POLICE COURT, TE AWAMUTU.

Waikato Times, Volume XXXVIII, Issue 3110, 21 June 1892, Page 2

POLICE COURT, TE AWAMUTU.

Saturday.—(Before Messrs J. H. Maudano and J. Walton, J.P.s.) Wabaki Kapu, an aboriginal native, residing at the Waotu, was charged with stealing a horse, the property of Mr James Parrell, of Kihikihi. Mr Gresham defended the prisoner, who pleaded not guilty. From the evidence for the prosecution, it appeared that the prisoner took the horse from Kihikihi to the Waotu on or about the 28th of last month, where it was found in his possession on the Sth inst., when he waft arreated by Constable Lowther. For the defence, Mr Thomas Anderson, of Kihikihi, depoaed that soma two months ago ho had informed the prisoner thnt he had lost a linrse, which he described in the prisoner, and fur which he offered a reward. His horse was a chestnut with a white face, and closely resembled in appearance the horse which the prisoner was now charged with stealing. A native came to Mr Anderson some three weeks ago and stated that Anderson's horse, or one very like it, had been found. Mr Anderson informed that native that his (Anderson's) horse had already been recovered, Joseph Corboy deposed that on Friday, 27th May, ho saw the horse tied up in his mother's paddock at Kihikihi. As far as he knew, the prisoner had not attempted to conceal the horse. Other witnesses deposed to knowing the prisoner for fifteen and, twenty years, respectively, and gave the prisoner an unimpeachable character for honesty. In addressing the court, Me Gresham contended that there was u total absence of a felonious intent. There had been no concealment of the horse, no alteration of its appearauce, no attempt to sell the horse, no claim by the prisoner that the horse was his. On the other hand, one of the witnesses for the prosecution and several for the defence had deposed that the prisoner had told several people that he had found the horse, where he had found it, and that he was looking for its owner ; that the day after he found it, the prisoner had sent to Mr Auderson to know if it was his. Mr Gresham said that the evidence was such as no jury would convict upcn. After retiring to consider their decision, the bench announced that there were several very suspicious facts which reflected very unfavoursbly against the prisoner, Thoy, however, were not of opinion that tho evidence warranted a committal, and they consequently dismissed thn information.