RESIDENT MAGISTRATE'S COURT. Cambridge, Saturday, 25th July, 1875. (Before W. N. Searancke, Esq, R. M.)

Waikato Times, Volume VIII, Issue 498, 29 July 1875, Page 2

RESIDENT MAGISTRATE'S COURT. Cambridge, Saturday, 25th July, 1875. (Before W. N. Searancke, Esq , R. M.)

Laboeny. — Michael Weldon and William By an, who were out on bail, appeared to answer to a charge of larceny, preferred against them, by Peter Thompson, for haying stolen a quantity of timber, valued at £1 17s 6d. tßoth t Both prisoners pleaded " not guilty" and were defended by Mr Madden The prosecutor, Capt. Owen, MrMcGriure, Nathan Hirvey and Constable Fan." were examined for the prosecution. The evidence leaded to show that prisoner Weldon had taken the timber from off the road wher^ it had been lying for the past three hionths, at the same, time informing certiin persons I o tell the owner that he had taken it, bu would pay him for it. The timber was given to the witt ness Jlarvey to make in'-o a table. The only evidence toconnect Byan with the transaction was, that lie occupied the same " whaiV as lEirvey. At the conclusion of the various witnesses' fevidence, Mi\ Madden asked that .Ryan 6e discharged ad- there was not a particle of evidence against him. Th 6 bench coincided and discharged him. Mr Madden in addressing the Court on behalf of Weldon, ui'^ed that before a larceny could be proved there must be a felonious intent ; ami in this caseHihe, evidence went to shew that there was no such intention, and that there wa3 110 concealment in any shape or form, but that everything had been done openly and above board; and that however much the prisoner was to blame for taking the timber, without first having obtained permission to do so, the evidence clearly proved that the intention of Weldon was t pay the owner as 'soon as he saw him. The learned couase " quoted from Mr Justice Jo'inson's "Justice of the Peace" to show that "lucim causa" or "for the sake of gain" was not sufficient to convict, and also pointed out that in the evidence for the prosecution, the vulae of the timber stolen had not been sworn to, therefore there could be no conviction. The Court informed the prisoner that he had no right to take the timber without obtaining permission to do so, and it appearing tliat there was no felonious intent, the prisoner would receive (lv benefit of the doubt, and would be discharged, but ho mint pay the value of fie timber and whatever costs were incurred. This the prisoner agreed to do. . Wm. Laird v ohmak Leslie. — Claim £2 4s 3d Judgment for p'ainliff for £1 3s 3d and costs. > PaorEcrrox Order, — Air Wbitiiker applied on behalf of Ellen McCann for the granting ol a Pro ection Urder, and there being no opposition tlie order was granted. •13. Ed warm v Ellhv EfowAitDS. — This was a charge of abuJ3iv t e"huigUago-.3P Mr M.« Men appeared ior tlie defendant. , Tkere.being- no appearance of qomplain.ant the charge was dismissed, 'f hU concluded the busmess'v