RESIDENT MAGISTRATE'S COURT, CAMBRIDGE.

Waikato Times, Volume XXVII, Issue 2203, 21 August 1886, Page 2

RESIDENT MAGISTRA TE'S CO URT, CAMBRIDGE.

F«iDAY.~(Bofor« Messrs Thomas Wells andG. W. Russell, J. P.) Waikato Coal axd Shipping Company v. J. B. L\mb.— Adjourned on the applicatiim of Mr Dyer, acting on behalf of Mr Wbitaker for the plaintiff, for two months. Booth and Robeuts v. W. Douglas.— Claim £ 18s sd, judgment summons. Mr Dyer for plaintiff. Evidence was given to show the defendant was in employment. A letter was read from defendant, stating be was unable to attend, and had been out of work and unwell. Adjourned for one month without fees. Hknhy Ahhkr v. W. Douol vs.— Claim £2 17* M, judgment summon*. Mr Dyer f«ir plaintiff. Adj mrned for one month without fees. BOOI'H AM) ROHKKTS Y. HVKKISON.— Judgment summons, £S IN. Mr Dyer for plaintiff. Plaintiff and defendant gave evidence, and «n order was made for the amount, with 13s cents, to be paid at the rate of ten shilling* a month, or, in default, Hovpn day's imprisonment. W. K. Cakivk v. C. W. Lan«sto\k.~ Mr Dyer for phiintitf. Judgment summoiH, £'i On Ud. Mr Carter g.ive evidence that ilefendant w.i-. practising as a veterinary xurjjeon at Otahuuu, and that, according to comnKin report, ht; was doing well. Order made for payment :vt the rate of £2 per month, or in default. The defendant had employed a solicitor, who wrote to the court, stating that the plaintitt had not tendered indulge money to his client. The Bench, in giving their decision, stated they attached little importance to this, especially as defendant's employing a solicitor proved he had some money. W. Moim.k\ v. T. McCAfJi.— Judgment for plaintiff, for the amount of claim, with cists 11s, \V. J. Ki'NTKK v. D. MrKiSN-ov.— Mr l^yer for plaintiff. Claim £3 In Gd, balance due on a hone. Judgment for plaintiff, with costs £1 13-, < % »d.

