LARCENY AS A BAILEE.

Wairarapa Daily Times, Volume XIII, Issue 4050, 29 February 1892, Page 2

LARCENY AS A BAILEE.

Lamont Acwlttoi. - James Lamont was charged by Constable Roche, at Eketahuna, on Saturday, with the larceny of a horse belonging to John Brosnan, of Mangamahoe. The Benoh waß occupied by Messrs A. Anderson and H. Aulin, J.P.'s. Mr Coates appeare'd for the defendant, who pleaded not guilty, John Brosnan, sworn, said that he had arranged with the accused to do ten chains of fencing, for which he ivas to receive the horse , and 80b when the job was finished, He borrowed the horse on the 17th to go to Mangamahoe." That was before tie began the job. He lent him the. mare and did not see it again till Friday, the 19th. He valued the mare at .£5, Soren Thompson was present when the arrangement was made./ He was to have the mare and 80s when the job was finished. Cross-examined-: The arrangement was made at Waiwaka, Thompson was present when they made the arrangement. He wanted to withdraw the information on the promise of his horse being returned. By the Bench; He told the accused he could hayo the mare to go to Mangamahoe, not to Eketahuna. By Mr Coates; He remembered the conversation; Defendant did not say he would sell the mare if lie got a fair offer, He said lie wanted the mare to go to get his traps. Soren Thompson, sworn, said he' was a settler at Waiwaka: He knew the last witness and'also the accused. He heard Brosnan tell Lamo'iit that he was not to take the mare before the fence was finished. Mrs Brosnan, wife of the complainant, said she remembered the accused coming and asking her husband for the loan of the horse to go to Mangamahoe to bring down bis things. Allan Manguson, livery stable keeper at Eketahuna, deposed that he bought a horse from the accused last week for £4los, Lamout said he had the mare for sale, Constable Roche sworn, stated he arrested the accused by virtue of a warrant on the 10th at Eketahuna. Accused said he need not be so fast, lie would have his mare in the morning.. Accused was sober, This closed the case for tho .proseoution. . .Mr Ooates, in defence, stated the circumstance under which the" horse was sold and asked the benoh to give accused the benefit of the doubt, •James Lamont, sworn,, said- he had a transaction with Brosnan re fencing a section. He asked for tile loan of the horse, saddle, and bridle, and also asked if tho horse would go in harness. Brosnan said .she was quiet to' the best Of his knowledge and would go in harness. Witness said if she would go in harness he should sell her if he got a fair offer. - He sold her to A« Manguson, He asked £6 but Manguson would give only £4loa. He thought he was doing right in selling the mare. "' Cross-examined by Constable Roche : The conversation took place at Mangamahoe, He asked Mr. Anderson to buy the horse before he asked Mr Manguson, . Their Worships took ten minutes to peruse the evidence, after which they: dismissed the case.