R.M. COURT.

Wairarapa Daily Times, Volume XI, Issue 3638, 14 October 1890, Page 2

R.M. COURT.

MASTERTON-MONDAY. (Before Cblonol Eoberts, R.M.) MUCOVASABMLEE. Patrick Daly was charged w ith that ho did on tho 2nd day of October, at Bketalmna, Bell and convert to bis own use a horso, saddlo and bridle, the property of one W J Richmond, I' Mr Pownall appeared for the accused. Sergeant Price briefly detailed ; the iacts of tho Mr Pownall asked that tho case be dealt with summarily. If this were agreed to ho'would advise his olioat to. plead guilty and then submit extenuating circumstances in mitigation'of the penalty. His Worship'said it would lin quito open to decide whether tlio case should be dealt with summarily after hearing the evidence, The case would be proceeded with in the meantime. William James .Richmond, bush contractor, residing at Mangaone Valley, deposed that he knew accused, who was going to work for him on October Ist. Lent accused a horse, saddle, and bridle with which to go in to Eketahunn, Ekotahuna .was about., eight miles from Mah'gaone, Ho understood that accused was to bnug back the horsa the same night and bo prepared to go to work next morning. Next saw the accused on Sunday, the sth, in the custody of the constable at (Eketahunn, Previous to this had informed the constable that ho hea-d tho horso had been sold, Afterwards accompanied tho constable to Tawatai for the purpose of identifying . the horse. The .'bot'so was llieu in possession of a Mr Oartright, as was also the saddle and bridlo. The horse was an iron grey. The horso he saw in the stable of the police was his property,. Tha saddlo and bridle produced were his. Ho ..valued tho horse, saddle and bridle at i&\ Did not authorise the accused to sell his property, The horse, saddle and bridle had been in the possession of the police since he identified theni, By Mr Pownall: Had known Daly about a fortnight or threo weeks, but not before. From what he knew of him he was a hard-workingman, He would not have lent him the horse if lie knew anything against him, He could not account for his having disposed of the horse, excepting through drink, Did not think that he would otherwise do the like. By Sergeant Price: Had known aooused a fortnight, but ho had never worked for him, He liad worked for a man named Slatteiy at bushfelling. Had never seen him drunk, Job Oartright, sworn, stated ho was a laborer residing at Tawatai, near Eketahuna. Knew the accused, with whom he had dealings on Octouer-2nd, On that date he came to the Railway Hotel, and was tho worse for liquor. He had a horse, which was grazing outside. Aftet a little while someone asked dim if he wanted to sell it, and ho said "yes," He did not sell it then, Saw acciißed between dinner and: tea time at the Club Hotol, Bought a horse, saddlo and bridle fronv him, which was tho Bame lib consented to sell in the morning, Gave accused for it a cheque for £6 10s on the Bank of New South Wales, Masterton, in which Bank he had an acoount, The cheque was filled in by Prank White and signed by himself, This cheque was torn up, as was also a second. The cheque produced was signed by him on the 3rd inst,, at the request of Mrs Kelliher, who stated tho first signature was not good onough, Received a receipt from the accused for the amount on October 2nd, Gould not say who signod the receipt or handed it to him, He wa3 the worse for liquor at tho time, Rcooivod a socond receipt on the Bame date from a Mr Power, The two recoipts wore handed to Constable Roche. Gave up the horse, saddle and bridle to Constable Roche on the sth, The horse, saddle and bridlo produced wore those purchased from tho acoused for £6 •10s. At this stage Mr Pownall asked whether the Bowh would deal with tho case summarily,

The Bench replied in the nogative, Witness, cross-examine'] by Mr Pownall, said the transaction took plnco whilst they wero drinking together. He signed several cheques, and saw ono of them torn up. Was not positive to whom ho handed the cheques. Tho most ho could remombor about tho affair was that he signed the chequos. For all he knew the sale might have been arranged by someone else beside the accused, If the accused cashed a cheque it might have boen any of those which ought to have been torn up. The payment of one of tho 01160,1163 was stopped, All of them was for tho same amount, He did not think the'accused got the first cheque. 1 Mary Kcllihor, wifo of Maurice Kellihcr, publican, of Bketahuna, deposed that she know accused, whom she had seen a few times at tho hotel, on the 2nd of October, on which dato she cashed n cheque for £6los, Tho cheque was signed by JobCartrighfc. Tho cheque produced was not the one cashed on the 2nd, The cheque cashed was torn upon tho 3rd as tho signature was too short, In return bo gave her the cheque produced, which was posted to the Dank of New South Wales on the 6th, but was returned, payment having been stopped. Tho,cheque book had beon given by her to White, tut she could not say how many wore taken fiom tho book. Tho cheque produced was not from her book. Could not Bay whother accused was drunk or sober when bo cashed tho cheque,

