POLICE COURT.

Wairarapa Daily Times, Volume 2, Issue 411, 11 March 1880, Page 2

POLICE COURT.

MASTERTON, WEDNESDAY. BEEORE MESSRS G. BGETHAM, A. W. KEN AIL, AND 13, FEIST, J.P.'s, Petor'Linn, musician, was chargod by MrCnrbett, of the Empire Hotel, with stealing a bass viol from his house. Mr Skipper appeared for the prosecutor, and Mr Bunny for the defendant, Mr Corbett, the prosecutor, stated that he missed the instrument from his hotel in January last, and hij.d not seen it since. In answer to Mr Bunny : He had not taken action previously, as he had endeavored repeatedly to induce Linn to return it. He owned nine-tenths of the instrument, the other persons interested in it were Messrs Bish, Bentley, and others. He was not instructed, by them to take proceedings, but they agreed to the course which he had taken, He mentioned his intention to Mr Bish, He purchased the instrument from Mr Linn on the 4th of June, 1879. He believed the price was £l2, but the receipt he got for it was £l4. The accused was not a member of the string band. The accused has had more than double the value of the instrument in cash which he has borrowed. The accused has never demanded the balance due on the instrument. All the money which the band earned was retained by the accused,

lii answer to Mr Skipper, witness said that £5 was paid by him on account of the instrument, and after that day he regarded that instrument, as the property nf the hand, He took at the time a receipt- for the L 5 on the instrument, which he produced, A. Bish deposed that he w<s a member of the String Band. He remembered Mr Linn Belling the instrument to the band, for the sum of £l2 10s he believed. Mr Oorbett was authorised to pay £5 on account of lie purchase It was at his HtiKgebtioii that Mr Corbett got a receipt for the instrument. The members of the band had an equal share in the instrument. He did not personally authorise Mr Corbett to lay the information against Mr Linn. Mr Linn was not a member of the band. His position was that of instructor to the band.

Edward Braggins, carrier, deposed to carrying a bass-viol from Mastei'H to Greytown, by order of Mr Linn. Mr Linn brought it to his house. Mr Linn was teacher of the band. Mr Corbett had not consulted him about layiug the information. He knew of the steps Mr Corbett.was about to take against Mr Linn. He had no interest in the band, Joseph Hadley was a member of the trin« Baud. Mr Corbett was authorised by the band to take charge of the instrument. ■ ; ' Mr Bunny addressed the Court for the defence. He pleaded that the time was not fixed for tho date of the alleged theft, .and there'wi\s no. evidence to show that the prisoner removed the ba»s-viol ,or any other instrument from Mr Corbett's j-premises. The- instrument taken down i fco .6rey.towh by Mr Braggins had not been- | identified with the one in the information,'

Mr Gorbett's evidence. was contradictory a3 to the price' of; the: instrument. He also alleged that no evidence of felonious intent had been , proved, :even if it had been ahdwii that Mr Linn was in possession of the instrument.

The Bench; dismissed the.; case.