R.M. COURT.

Wairarapa Daily Times, Volume X, Issue 3102, 12 January 1889, Page 2

R.M. COURT.

MASTERTON-FRIDAY,. (Before S. Von Stunner, E.M.) William H. Cameron was oharged on remaud with tbelareeny as a bailee of a horse belonging to David Braid, of Jobnsonville. Mr Skipper appeared for the prosecution, anti-Mr Bunny for defendant. David Braid sworn, said bo was a storekeeper at Jolmsonville, formerly at Wi Waka. Accused cane to witness, in October, 1887, and asked to be supplied with stores, Accused offered to sell him the horse and cart as security for any goods he might obtain on condition that he should have the right to re-purchase the horse, cart and harness. He wrote out a receipt which accused signed, (Tbe receipt was produced and read as follows:" Eeceived from D. Braid the sum of £2O for one horse cart and harness to be taken out in stores), Witness agreed to let accused have horse cart and harness on hire for Is a week, and he had ■• the use of them for some months up to the time of finishing the contract. Witness supplied him with stores up to that time. Could not remember the amount of the goods supplied, He had not beon paid for them. Had received an order on Mr Danaher from accused but could not remember the amount. To the Bench: -The horse and cart was banded to him at' tbe door aud he had not had them in his possession since.

To Mr Skipper: When the contract was finished accused asked him for the loan of the horse to go down to Masterton to see his brother to get the money to re-purchase. Witness agreed to let him as he stated he would be back in a day or two. Thought that was about in February or March. Had-never had the horse returned to him, Accused did not • come back. Wrote to accused from Johnsonville and received the letter produced dated May 18th, 1888, That letter asked when ho could meet him and settle about the horse, After this they met in Masterton when accused asked for longer time to pay for it, Witness said he wanted the horse or its value. Accused said he would get the money and went away. He did not see accused after. Received a second letter from Cameron in June, asking for longer time, to which witness had never replied, Accused never paidhim according to promise and witness put the matter in the hand of his solicitor. During the time the contract was proceeding Cameron came to him and said Chiaholm. had come "to take tho horse away, making out that he owed Ohisholm money on it. Cameron wanted him to lend him the money to'pay Chisholm off but witness would not do it,. Witness asked him how it was that he came to sell him tho horse, when, according to a receipt in possession of Chisholm he hadalready sold it before. Cameron insisted upon it that the horse he sold to Chisholm was another horse, and asked witness to buy the horse himself and he would rent it from him. Witness then bought the horse from Chisholm; for ■ £l2 10s.: Cameron oame in afterwards and witness told him what he had done.. Not having recovered the horse he laid an into . mation with the police. ;.', By Mr.Beard: Cameron was now owing him between £8 and U: He I did not know what hadjecome cf the horse, He wanted the horse back or the money. Accused wanted to get time to pay for the horse, but witness refused to agree to it, He agreed to take £l6 for the hprse, when i Cameron left IJketahuiia, or he was < to return the next day, .Witness i neither got the money nor the horse. He never gaye Cameron £2O for the ; horse, but let him have store3flfroin i time to time. The horse that witness 1 now endeavored to recover from i accused was, the same he bought I from Ohisholm, • To the Bench;. I have allowed ' nothing to Cameron for the cart ou i account of stores. I would not have i taken'|ls before; the, Bth' December i last, when the. information was laid, ; or any''time' after the day agreed uponv' • ;l! :.;"•■;.' • •■;.• , ',

"Vlbu say p. the information.': 't frauden'tiy converted it tjr his : .qwii use." ' ■;■' -:;';.£.' I did not readit,; I left it to; iny solicitor.; .'Hesent it down for me to 'eigriyaudl Bto before>'a J.P,

.:\\Vliatl;- ;:;;■" did riot read it bofoie you 'aignedit ? - ■;,; : ! liui sorry to hearyon saytliat, A It is sv/oruf lie read it ov'etio yoii '?'fy %. \ : S :'■;. >■ Ho'may. have .read ; not ; : ;

• I hope this will be a oaution to you. \':: \; You swear to a thing \vitliout• re'adv ..;.v ingit; or knowing its: 'contents, : and ; ■> * •;;' have a"mail arrested .On it variant.; >'; :•; - ■-: Mr Bunny having briefly addressed :' the Court, ,;; >. ...%",'■■ ■'■ :■■'•>:' .'"•■ ;: His' Worship, in givirig j Udgtncut,' : said the to'look' at the position of affairs wheivthe -accused'. obtained possession ;6f; the horse,: . whether it was afi:ordraafy • sale. ■" It',.' appears to the Court that at the time, ■". s he had no felonousintention. He may have thought to got the money, . and his subsequent action and letters showed what his idea was. He; is ■ . : next charged with " fraudalont. con- '■■. version." There was nothing, to show what had become' of .the horse. It -cjl might be dead, or in the hands of theffly accused orlost. If it had-been; there was nothing before the /Court > $ to show it,: He must', express how ; deeply grieved lie was tq'tind evidently . an intelligent man sign; an; informa- . tion without reading it or hearing it ; ■ ' read, Itseeinedtohim there was muoh laxity in signing doouniehts without there beiugread. Hehopedthis would ; act as a caution to him. The infor-..-mation was di&missed. . '.;