R.M. COURT.

Wairarapa Daily Times, Volume XV, Issue 4656, 23 February 1894, Page 3

R.M. COURT.

Mii3TERTON.-FB.IDAY. (Beforo T. Hutohison Esq,, E.M.) Alleged Lakoeny. 0. Meller was charged by P. Johansen, a settler residing at Miki Miki, with stealing from him a e;rey horse valued at I'll, air Jackson appeared for the piusecutur, Mr fownall for Mio accused. I l '. Johansen gave evidence that the accused borrowed on Januny 12th the horse with his consent, but instead of returning it as agreed upon within a fortnight, ho sold it in Masterton, where witness had ssen it in the possession of T. J ensen. He offered it voluntarily to acoused to take him toMetahuna tie did not owe him any wages. Had already paid him money due, Accused said ho did not want wasea but agreed to work for him fortuoker, clothes, and tobacco. He left to do some rabbiting and witness eipected him back, In cash he had paid accused 21s, T. Jensen said accused asked him to adyance £2 on the scoutity of the horse which accused would return within a cuuple of months time, Witness agreed to advance him more money on the horse, A man named Johansen came and claimed the horse, but witness refused to give it up. The horse was at present in Masterton. Accused did not try to hide tho fact that he had got it from prniecu ■ tor, who owed him wages. Witnesß had lent him money previously and would have lent him money again even without the security of the horse, Ho would agree to give up thehorße to the man to whom it properly belonged. Guatav Johansen, brother of the prosecutor, was present when the accused left with the horse, His brother had not voluntarily offered the horse, but had lent it to the accused. With regard to arrangements between accused and prosecutor, the terms wore that acoused was to work for his brother, the latter finding him his olothes, tobacco, and a few shillings, when ho could spare them. He declined to pay him 25s a week but promised to give him wages when the place "ran into money." accused did not got the horso for wages. His brother told him that the only object in takingproceedings wsb to get back the horse. Thiß concluded the caso for thu prosecution. Mr Fownall for tho defence said that the criminal machinery of tho Court had been abused in this case for the prosecutor from his ovidonco wishtd merely to regain possession of the horse.

I Charles Meller, called, said he was bushfalline, for prosecutor from November Bth, 1893, to Januaiy 12th, 1894, he was to be paid 2oa a week, Was working for him al! the time except on wet days. On January 12th witness leit for another job. Told Johaiißen and aaked hitn for the wages duo, Waß told he could not get any money until land brought it in or until three years. 'Witness reckoned £l2 waß owing. Having no mouey to pay witness Johanson offered the horse, and said ho might have the use of it if he came back, Corroborative evidence wasgivenofgiving the horse into possession of Jansen, receiving f 2 from the same and paying baok the money. Continuing witnesß said ho had not beon asked to return the horse at any time, and considered he had a right to do what ho did, did not think he was doing wrong, and did not intend to' ateal the horse.

By Mr Jackson : It was understood that he could go back to Johansen when he liked. Did notloave the horso with Jensen becauao he got the 12, His Worship: The case was somewhat doubtful before tho acoueed was cross-examined, but after that examination there is evidently no case for the proseoution. The information therefore will be dismissed,