RESIDENT MAGISTRATE COURT.

Westport Times, Volume IV, Issue 738, 17 November 1870, Page 2

RESIDENT MAGISTRATE COURT.

"Wednesday, November 1G (Before J. Giles, Esq., R M.) LATtCEXr. Thomas William Melville was charged, on the information of Walter Bull, with stealing seven pieces of timber on Nov. sth, valued at 7s. Mr J. Bickerton Fisher appeared for the prosecution. Mr Pitt defended. The following evidence was taken : Constable Williams: I know the prisoner, I arrested him on a warrant yesterday afternoon ; I cautioned him stating the nature of the charge. He said he knew nothing about it, and that he was not present when the shooting gallery was erected. I recognise the timber in the court. I found the timber adjoining the gallery, staying the building. A carpenter, John Harrison, pointed it out as Bull and Bond's property. By Mr Pitt: The timber formed props for tho tubes, and was openlv exposed. Melville was not present when I took the timber. I took the timber out after I arrested Melville. Walter Bull: I am a builder in Westport. I have erected a bowling saloon for David Emanuel. On Nov. sth we took a lot of waste timber away, having completed the building. Prisoner was there with a man, named Carr. He was erecting a shooting gallery, I went to the premises yesterday, and I saw some of my material used as supports for the large tube. The timber was kauri and red and black pine. I recognise the kauri and black pine in Court as my property. The timber is worth 7s I then saw Melville, and asked if he was going to pay his account. He said that he had no money. In reply to my question, he said the shooting gallery belonged to him. I said some of my timber was in it j and he then said that Mr Field owned it. I then laid an information. By Mr Pitt • I saw Melville working at the gallery on the afternoon of Nov. sth. Carr was working there. I did not see a man named Lane working. The li>s he owed me was for timber.got from the yard. It was red pine he got; boards, not quartering. I am certain that he did not get any kauri. I saw Melville working on throe or four occasions at the gallery on the afternoon of Nov. sth. He was connecting the tubes. My timber was all stacked in one piaco. By the Bench : Melville's timber, consisting of quartering similar to this, was stacked about 15 feet from my timber.

John Harrison, carpenter: I took away a quantity of timber on Nov. 5, belonging to Bull and Bond. I recognised a quantity of timber, that I had stacked in the morning, made use of in the shooting gallery. I thought Bull hail sold it, and I said nothing. I recognise three pieces of timber iu Court which I cau positively identify as Bull and Bond's property." I saw Melville engaged about the gallery. By Mr Pitt: The timber was scattered all round before 1 stacked it. The timber used in the shooting gallery had not been cut or altered iu any way. There was no concealment, ft was thoroughly barefaced. I did not see Melville erecting any scaffolding. I saw Carr at work during the day, but I did not notice Melville. By Mr Fisher: Carr camo in and asked for a strip of wood, which was given to him. By the Bench : It was late in the afternoon that Carr asked for a strip of wood.

John Oakley stated that he saw the prisoner and Carr erecting the tubes on the afternoon of Nov, 5 ; it was after 2 o'clock

By Mr Pitt: I cannot say whether Melville was doing the woodwork or the ironwork.

His Worship thought that there was not sufficient evidence to carry out a felonious intont. The case was one for a civil action, not a criminal one, there being sufficient evidence to prove the ownership of the timber, and that it had been used. There was no evidence that the timber had been taken by the prisoner or with his knowledge, and even if he had taken it, the surrounding circumstances were insufficient to bear out a charge of felony. It would amount rather to an unjustifiable borrowing, with the possibility of the timber being returned. The case would be dismissed.