POLICE COURT.

Wairarapa Daily Times, Volume 2, Issue 598, 19 October 1880, Page 2

POLICE COURT.

MASTERTON, MONDAY.

[Before A. W. Rkjat/.,, Esq., J.P.]

Harry Taylor was charged, on the information of Booth Deriah, with the larceny as a bailee of a horse, saddle, and bridle, valued at Ll7 Prisoner, who had been arrested in New Plymouth, and forwarded to .Masterton in the oare of Constable Drewj was defended by Mr Bunny, Sergt, M'Ardle prosecuting,

The prosecutor, Booth Doriah, was then called, and stated that onthe3(Ui of May last lie had left the mare, with 1 saddlery, in the care of Mr Taylor, at Masterton, and told him he might return in a few days, a month, or perhaps longer, as his stay would be indefinite. Taylor was to paddock the mare until he returned, He wrote to Taylor from Wellington,but received no reply. He did not, however, post the letter himself. He left Masterton to join the Constabulary, and when he left the Force he returned to Masterton, aud called at the livery stables for his horse. He enquired for prisoner, and was told lie had left and gone to the Coast. He was told this by Mr McCarthy. As he did not get any information at the stable relative to his horse, he applied to Sergt. M'Ardlo for assistance. The Sergeant and prosecutor went to the stables, and found prisoner had gone away on New Year's Eve with the mare. He had left no account of the mare. He traced prisoner up the Coast; but did lint find the horse. He did not know what had become of the horse. He came from Tinui to attend this case, The Court said nothing had been yet advanced to show that the prisoner had converted the horse to his own use. Sergt. M'Ardle said that would be a very difficult matter. The prosecutor continued his evidence; He had heard from Tom McCarthy that the horse was now running up the river. The Court: We must get this from Tom McCarthy himself. Sergt. M'Ardle said he had no further questions to ask this witness.

Mr Bunny cross-examined the witness; He only followed prisoner up as far as Mataikuua. He would swear the prisoner was the same person he had delivered the horse to at the stables. Unless prisoner had been placed in the box lie should have hat] doubts aboi}t his identity j but now he had peon him he was oertaiu he was the same party. When he came back again to the district he found prisoner tiad loft the place, taking with him the horse. Owiug to this he laid the present information,

Sergt. M'Ardle wished the warrant of arrest to be laid before the Court. The warrant was dated the 29th May. The Court thought the evidence was not sufficient to convict upon, ..or; to show that Taylor had appropriated the horse to his own use. The Court thought, that civil proceedings should have been taken, and the case made simply one of debt. Mr B jnny wished to clear the accused of one statement, viz., that he had left the place abruptly, had been stated by tliQ prosecutor. Prisoner had been in the district some seven months after the horse lia<}. been lpft in the stable?. Sergt. M'Ardle wjihed tp Btale jihat the most vigorous proceedings had been taken to trace the prisoner. The Court said the prosecutor had laid himself open to an action for false imprisonment, and if he was a man of property lie wou!(j t)o dotjbt aqffpp for It. The case ought never tq have bepn njade a criminal one. Sergt. M'Ardle asked that he might put Mr T. McCarthy in the bos, in order to galu as much information as possible, The Court granted the request. Thomas McCarthy deposed that he was a livery stable keeper in Maaterton. He was' working for prisoner at the time. When prisoner went away he left it few horses with witness to be delivered to owners, which was done. No horse had been left for the prosecutor, and witness knew nothing about this horse. He was not & partner with Taylor, as he had not received hi? discharge at the time. He believed the horse was runfiipg qtj Mr lorns'land at Lower Masterton. .' This concluding the evidenoe,

Mr Bunny stated that in his opinion the case had completely broken dotfn. He said the prosecutor had laid the information without being in the slightest way certain lliat Taylor was (he right person. He woululdraw atteution to the fact that no award of damages could, .compensate Taylor for the indignity' laid upon lr'ai, as the news had been telegraphed all over the colony of his having been .wrested for horse-stealing, . The colony, had also been put to an enormous expense on a groundless charge. He would ask the Court to dismiss the case, and severely reprimand the* prosecutor. .The Court said that nothing bad bpen sliown to uphold the case, and if;

be Mro'ssed. . Pi'souer • would Jeftve i be.doq.rt.ri honfc a ttain on. his oharddve:v so b/-ri lliis o.;se was; concerned. The Court hoped that this would be a warning to prosecutor not to make charges that could not be substantiated for the future. The dismissal of. this case would .Dpt....debar him from entering a fresh aotion if he found he had sufficient evidence, but the Court would advise prosecutor to arrange the matter of costs -with-Mr Bunny; and. if. he .got Back horse to let the matter rest.