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RESIDENT MAGISTRATE’S COURT., Ashburton Guardian, Volume 1, Issue 62, 17 February 1880
RESIDENT MAGISTRATE’S COURT.
ASHBURTON— Saturday, Feb. 14. (Before Mr. F. Guinness, R.M.) BURGLARY. Wm, Storey was charged with burglary at Baldwin’s Hotel, and on the application of the police was remanded for eight days. LARCENY OF HORSES. James Gardiner, on remand, was charged with having stolen throe horses. Mr. O’Reilly, for accused, took objection to the information that part of the information had been taken before the Magistrate, and another , part before the clerk. The informant, not being able to , write, did not have the information properly explained to him by the Magistrate. , The objection was overruled. Constable Farmer proved the arrest of accused at Dromore on the previous day, , and accused stated the horses were the property of Mr. Friedlander. Higgins, the informant, was with me, and pointed out the horses. ; By Mr. O’Reilly—There was a man in possession of the horses for Mr. Friedlander. Michael Higgins, laborer, sworn, —I worked for accused for about two years and two months. . I left his employ about a fortnight ago. I bought threehorses,— “ Shanks,” “Charley,” and “Black Captain”—and a double furrow plough from him about three months ago. I paid him LSO for them. Mr. Crisp made the receipt out for them, and Gardiner signed it. I gave him the money, and he gave me the horses. I have not the receipt now. The day I left accused I asked him for my horses, and showed him my receipt for them. He snatched the receipt from me, and we had a scuffle. 1 afterwards picked up two portions of it, and he told me he had the rest of it in his pocket. I then left the premises. I accompanied the bailiff to Dromore, and I took the three horses and plough, and brought them to Ashburton. On Sunday morning last I was leading the horses to a paddock, when accused rode up between the horses, and took the halters off two of them. I told him I would not let the horses go. He said Mr. Crisp told him to take the horses. He took Shank's and Captain, and rode away with them. I went to the bailiff’s, and accused came up with the two horses. He said he was going to take the horses, and Mr. Branson said he would do so at his own risk. Accused said he had got the wrong horses. When I purchased the horses I knew nothing of a bill of sale. 1 gave the horses up to him on Sunday without resistance. I was afraid he would strike me. By Mr. O’Reilly—l never lent accused any money. I went to Mr. Crisp .with a bill of sale ; no money had passed at this time. No one ever told me he considered my case a swindle and he would have nothing to do with it. Gardiner never gave me a bill of sale, lie gave me a paper to give Mr. Crisp. I could not say if that paper stated the money was to be repayable in March. I gave no loan. X
bought the horses from him. I don’ know of any in to rest being mentioned i the first document drawn up. I can’ read. I took the bill of sale to Mi Crisp, and lie said the document was n good as it was too late for rogistra tion. lie read it out to me, and can’t swear if there was aixy men tion of money- in the deed. Mr. Oris told me to get a proper hill of sale. II told, me it would cost. LG or L 7. He di-c\ out another paper and told me if Gardinc signed it, the .horses would be mine Gardiner was not consulted in tlxe matter He signed it and said the horses wen mine. lam sure the horses and plougl were not worth Ll5O the lot would In worth LSS. A new plough is worth LIG I got a judgment in Court for delivery o the horses and plough ; Mr. Crisp afterwards told me if I took the plough to Mr Friedlander I would got the LSO, but I wa to pay Mr. Crisp LlO out it. I wonk have taken the L 59 bub the lawyeiwanted too much out of it. Fricdhxndc: offered mo LSO. I refused to take it because I wanted the horses. E. G. Crisp, solicitor, sworn, said—O: or about tlxe 13th of October last, Michae Higgins came to my office. He brough with him a very small scrap of paper Can’t recollect the contents clearly onougl to swear to. As far as I recollect, tin paper was all in the same handwriting and purported to be signed by Janxei Rardinox-. From previous knowledge 1 mix satisfied the signature was accused's. Higgins asked mo what was the loga effect of this document. I advised Higgin.‘ if he did not procure a bid of sale, to buy the horses, Arc., right away. The firsi document brought to me by Higgins was not a bill of sale, and Higgins’ evidence in regard to that is substantially correct. [ then prepared a receipt for him. I san two small portions on the occasion of the fivil action heard in this Court. The ’ragmenis were left ou your Worship’: xable. I made out a receipt for the purfixasa of three horses and a doublc-furrov, •dough. I think the wording of receipt .vas, “ Sold by me this day to Michaoi Higgins.” I saw the document again an lour or two afterwards, and it then bore fiardiner’s signature acToss the stamp. By Mi-. O’Reilly—l don’t think there vas any mention about repayment of the noney, or interest, in the first document. I informed Higgins that the docvnnonl vas no security whatever. I don’t rememicr if it purported to be a security. I ;ould not say if ab.vjncc of date was fatal ;o its validity. I don't think the doounent was attested by witnesses. Ido n-d ■emember if Higgins' name was on the locument, or that it mentioned Led as jonsideration, or that it amounted to an igrcoment for a bill of sale ox sontained anything suggestive of such. The reason why a bill of sale vas not drawn up was because Higgins ibjected to tlxe expense. My idea was hat the horses were to be given in locurity for an advance of money. I have xover known an absolute bill of salt •egistered as such. Ido not recollect any rime mentioned in the document for payment of money-. Gardiner gave me no nstruetions in the matter. Higgins ibandoned the idea of a bill of sale and letermined on an absolute sale. I got no nstruetions to provide for tlxo money-being •efused. Thex-e was nothing in the docunent making it compulsoiy on Gardiner .o execute it. Mr. Hurrell, Clerk of Court, proved he judgment given against Gardiner •occntly for the rotux-n to Higgins of tlxo xorses, the x-eappropriation of which by Tar-diner constituted the present offence. V warrant had then been issued and landed to the bailiff for execution. 0. B. M. Branson, bailiff, received the warrant,' and went to Gardiner’s place in lompany with Higgins, who pointed out ho horses mentioned in the warrant, seized them and returned to Ashburton, ['he horses were delivered to plaintiff, law Higgins next morning (Sunday). Prioner was present. ’ I told him on what .uthority I acted, and produced the "arrant. He said lie was going to take he horses. He had two of them with dm then, and ho took them away-. John Welsh, storekeeper, saw Higgins in Sunday, tlxe Bth Feb. lie was driving hrac horses towards the bridge. Saw lardiner coming in an opposite direction. Ic rode between the horses, and lie and liggins spoke excitedly-. Could not tell that they were saying. Gardiner slipped he halters off two of tlxe horses, and ■liggins rode towards Quill’s with the ther animal. Higgins made a slight reistance. Prisoner declined to make any state,l exit. Mi-. O’Reilly addressed the Court, ax-gli-ng that the document dx-awn up by- Mr. !risp amounted to a bill of sale, and conending that a proper bill of sale would .ave been drawn out and registered, but or Mi - . Crisp’s statement as to the cost. Accused was committed for trial on oth informations, after evidence had een led as to the fact of Gardiner taking way the third horse also.
RESIDENT MAGISTRATE’S COURT., Ashburton Guardian, Volume 1, Issue 62, 17 February 1880
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