R.M. COURT.

Wairarapa Daily Times, Volume XIII, Issue 4243, 14 October 1892, Page 2

R.M. COURT.

MABTERTON.-FRIDAY. (Before Messrs Butement aud J. Gardiner, J.P.'s), Charles Bioadbent was charged witkwrongfullyappropriatingawatch, the property of Patrick Carr. Mr Pownall appeared for the prosecution, and Mr Beard for the acouscd. Mr Pownall said that Mr Carr had deposited a watch with Broadbont for repairi, and on calling for it was told that a man named O'Malley had called for it and taken it away. If this was the case Mr Broadbentwould have to substantiate the story. It would not do for a tradesman, who had been entrusted with an article, to be exone* rated from blamo by simply saying someone had called for it,

Patrick Carr gavo evidence of depositing a watch with Broadbent about nine months ago. It was worth about £5. On applying for it Broad* bent said a man oalled O'Malley had taken it away sayinj the watch was" his. Had asked acoused for it several times, but had not been able to get it. The story about O'Malley was the only one accused had given about the watch. Assisted accused to go to EketahunatoseeO'Malley and get the watoh, Hereturned'fromEketahuna without the watch, and said O'Mally would not give it to him, The slip produced was givon to him on one occasion, when applying for the watch, setting forth the maker's name and the number of the watch. By Mr Beard: I will swear it was after lant Christmas that I left tha watch with Broadbent. I will not swear to the exact time. I bought it from a man of the name of O'Gorman, about four years ago. cash for it. It had been in thr# possession of O'Malley before I left it with Broadbent, It might have been about seven months before. I lent it to him while his own watoh was being mended at Mr Henderson's. Afterwards I did not see him and be had ray watoh for five or six months and I had his, I did not know that the mtch was left with Broadbont by O'Malley for repairs during the time he had it, Broadbent told mo O'Malley had left it with him. Subsequently O'Malley had olaimod the watoh and paid fifteen shillings for the repairs. I saw O'Malley about three months ago hut I did not say anything to him about the watoh. I did not take the trouble to get within speaking distance of him. Broadbent wrote a letter to O'Malley about it. I have never taken any steps to satisfy myself whether Broadbent's story is corroot or not,

By Mr Powuall: The man I gare the watch to is the man I want it back from. I did not O'Mally to receive the watoh. TbJv reason I.did not ask O'Malloy about the watch when I Baw him was that I did not think about it, I was engaged with other business, Mr Pownall said that this closed the case for tho prosecution. He contended that on the evidence, the Bench must commit the accused for trial, or if he eleoted to be ddlt with summarily, convict him of tho offenoo. Mr Beard replied at length, arguing that there was no case. Broadbent might be liable under a oivil action, but was not guilty of any criminal offonce, The Bench decided to hear more evidence

Charles Broadbent gave evidence to tho effect that tbowateli was left with him by O'Malley, some time previous to last obrißtmas. The watoh was and returned, and left a second time for repair, in due course being returned again to O'Malley. About tho latter end of October Care left the watoh again, and after mend,* iug it he had it some time in his shop* Had told Carr about it. Finally O'Malley oalled and took the watch away. Understood it was his. Subsequently saw Carr and told bira O'Malley had taken the watch. Had since frequently told Carr that he had written to. O'Malley about returning the watch. Carr told bira something about lending the watch to O'Malley and not boing able to get it back, finally snatching it out of O'Malley's pocket. Went to Eketahuna to see O'Malley, but did not get tho watoh. ByMrPownall; This is the only watch I failed tp return. My story about O'Malley is not a fiction, I did not thiuk it was necessary to Eubpceua him because be promised

to bo present. I did nob take a receipt from O'Malloy wheu I gave him the watch. Jane Broadbont, wife of the accused, had no personal knowledge of the watch being brought in, but recollected it being taken away by O'Malley. Tho Beiioh deoided to adjourn the the case until 10 o'clock on Wednes- \ diy next, to enable O'iMalley to bo present,