R.M. COURT.

Wairarapa Daily Times, Volume XIII, Issue 4149, 27 June 1892, Page 3

R.M. COURT.

MABTERTON.-MONDAY, (Before Colonel Roberts, K.M., and Mr J. Gardiner, J.P.) ALLEGED HORSE BTEALING. The casein which Alexander Gillies was charged with stealing a bay horse, of the value of £ll, the property of Frederick Budd, in July, 1.890, was continued this morning. The depositions taken for the prosecution were read. For the defence Mr Beard stated that it was a fortunate thing for the fused that he had an opportunity calling evidence, It would be proved conclusively that the wrong person had been Buspected. It was quite impossible for the accused to have stolen the horse, as he was not in tho district for twelve years prior to September last. The horse bad been purchased by the accused from the Natives, and proper inquiries could not have been made by the police or the present charge would never have been laid. Alexander Gillies (the accused) on oath deposed:—Somo time ago I waßin the employ of Mr Pratt, a Justice of the Peace in Fitzhorbwi I entered his employ in December, 1889, and left it at the end of September, 1890. During that time I was only absent une night, but was away from work for a few days owing to my being ill. I formerly resided in the Wairarapa, and was hero last September. That was the first occasion for twelve years that I had been in the district. After leaving Me Pratt's employ I went to Woodvill for a time. I was there about thro I afterwards went to Mr holder's, which is in the Woodvillo district, I,remained in the Wood* ville district until September, 1891. In July last I bought the horse which I am charged with stealing, with four others, from a Native. I had seen it running'oh Native property ■*aT Woodville leased by Messrs Nelson Bros, Mr Cunningham was manager for Messrs Nelson Bros, I understood the horse belonged to the Natives, as they bad offered it for sale in my presence; 1 had bought other hoises from the Natives, and they asked me to come again and buy.-1 went to the Ngawapurna pah afterwards to look at the bay horse and others, with a view to purchase. I saw the horsee, and agreed' to purchase five. They were then running on Messrs Nelson Bros, property. I went baok to the pah and saw Neria and purchased the bay horse with four others; I got an ordor from Neria to Mr Cunningham to deliver two horses' belonging to him (Neria), One wai a dark hay: . jjfly and the other a.bay gelding, The Written authority produced was the one I; got from Neria. The Native said the horse was supposed to be branded "U" gr' "HU" on the neck.-; I examined it, but could find no brand, .When I produced the order to Mr Cunningham, be refused to deliver the horse because be could not understand Maori, A few minutes afterwards Mr Cunningham saw*Neria' and .he then handed me the horses; Mr Cunningham.put the'ihorse into Mr Holder's yujdfor me. I aubse?[Uently obtained the receipt produced, rorn the Natives, The receipt was

I signed by Rihi Hum, becauao she was the Native in charge. There was no other' bay gelding belonging to the Natives running upon the property of Nelson Bros. I subsequently sold the bay horse to Mr Devonshire, having previously tried to sell it to Mr Cunningham. The'statement of Devonshire as to what I told him when selling the horse is correct, excepting that I told him I got the horse from Neria and paid for it at Hum's pah. I had not seen the horse anywhere prior to seeing it on Nelson Bros' property. I have no idea how it got on this property. By Sergeant M'Ardle: I will swoar that I have not been in any part of the district between Eketahuna and Masterton during the twelve years prior to September last. I was not in the Pahiatua district for some years before January, 1891. I had the horse in my possession only a few hours when I sold it to Devonshire. I did not know there was anything crooked about the horse transaction until I was arrested. I never heard a word to that effect from any person, By Mr Beard: I did not have the horse in my possession two days, The day I got the receipt from Rihi I did not get possesion of the horse. Isold it lo Devonshire on the same day I ' got possession of it, I did not go to Devonshire with the intention of selling, but as the horse was very fresh to have shoes nut on, and to have him ridden.

Sergeant M'Ardlo informed tho Bench that from what had come to his knowledge it would be neoessary to recall Devonshire and ho should therefore ask for a remand. Mr Beaid said he should most strenuously oppose any application because ho considered that the case was a particularly hard one us far as Gillies was concerned. In the second place the position would be exactly the same, beoanse there had been any amount of time to see the natives concerned and make the neceeanry enquiries, Thomas P. Cunningham, manager for Mr William Nelson, deposed to having seen the bay horse in question running on his property. He understood it belonged to the Natives. He hud handed it over to Gillies in consequence of having received an order from Neria. Tho horse in the possession of the police was the same animal. [left sitting.] FEATHERSTON.-MONDAY. (Before 6. W. Reynolds and J. G. Oox, J.P.'s.) CATTLE, ETC, AT LARGE, J, Neilson was charged with allowing one cow to be at large, On the evidence of Constable Smith the case was struck out, J, Stevenson was charged with allowing a horse to be at large. As defendant was a stranger and had already left the district the charge was struck out, J, Bicknell was charged with allowing three'horses to stray on the 18th June. No appearance of defendant, Fine Bs, Costß 7s. W. Burt was charged with allowing Uo hocees to be at large on the 18th June, Fine Is, with costs, J, Deering was oharged with allowing one horse to be at large on 19th June, No appearance of defendant. Fine Is, and costs. W, Hodder was charged with allowing two horses to be at large, Fine Is, with costs, J, NIELBON V, F, HILTON. Mr Izard for plaintiff. Claim for balance ot account. Judgment for plaintiff, with costs 11 h,