c\rru:-srK\LiN<; cask. Georgij Johnston, alias Thomas Cuter, and Hugh McAhtially were cb.trged with stealing live cows and one. htiifer, the property of John Hannon, at Hautapu. Constable Brennan conducted the case for the police, and stated that the information was laid under the 10th section of the Larceny Act, ISU7. The prisoners were undefended. John Hannon deposed : I am a settler residing at Hautapu. I don't know either of the accused. On the fir.st of this mouth I inisM'd souw cattle, and in consequence I reported the matter to the police. I then went to Ohaupo to see if I could iind the cattle, and saw three which I knew to l>« niin<\ One was in the po.ssos-fiou of Mr Guhbins and two in that of Mr Graham. I returned to Cambridge, and informed Constable Brennan that the prisoner Johnston had sold my cows. The result w.is that an information was laid and a warrant obtained. I subsequently received the cattle. I got one, a white poley, at Short*, Te Awamutu. It was in ji p\ddock among other cattle when I identified it. The next one, a big white cow, I lecoverod at Mr Gnbbins', Ohaupo. 1 then got two half-bred Hereford cows at Mr Graham*, Ohaupo, and afterwards found a heifer at Mr Gane's Pukerimu, and a cow at Mr Clements', Tauwhare. Constable Murray Accompanied me in my Bearch, and in all cases I picked out the cftttle from others running with them. I value the six head of cattle at 4122. I never authorised the accused or anybody clue to dispose of the cattle. I identify tho cattle in the paddock outside the court as those that were stolen from me.. They are my property. Cross-examined by G. Johnston. The cattle were running on tho Victoria road. They were not in a paddock that I know of. I can't say how long they were on the road. They went where they liked. By McAnnally. I never saw j r ou driving cattle along the Victoria road. Ite-a\amined by Constable Brennan. I did not myself wee the cattle running on the road. I say that only from hearsay. By tho Bench : The cattle were not accustomed to stray away from the farm, they ne\er strayed away before. Richard Hannon deposed : I reside at Haut.ipu, and am brother to the last witnes*. I do not know either of the accused. Tarn in tlio habit of looking aftei the cattle for n;♦ brother. [ last saw the cattle in qiuistii'ui mi the 25th of July, on the Victoria road, about a mile and a -half from our farm. (Witness here described the cattle.) They were all running together. I identify the cattle I saw outside the court this morning as my brother's property. I did not see either of the accused on tho 23th July. It was about 11 o'clock when I saw the cattle. I never gave authority to anyone to remove or dispose of the cattle. Cross-examined by Johnston : I do not know whether the cattle have been further along tho road than I have stated. We hate no other cattle on that road. Patrick Corcoran deposed : I am a farm servant residing on the Victoria road at Hautapu. I remember the 25th July. On that day I saw the accused (Johnston) on the Victoria road. He was driving .some cattle, and told me he brought them from Tauhei on the other .side of Woodlands. He said he had got them from the natives to put them in the pound, and that his mate had gono before him into Cambridge to get a paddock to put them in. I said I thought he could iinpouud them on a Sunday without putting them in a ptddock. Then he told me he was going to sell them, and I said I would not mind ha\ ing one, and he a^ked £2 for a cow, branded O on the rump. I have identified the cow among those outside. I thought the cow was woith moro than £2. He then told me they were Hugh McAnnally's wife's cattle, and afterwards left the cattle on the road and went towards Cambridge. I did not buy the covr that was offered, as he said they had cwme off Maori land. There were six head of cattle altogether. I can swear to the big cow branded 0 among those outside, but cannot swear to the rest as those I saw on the road. I saw McAnn.iUy next day on tho Victoria road going towards Morrinsville* Thomas Kiddall, the butcher, was with him. J saw no cattle on the road that day. I saw the same parties returning. Cross-examined by McAnnally : I never saw you driving cattle on that road, nor did J hear you say you had cattle there. By Johnston : I did not sco the cattle on Sunday morning, the 25th, but in the evening. You weie driving the cattle. Yon said the cattle had been on M.ioii l.md, and you were taking them to the pound. You offered to sell me one of the cattle. You told me different stories about the cattle. You drove the cattle p.ist my house. You told me that McX.illy had gone on to get a paddock tor the cattle, and was coming back to meet you. I told you no cattlo had broken over the fence th.it mouiing. You asked me the tune of day. Tt was a quarter to h\ eby my watch. You asked me how f.u it was to C unbridge.

