R.M. COURT.

Wairarapa Daily Times, Volume IX, Issue 2913, 1 June 1888, Page 2

R.M. COURT.

MASTERTON,-THURSDAY. (Before S. Von Stoumer, R.M) LARCKNY 01 ; A (JfN. George Ewart was charged, oil the information of the Police, with having stolen, on or about 4th September, 1887, one single-barrelled breech-load-ing gun, valued at £(i 10s, the property of Mr B. Berg, farmer, of Eketahuna, and selling the same to Mr C, Grey, of Mohunga, Hawkes Bay. Sergeant Price conducted the prosecution.

Bernt Berg gave evidence as to the gun produced being his property, and the one stolen from his tent situate about three miles from Eketahuna. When the theft was committed witness was absent. He left his tent on Friday, 2nd September, and returned oil the following Tuesday, When lie missed the gun lie reported the matter to ex-constable Healy, who was then stationed at Eketahuna. Had not seen the gun since till it was shown to him a few days ago by Constable Leaeli, of

1 ii ■ m / Napier, at the Mangamahoe railway / station. / In reply to the accused, witness stated he did not then examine the gun. Suspected accused onaccoijM of hearing that he had been seen nffy ' his tent. He bought the gun for his own personal use. To His Worship: Could not recollect how much lie paid for the gun, but the price for similar fowling pieces by Messrs Caselberg and Co was marked up at £9 9s. To His Worship: Although accused was living at Eketaliuua when the gun was first missed lie never saw

him on his premises. He was living about one and a quarter miles from witness 1 tent with his father and brother, who had a bush falling contract on one of the Wellington Spjjfll Settlement blocks. Charles Grey, sawyer, residing at at Mohunga, Patea, Hawkes Bay recognised accused as the person wlio had sold him the gun at Mohunga l towards the latter end of January last. At first accused wanted £6 cash but ultimately disposed of the gun to witness in exchange for a silver watch, chain and poclcet, valued at £5. Accused stated that he had won the guu at a raffle " down country." He held

possession of the gun up to the tatas it was seized by the police. The ™i produced was the same ho had taken in exchange for a watch to the best of his belief, Cross-examined by accused: Previous to the exchange being made, lie could not be certain that he had mentioned anything about buying the gun. Accused told him the gun was worth £7 15s, and that he had won it at a raffle. Sergeant Price: Would you know your watclr again if you saw it ? Witness; That is hard to say, there are so many watches alike. [Watch produced.] The one produced was very much like the one he had. ( swapped for the gun with accused, yf Thomas Leach, P. 0., stationed at Taradale, Hawkes Bay District, deposed that from information received, he went to Patea to search for the stolen gun. He found the gun at Mohunga, in a room occupied by the last witness on the 14th May instant... Gun produced was the one found, He showed the gun to Bemtflfrg yesterday, and he identified as his. He had seen the prisoner that day in the Masterton watch-house. He showed accused the watch, and he said That is the watch Charles Gray gave me hi exchange for the gun. He was in uniform when he asked accused about the watch. This concluded the evidence for the prosecution. Prisoner, alter being duly cautioned, in reply to the Bench said, he was one out of thirteen who passed the tent of Bernt Berg, going out pigshooting one Sunday. After he had passed the tent of Berg he walked to a, tent occupied by five men. Three \ the men went down to Bernt's tent • and took his pig dog away. The top of Bernt's tent was blown away, and 1 they could see the gun hanging oil the wall. He advised them nolto take the dog, as they would be blamed 1 if anything was missed'from th&Jient. 1 He was not with the thre®men. Berg said he gave 35s for the guu at a sale in Masterton. Berg and his 1 (accused's) father and brother were ' always bad friends, Berg threatened to shoot every dog his father had. At ' the trial he would like to have George ' Knight heard on his behalf. ! Accused was committed to take his trial at the next sitting of the Supreme ! Court at Wellington.