R.M. COURT.

Wairarapa Daily Times, Volume XIII, Issue 4065, 17 March 1892, Page 2

R.M. COURT.

MASTERTON.,-WEDNESDAY, (Before Messrs W. H, Beetha'm and J. Butement n J,'6P,) - URGENT. Charles Bishop was charged on tha A information of Albert' William with the larceny of ten bags of grasSr seed, of the value of £B. .'■ , Mr Pownall appeared for the prosecution and Mr Beard for the de- I 1 fence. \Jpj Mr Pownall briefly stated th circumstances of the oase. Albert William Jensen, sworn, deposed; I am a laborer residing at Mauriceville. I know the defendant, h who was working for me up to the first of February. On the Brd of February I was in Masterton. I gave •' - the aooused no authority to take away my grass seed. In my absence ten bags of grass seed, of the value of £B, were taken. Eight bags were taken from one heap and two from another. The saoks were not marked. By Mr Beard: I engaged tlie cused on Bth January at a shilling an hour. He was working up till the Ist. of February, I kept an account of the time worked by Bishop on a" separate sheet of paper to that on whioh I kept that of the others. Bishop was the first ,-v----engaged by me. I cannot his name appears on a separataSme sheet, excepting that there wfßbt room on the sheet for the names of, the lot, Bishop was never working as my partner, or mate. This I will >j positively swear. I will swear I J never told any person ho', was working with me, The accused never told ma he had agreed to sell out his share in the seed. Bishop said he wanted his money A once, and I offered to give bim an 1.0. U. for it. he declined to take, but offered to take the grass seed instead, He said he would take the seed, but I said ho could not. The information was laid by me on the 10th February. "" Bishop ins made no attempt to get away to my knowledge, lam not aware that he surrendered himself to the police, The grass seed was uncleaned, and would run about fifty-five pounds to the bag. I have paid the other men cash for tho work they have done. I have not paid the , accused'his wages. I told him I ! would pay him as soon as I sold the ! grais seed. I could not pay ho took the grass seed, .-, By Mr Pownall: I am quite certain I gave no authority to take away the grass seed. The accused ' had no interest in the contract. * | By the Bench: There were eight men on the job. Henry Jensen I (my brother) was first engaged, then [ flharles Bishop. I engaged all of the ' men but one. I asked Bishop one ! evening if he could get me a man, ' andhegotLouisaEossitter. (laughter), ' Mr Beard; That's a man, 1 under- ,' stand. [ The witness: No, a woman I [laughter.] .'■■;■ g John Rossitter deposed that he had heard that the accused and Jensen were in partnership. He had seen i tho accused taking away grass seed . hi the broad daylight. ,' George Bartlett, manager for Mr " Mackay, who let the contract to Jensen, stated that he had been placed in charge of the grass seed cutting, and dealt only with Jensen. I. By Mr Beard; His only filling was to receive the portion of tie seed '• coining to him, He had received 1(1 some of the seed from Bishop. • Other witnessos were called and y gave corroborative evidence. n The accused, on oath, denied the ; " statement of Jensen that he was working for the latter, He took the 18 grass seed by arrangoment as hia 16 share of tho proceeds of the contraot. g For the defence Michael O'Day,- /J 'i Frederick Brodersen, and Mary £''■'■ d Brodersen deposed that they had 1.1 '8 understood that the accused and Jen- fei w sen were working as partners. The if | accused, ro-oalled by Mr Pownall, I-1 « denied having told Mr Mason that he KI II would take baok the grass seed only f,j n that he had been advised against it by \\ '• one Eagle, U. A. Mason, on oath, V '8 swore that he had spoken to Bishop VI d aboutthe subject and "ho (Bishop) \ said be would baye taken the seed ut back only that he had been advised : > ; ° by Mr Eagle that he could " snap his is fingers at them all." Under crossc examination by Mr BeaiiiL the-, witness admitted that he Bad no n affection for Mr Eagle. Mr Pownall, ein addressing tho Court, contended j ', that tho question of partnership did d not affect the case. If Bishop had tak3nthe seed of the partnership B fiim he was quite as guilty as if he )i had taken it from Jensen only, The t Court had only to determine whether it there mm prima facie oase, and not e the credibility of tho parties con--8 cerned. This was the function qf i e j-iry. Mr Beard, for'the defence, >1 maintained that tile aooused hadorily !- exercised the authority vested in hiin '. in taking the grass seed. The Bench', d after a few minutes retirement, stated* ■» they had uonsidqred the case jn all its] !i bearings, and "had' concluded there ■ was no eyidenco of felonious jntenti ' d Thecase would therefore be dismissed, I Mr Pownall i" Will the Court make )f an order that, the grass seed be dad tained ?" Mr Beetham; ". We make g no order. The Bench are of opinion t that tho accused is an honest man."