R. M. COURT.

Wairarapa Daily Times, Volume XIII, Issue 4270, 16 November 1892, Page 2

R. M. COURT.

CARTERTON. -TUESDAY.

(Before Oolonol Roberts, 8.M.)

ALLEGED FELONY. Geo. Osborne v. Adam Grant. Mr Middleton for complainant, Mr Ache- 1 son for defendant, This was a case in which the defendant was charged that he did on the 18th inst. steal and take away one mare, buggv and harness,

In the opening address, counsel foi the plaintiff stated that the transaction arose out of monies due from defendant to the intormant, and the mare and buggy and harness were placed in the custody of the informant by the defendant on Friday, the 12th inst,, as a guarantee for the amount owing, and on Saturday night last thev were stealthily removed from the custody of the informant.

Geo. Osborne, on oath, deposed: I was livery stable keeper at the White Hart Hotel, Carterton, and bought some horses and a buggy and harness from th* defendant for £47. On Friday last I met the defendant on the Glad-, stono road with one of the horses, and he told me that he was coming into Carterton to see me. He had the hoise in the buggy, and he took it to the White Hart Hotel stables. I asked him where tho brake was. Ho made no answer about the brake but said that the buggy and harness would suit me better. He said the buggy and harness were worth £ls. I said very well, I will take it at that price. He asked m« what value I put on the mare. I said £ls; It was settled at that price. On Saturday I let the mare, She was away all day. The man brought her baok in the afternoon to the stables. . The buggy was put in the shed and the mare put into thepaddook. I went to bed about 11 o'clock. The buggy and harness were all right and the mare in the paddock as far as I know. I did not see the mare in the paddock, only the hoy told me he had put her there, On Sunday morning whon I got up I saw the buggy and harness was gone. I slept in the stables, but did not hear anyone come in. I went to the paddock and found the mare gone, but the gate was fastened as usual, I followed tho tracks of the buggy as far as tho Bank of New Zealand, at Carterton. I then reported the case to Constable Darby, I next saw the mare and buggy and harness in tha possession of the Constable

To Mr Acheson: The bay mare was my mare six months ago. When I met the defendant on the Gladstone road he called out to me, " There's Dobbin," meaning a chestnut horse, I did not arrange on Friday with the defendant to allow him £ls for the bay mare, nor that he was to allow me £ls for her, 1 did not lend the defendant money on the artioles in question, I bought them from him. On the 12th, tho defendant asked mo for the loan of o horse and buggy. I told him he could have" Bobby" and tho buggy, which was out at the time. I cannot say whether I have lent the defendantuny monies or not. I bought the things mentioned for £47, over six months ago, I paid for them before I received the things, lam a livery stable keeper, People put horses and buggies under my charge. The arrangement was made lost Friday between the defendant and myself, that I should take the things for the money owing. On Saturday lit was arranged that Mr Acheson should hold the receipt till the claim | was satisfied. Mr. Aoheson said that the defendant was entitled to a receipt, which was given with the understanding that Mr Aoheson should hold it on behalf of both parties. I did not seek to get advice from Mr Aoheson on this matter. The defendant might turn round and say that he did not sell me the buggy and harness, but he cannot dispute the sale of the mare. The defendant lives at Gladstone, but I do not know where he was arrested on Sunday. To Mr Middleton: The £32 as shown in tho receipt is not all the defendant owes me, The money I lent on the watch has nothing to do with the other matter.

Geo. Mould (son of Eobt, Mould who resides at Gladstone) deposed: I saw the defendant drive up to the Whito Hart Stables, and take the horse out of the buggy and put it into the stables. I identify the horse and buggy which I smv this morning in the Court House yard, as being the same which I saw the defendant with on Friday last. To Mr Acheson; I did not know for what purpose the defendant waa putting the horse into the stables. I was in the stables at the time, It was a bay mare with a white face and two white fetlocks, I ought to know the mare, I drove her for about Bix months for the defendant. To Mr Middleton: I have not been paid for driving her, Constable R, Darby on oath stated; In consequence of a warrant placed in my hands on Sunday last, 1 prooeeded to Gladstone and there arrested the defendant. I found the mare grazing in the paddock, and the buggy in the shed alongside of the house, and tho harness in the shed, I took possession of the things and the accused drove them into the Polioe Station, Carterton, They have been in my possession ever since,

To Mr Acheson: There did not seem to have been any attempt to conceal the articles. When I read the warrant to the accused he said that it was a mistake as the things belonged to him.

Adam Grant on oath said: The bay mare and buggy and harness which the constable took from my place at Gladstone on Saturday last ore my property. I took them on Saturday, the 12th inßt., from the White Hart Hotel stables. I previously demanded possession of them from the informant, To Mr Middletoni I remember Friday, the 11th fast, I had no particular conversation with the informant on that day. I saw him at the Turatahi races, Ho asked me to lend him two pounds. I did ask him whether he had the receipt on him. I owed him £47. I made a calculation in figures on Saturday at the White Hart Hotel. The document now produced in pencil is not in my handwriting. I made arrangements with tho informant on Saturday about the payment of the £47, I gave the informant an order on Mr Acheson for £B2, He kept my watch and chain for the balance (£ls). He has had it for tbo fast hino or ton months. It was arranged on Saturday that ho was to keep it till the ilfi was paid, The watoh was deposited with I the informant for money loot oil inoludedin the same affair (£B7). I have asked the . informant for the return of the watch on several occasions, but hav3 not been able to get it. Although I have sold some of the things mentioned in the gale note, 1 have not given any of the proceeds to. the iuforniaut, The

agreement was thai if the amount wag not paid in six months from date of sale note, the artioles were to be delivered to the informant. By Mr Achesou: The document produced is the security offered for the £47. I did not sell the things right out. When I received tho cheque I did uot actually receive the £47. as there were other debts which ■■ I hud inourredwith tho informant, d. subsequent arrangement made between us was that I was to give an order on Mr Achesou for £B2, and the informant was to keep a gold watch and ohain which he had belong* ing to me. I took the mare, buggy, and harne3s under advice from my solicitor.

R. J. Aobeson, solicitor, gave evidence statiug that. he advised the accused to demand the mare, buggy and harness from the informant, and if they mere not handed over to him to take them as soon as ho got an opportunity to do so. To Mr Middleton: 1 have not been present at any of the transactions between informant and the accused, but I have no reason to believe that the aeoused in anyway misled me. I did not in any way act as solicitor for the informant in this cam. The Bench dismissed the informa* tion, and ordered the mare and buggy to be handed o?er to Adam Grant.