R.M. COURT

Wairarapa Daily Times, Volume X, Issue 3297, 31 August 1889, Page 2

R.M. COURT

MASTEKTON-FRIDAY

(Before Colonel Roberts, E, M., ai A. W. Renall, J.P.) BABBITS..

In the caso against William Clapham, Mr Pownall's objection that Inspector Drunmiond had not proved his appointmeut was over-ruled, and defendant fined £5, including costs HI 9s. For breach of Section 9 of the Aot 111 failing to take such steps as iu the opinion of the Inspector would destroy the rabbits ou thair runs, ■James McGregor and Koborfc Linton were each fined 20s anil costs, ALLiICKD LAJICENY. Tlior Krog Jacobsen was charged with stealing four bags of potatoes, the property of \V. Neill. Mr Pownall appeared to prosecute, and Mr Beard defended the accused, A fisher charge of receiving tlio 6ame knowing tliern to be stolen was taken. Tlw Earns charges ms Uifl

against the wife, and all the charges were heard together. Harry Kean, storekeeper, iii charge of Mr Neill's store at South Mauriceviile, said ho was in Masterton on Friday 9th August, and bought from Mr Cowie four sucks of potatoes and took them to the Masterton railway statiou where they were consigned to witness at Mauricoville station. Witness sent for them on 14th August and wera informed tlioy v/ero not there. From what he heard ho went to Jacobsen's house on' the 17th and met i boy there who

showed him to a shed where he saw three sacks of potatoes. The sacks of potatoes produced were the same as he saw in Jacobsen's, and could swear to two ot them as being the same that he bought trom Mr Cowie in Masterton. The boy wanted him to take the potatoes, but witness declined and said tho boy's father and mother must call and seo hid. Witness came into Mastertou and tho police were ultimately made acquainted with the transaction. Afterwards witness went with a Constable to Jacobsen's house. The fourth sack , was in the possession of Mr Hayes, but he could not swear to that one, Could not understand what Mrs Jacobsen said; From what

he gathered the woman said she expected potatoes from Caselberg's and they should be branded T. There were two sacks of seed potatoes iu the same shed.

Cross-examined; Am manager for Mr Neill. There was nothing to show the goods were consigned to witness. It was an oversight not to have tho goods branded. Goods consigned to .Maiiricevilloiarojeft on tho siding for anyone to take away. There is no ono iu chargo of tho station. Asked accused's son if he knew whether his fathor wanted to

buy' any potatoes, The boy said "N'o, ho Ims got some." The boy took witness to tho shed and lie had no difficult/ in seeing his potatoes. Did not ask Mr Hayes to go and get a eack of potatoes. Told Mr Hayes where, the potatoes where, and he said lie should go and borrow a sack of potatoes off the bov, After witness discovered the potatoes lie called Mr Hayes to goand see them so that lie might identify them. In the presence of Hayes he told the boy they were his potatoes and the boy said " hut we expect some from Caselberg's," The boy told him to take tho potatoes away if they were his. Was with Hayes when he took the potatoes away ami helped him to do bo. Did not know that Jacobsen was away from homo that week. Re-examined. Hayes was a customer of his and wanted potatoes. Witness had none, and told Hayes what had become of them. Hayes insisted upon having a sack of potatoes, and went and taw the boy. He

afterwards camoback and asked him to give him' a lift with a sack on to his cart. Wm. Neill said the last witness was his agent at Mauriceville and he pur-, chased four sacks of potatoes by instruction of .witness. Cross-examined, -Had originally olnrgsd Jacobsen with ono offenco

only. Saw Jacobson and his wife yesterday. They snid they bad got the bags of potatoes branded T. Witnoss told them to. see Kean, as ho knew nothing of tho affair. They asked witness to lot them off light, and said Mr Eenall had sent them to him.

Constable O'Connor said he went to Jacobsou's with a search warrant, and saw the three sacks produood. Mrs Jacobsen said the sacks were taken becauso they wero branded T, Benjamin Couborae, stationmaster, said the sacks wero oonsignod by Kean to Mauriceville, and weie duly forwarded to Mauriceville. John Johnston, guard, said he put four sacks out at Mauriceville, but could not idoutify them. There is no out there to look after goods left there,

Jacob Baumber, storeman, stated tliat the potatoes bought at Gaaelberg's storo passed tlirougb his hands. On 6th August witness delivered to Jacobsen two sacks of seed potatoes, Any goods sent hy rail bore a buckram label with the address on of the parties to whom they wore consigned, H. McLeod identified the three sacks of potatoes produced as tho ones sent from Mr Cowie's store to tho order of Mr Kean. For tho defenco the accused was put in tho box, and said he lived about ten chains from tho Mauricevilla station. Was working at Te Whiti a fortnight ago, and was working at Mr W. lorns all tho week until the Saturday, when ho went home. Witness saw somo potatoes, and his missus said thoy were branded T. They had been brought from Hit station in mistake, and belonged to Kean, who hud taken one sack away and was coming for tho othor three. If the man had not taken tho one sack away lie would have returned all tho sacks back to the station. 110 always bought goods and sent thorn up to his wife, The poor old woman was not a thief. Slio only made a mistake in his absence. Mrs Jacobsen, said she saw the T on tho sacks, and thought the potatoes wore sent by lior liusbaud, as she expected some up. Her husband came homo about a week after. In the meantime Kean had come and claimed the potatoes, Ho look away one sack, and said he would come for tho rost.

Dorothy Jacobaen, (laughter of accused, said she, with assiatanoo, fetched the potatoes from the station by instructions of her mother, Witness saw four sacks at the station with" T" on one of them and told her mother of it. Jacob Jacobsen, son of accused, said Kean came to him and asked it ho got any potatoes. He took Kean to the shed, and Kean said they were his. Witness told him to take jthem away if they were his, Kean and Hayes took one sack away anil Kean said he would soo witness' fata when lie came home about the others,

John Mutrio proved that Jacobsen was working with him during the whole of the week of the 1-lth inst. The information was dismissed on its merits and the potatoes handed over to Koan. Plaintiff was mulcted in costs L2 Is.