By Mr Pownnll: Knew nothing about the transaction with the horse, and cashed the cheque ljk,o die would any other, Qoiild not say for tflioio tho chcqiio was oashed—it was handed in by accused, By Sergeant Price: Mr Daly handed,liira the cheque and Mr Cartright asked her to' cash it. Handed the change to the accused, Gave him six single ootoa and ten shillings, in silver, Knew tho money was for accused because ho put the cheque down. Frank White, laboroty deposed that he knew accused, and saw him at Eketahuna on October 2nd, Saw him first at the Bailway Hotel, and at that time he had a horse grazing.on the road. Later on accused wanted to soil him the horge, bm](|lo and bridle, and said they wero his own property. Was present when the horse was sold to Mr Cartright. Tho. bargain was made outside tho .Club Hotel, Witness wrote out the cheque for the money,—£G 10s. Got the cheque book from Mrs Kelliher, which had in it two blank cheques. Filled one in and handed it to Mr'Cartright to sign. Ha could no.t got his name in and it was torn up, Filled in the only remaining cheque, which he signed aud-handed, to Daly. Saw Daly cpsJi fc he cheque. The accused was under

the influence of liquorj at tjie time, but witness would'say ilhat he knew what he was about,' •.".,' .'.,•■/

" By Mr Po>nall: The' cheque bunded 'to.accused by. Cartright was Iho cheque which was cashed by Mis Kelliher. "ab it was nil done at the same time, Did not see the horso aold.

By the' Bench: Witnessed:,the. signature of the receipt by accused, Arthur. Robert Power, builder at Eketaknna,. deposed .to. knowing accused. Heard soino discussion about the sale of,a horse.between accused and Mr Oartright outside the Club Hotel. Heard Mr/'Oartright. say that he would give £6-10s for tho horse,, saddle and ' bridle, but accused • ' replied v that he would not i tako less than £9 10a. The sale did not lake place then, Accused was under the influence of liquor at the time. 'Met accused and Mr Cartwright next morning in the Club Hotel. After "poking fun " at him asked him if he had sold tho horse.' Ho said "Yes." Mr Cartwright asked him in'witness' presonco for a receipt for tho money, and witness wvote : one but, i ■' Accused put his mark to it, By Mr Pownall: Read tho receipt to accused, ■ ■.■.'•■.■ ... Constable Roche, sworn, stated he knew accused, who he arrested on the sth inst in the yard ot the Universal Hotel, Ekotahuna, on a charge of larceny as a bnileo of a horse, saddlo and bridle, the property of W J., Richmond. Told him. that he Bold Richmond's horse, but did not caution him. Was in full uniform at the time. Accused said, "It's right, I doneit, hut it was whiskey that caused it." (Tho ftcou'sed:,;Bpclie,;.J did not saythafc; I vremembk/whail said.) He was strongly under tho influence of liquor at the time. Proceeded to Tawatai in company with Richmond on the sth, and found the horse, saddle and bridle at Mr Cartwriglit's, which had been in his possession ever since. Also got the receipt signed by : accused and ; witnessed by White on that day from : Cartright, On the 10th ho received a second receipt from him and that day had received a cheque, Whilst taking Daly to the police station thby l met Richmond. Accused said, "Bill ; I want to speak to you, give me a change." Richmond refused to speak to him, By Mr .Pownall; Accused knew who witness was wheu arrested;' He was under tho influence of liquor. Did not think the admission made was tho result of fear. He." plumped, it out" directly, The mahasked for whisky, but witness did not give him any, is he was,a Good Templar, and did not drink. . By the Bench; Thero was no information laid at tho time the man was arrested, and the warrant was not issued. This was the case, . Mr Pownall submitted that the case should be dismissed on tho evidence. There was not tho slightest proof of whom the horse belonged to at the time of the offence. The horse, saddle, and bridle might havo been purohased since by Richmond, He saw no 'reason why tho case should not now.bo dealt t with summarily, The crime wasnot a deliberate one, but was committed \i\A\f\ under the influence of liquor, Tho accused had a wife and family dependant on him. If ho was sent to the Supremo Court he would hare to reservo his defence.

The Bench said it was not disposed to deal with tho oase in a summary manner,

Mr Powiiall: Very well, your Worship. The accused reserves hi: defence.

The accused was then formally committed to take his trial at the Decembor sitting of tho Supromo Court, bail being allowed in two sureties of £SO each, and himself £IOO.