my belief, ono of tho six cases I saw on tho dray at fho door of Polo's storo. I cannot say exactly on what day tho casos wore removed, it might havo been the day I paid for them or tho next. They were removed to Mr Anderson's store. Tho caso of axes now in Court is ono of thoso that wcro taken to his store. I could not swear that I had scon tho caso previously in Mr Polo's storo.
By Mr Oakes — No ono jjavo mo dolivory of the axes whon I paid tho money, thoj r were on tho dray when I wont to tho storo. I counted six cases on tho dray, but did not oxnmino the brands. Afterwards, when it arrived at Mr Anderson's, I examined two of tho ensos, and will swear that tho dray then contained ono marked J L outsido diamond 59.
Mr Armitago not being able, through sickness, to appear, tho coko was remanded for sovon days. Mr Polo entering into his own rccbgniznnco for J250 to appear at that timo.
WATon As wblli A 8 PnAY. — "Glasgow and its Clubs." by Dr. Strang, abounds iv characteristic anecdotes of more than 1ml? a century ago, which exhibits a striking contrast to tho manners and habits of tho present day. Then cvory i one was addicted to drinking. " Even tho clergy and their flocks wcro in the habit of discussing tho weighty matters of tho Church over a tankard of twopenny or a gins? of GHwih'vofc."— "A story told of tho Rev. Dr. John Hamilton and ono of his parishioners, which occurred about this timo, will best ilhistrn'o this. Having both something important to talk over in the afternoon, they retired, as customary, to a pnblio house, nnd called for a gill of spirits nnd a piece of oatcako. Both wcro brought in and laid on the table ; but bcforo attempting to partake of either, Dr. Hamilton asked a blessing, wliioh, closing his eyes, ho lengthened out wi'Ji such a copious infusion of Presbyterian doctrine, that long before tho conclusion his friend became tired, and, sip by sip, drank off the spirits placed before him. On arriving at ' Amen' tho minister stretched out his hand to take hold of the gill stoup ; but 10, on raising tho lid, ho found tho vessel empty I " Ring tho bell," cried he, evidently annoyed eithor at tho supposed neglect or indignity offered to them ; adding, 'this is really too bad.' — 'Hooly, hooly,' said tho parishioner, 'it is all right enough. Inm to blnino for that. If you had beon less lengthy to your prayor it would not havo happened. But let mo givo you a hint for tho futuro, that tlio Scriptures tell us to watch as well as to pray.' "
Whon Surtees, tho historian of Durham, wna «t college, ho was once waiting on a don on business, and feeling coldish, stirred tho firo. "Pray, Mr Surtees, said tho groat man, ydo you think that any other nndergraduato in tho collego would havo taken that liberty ?" — "Yes, Mr Dean," was tho reply, " any ono as cool as I am,"
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West Coast Times, Issue 50, 28 September 1865, Page 3
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1,859RESIDENT MAGISTRATE'S COURT. West Coast Times, Issue 50, 28 September 1865, Page 3
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