Thomaa lliddell, butcher, Cambridge, deposed : — I saw both accused on Monday, the 20th July. MuAunnlly said h« had cattle for sale. I went <» miles to look, but did not buy as they were unsuitable. Mr McAnnally asked me to buy. Johnston was present, X can identify two of the. cattla outride as those offered. Crois-examined : McAnnally told me. the cattle belonged tr» hu wife, and were bought from tin 1 Maori .settlement. He mentioned othei cattle. I did not look for them. When I refused to buy I told him it was no use to try and sell them for fat cattle, he had better auction them as dairy cows. I suggested Ohaupo, and pointed out the road over the Narrows Biidge. By the Bench : I had no previous dealings with McAnnally, and had no auspicious of anything wrong. McAnnally told me Johnson wan his man. I believe McAnnally's wife is a native woai.ui. I have known him three years. VV. J. Hunter deposed : I held usual the .sale at Ohaupo on the 27th July. The acctiHed, Johnson, wanted to enter the cattle, and I entered the six head no\r outside the, court. Accused gave his name as <*corge Johnston, and said he came from Tauwhare. The cattle grossed £Xi 17-- <>d, Paid him £lf> Is t)d in two cheques. The cattle ware purchased, one by Mr dubbin*, two by Mriiraham, one by Mr Short, one by Mr Clement*, and one by Mr (iane. Johnson signed the receipt (produced) as owner of the cattle. Two days after I saw McAnnally, who asked if a man named Carter had sold nix head of cattle with me, as the cattle were sent by him for sale. I told him Johnston sold the cattle described. Johnson, he said, wns the same man whn wan working for him, swamping. The man had gone back to him with only a pound or two, and said he only sold one of the cattle, and the balance he had left with me for sale. I told him the lot were sold, and that my clerk would tell him the amount. I told him that Johnston mentioned a horse he wanted to sell, he said the horse he was riding. McAnnally paid he had a mind to give Johnston in charge. By the bench : I looked on Johnston as the owner. Wlxmi I itw McAnnally he represented himsulit as th<* v>le owner, George McAnnally deposed: I saw McAnnally about the 22nd July at the Masonic Hotel. He wanted his horse from the stable, and was told the man who put it there must release it. He said the man was in the township. I told him to bring the man and I would try and get the horse for him. He brought Johnston, who said he had no money to release the horse. McAnnally then gave me eight .shillings to release the horde, «md told Johnston he had a good mind to have him arrested as ho sold cattle and had given him no money. Johnston replied : I gave you one pound. McAnnally told me b« had woiked with Johnston at draining near Eureka, that ho owed Johnston money, and had stolen si\ head of cattle from his wife and gave them to Johnston to .sell so as to pay him from the proceeds. Constable Murray deposed : On the 27th July, I was going to Ohaupo, and met Johnston at Camp's coinei. He was driving cattle, and said he had brought them from Scotchman's Valley. He said he was working on contract, and bought the beasts now ami then when he could afford it. He let them run in the bush. He said he was selling all he had now as he wanted to go to Kimberley. He said five more got away from him. I rode on and afterwards saw the cattle sold at Ohaupo. The cattle outside the court are the Mime Johnston was diiving. When I met Johnston, I saw McAnnally fifty yards on the Cambridge side of Camp's corner. On the fourth of this month I received information that a warrant had been issued for both accused and arrested Johnston near Newstead. He said if I had waited another day he would have come in. It was McAnnally I should have, not him. McAnnally got him into this scrape, and he said he stuck to the money for the cattle as McAnnally owed him money. I was present when McAniiolly was brought to Hamilton West Police Station on the ninth. I took him before Mr Xortbcroft on the tenth to have him remanded to Cam bridge. At the Police Station he wished to make a statement to the effect that Caiter or Johnston borrowed his horse and afterwards drove some cattle th.it he said were his own to Ohaupo, where he sold them. Caitei had asked him to say that the cattle belonged to his wife. He had a dispute with Carter re the hire of the hoi>e. 1 afteiwards helped Hannou to recover the cattle. This closed the eisu for the prosecution. The Bench gave the prisoners the usual intimation. Johnston made the following statement : I have known McAnnally three ironths. I worked for him borne time. He owes me o\er siv weeks' wages. He told me he had six cattlo given hint, and led me to brittle those were the cattle. A week Iwtore these c.ittle were, stolen he wont to Cimbrid^tJ to see Kiddull about taking the->t* cattle. He returned on Monday, and .said Riddell would take the cittle. I .vorked that, week and McAn.illy left for Tauhei, where his wife lived, saying he would be back on the Saturday with the cattle. He returned and said he had six cattle belonging to a Maori and fi\e of his old woman's. The cattle had been hi ought to Tauwhare and he had diiven them tun miles up the Victoria Koad, w here he left them. He would m«11 them for £l.~>, giving me £2 10s, and £10 to the Maori. McAnnally made the following statement: — "On Sunday morning I came to Cambridge. Thomas Carter told mo he was going to Tauwhare. I met him in Cambiidge. He told me he had brought some of hi.s cattle from Tanwhare, and asked me to speak to the butcher. He told me to tell the butcher the cattle belonged to my wife, as h* did not want his uncle in Cambridge to know. I told the butcher, and went with him to see the cattle. The butcher said they were no use to him, and I had better take them to Ohaupo. Carter borrowed my hor<e, and ofleied £2 hire to Hamilton. Ibehuved the cattle were Carter's. Jame-. McFarlane, called by McAnnally, deposed : He remembered Carter calling at his house and tilling McAnnally he had lost his cattle. He heard McAnnally lay ne was going to sell the cattle. | Both prisoners were fully committed.