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(Before Major Steward and D. Thomiß, Btq.J.P'g)


A ficat offender was brought op on this oharge, and alao on that of leaving hli borae uprovlded with food and water, but no evidence being tendered, the o»ao was dismissed. , ALLEGED I.ABOBNT. Edwin Forward, oa remand, waa obarged with the larceny of a £1 note the properly of John William Prlmme/.— Mr Oathbertson appeared foe the prisoner and pleaded not guilty, He also asked that the case might be dealt with under the summary jurisdiction clauses. — Sergeant Felton who oonduoted the prosecution called John William Primmer who deposed that ha la a farmer residing near Aahburton. Was at the raoes on Thursday. Saw plisoner there. Was standing 9 or 10 yards away from Kelly's booth. Had* £1 note m his band whioh be bad palled out of his pooket and was going to put on the totallsator. Pciauner snatched tho note out of his hand add ran a vr ay. A man named Porter waa present, Oroisexamlned. Prisoner had no share In the £1 note which was entirely witness' own property. Saw prisoner several times before during the day. Dldn'c reoolloot having had any conversation with him. Couldn't Bay yes or no as to whether he (witness) was snher at the time. Was'nt very far out. Knew quite well what took plaoe. Nobody had aoy share ia the nota. — Jamos Porter, narsd'ymin, Alleriton, , waa standing close to Primmer and prisoner. Felt the latter snatch somathl-flg from the former who oalied oat. Saw priaoner runnii g aw»y with a not* m his hand. Pursued him and took it from him. and gave him m oharpe. Prisoner wae going away from the totatlsator. Heard no conversation between Primmer, and prisoner. Oroßo-examined. Did'utknow whether there had been any/, cdnveraatlon between them before he (wit* ness) came up. Primmer had bad a glass or two but was not drank.— Constable Fitzgerald deposed to the arrest of prisoner, who was being held by the last witness. The note was given to Sergeant Felton, Cross-examined: Brought prisoner to the station m a cab. Just before starting a man came and asked prisoner if he had got his 5* back out of the pound* This was the case for tho prosecution. Mr Oaihbertson said that toe defence was that prisoner, Primmer and two others had ouc jointly made op £I— five shillings each— to bB pluced on the totallsator oh a certain horee, that the money waa handed to Primmer who fumbled about and did'nt seem to know how to go about the matter, whereupon prisoner took the not* from him for the purpose of lodging It In the totallsator as agreed. To sustain the charge of larceny there must be the animus furandi whfoh It would be shown did uot exiat m this case. He oalied Henry Forward, brother of accused, -who deposed that ptUoner, Primmer and two others arranged to put 5i each on a horse In the last race but one, Saw his brother hand his 5a to Prlmmar. Oonld'nt swear that he saw the other- two do 80, bat Under stood the pound '' was made up between the four. Primmer was to pnt the pound m the machine. He went first to the front and then to the baok, and witness remarked to his brother that he (Primmer) did'nt seem to know what he was about and advised him t6 pat on the' pound himself. His brother then look the nute from Primmer, who made a anatch at it, hia toother ran round to get out o/f Pdmrnar's way aud before any explanation could be mads he wai arrested. Primmer was drunk. Grossexamined: My brother and Primmer were, talking together five or ten mlnntet. Saw. witnws Porter present. After my brother was arrested I went to the cab and asked him If bo had got his 5s back My brother lived m Temuka for 21 years. He-was a carrier fart of the time. ' He has betn living In Ohrlsohuroh where he was la busine-s m the coal and timber line. He lisa bihbe' been out of builness foil 12 or 15 modlhe. He does nothing at present that I know of. ~Kd ward ' Mia* tosh, bootmaker. , • Ohristohurch, s^tr prisoner for , the ficat time on the rabeopurse;on Thnrsday . St whim , Primmer and two othem getting;, ap a sweep on a horse. Prisoner gave Primmer ss. Didn't ' see the. other two give: their money to him. Prisoner was drank' and went to the totallsator first ' one way then another, Heerd the last witness tell prisoner he bad butter gtt the'porind and pat it on himself, PrlsDher! tobfe the pound and went over to the totallnator, but Was arrested before he couldput the mone,y on,— brose-examlned : Prieoner did' Lot go very fast . He weht ,by the passage- way that led (o the back of , tho, machine beoaqse be waoted to get oat Of Prlmmer'i way, as Primmer was '^ halftli^htM and wanted tb fight' everybody. Saw prisoner give his sa. to Primmer who put the money m hia trouiers* pooket^ W. de B. Oomptdn, : bad. known prisoner for over 20 j^ats. Knew nothing afatnst him. Had 'never heard of his being In auy, trouble.— Orofli. examined It was 4 years since he had known prisoner |to be resident In : Temuka. Had seen him sino3 ,at . Ohriatohurch. Did' net know, what ; he was doing now.— | The Baooh >ald that they considered the defence fully proved. It 'was olear that ' a aweep h«d been , got up, between four persons, of whom two wore Primmers aod tlia Boomed. . , Primmer, had: evidently t»k«n more than waa ; good. for him,: and had apparently no reoollefctlon of what had i transpired. Doubtless he believed that priaoner was fobbing him Whereas the 1 evidence showed that the pound, was the joint property of four persons, df whom the.apoused: was one, and was taken from Primmer to be. plsoed In the machine as agreed; The charge would therefore be dUmiesod, there being nothing against, the prisoner's oharaster j but ,{t was to, be re,gretted that the oomplalnant hadladql|{sd a little to freely, aqd the risk he bad ran should be a caution to the aoouaed not to have dealiDga m futura with aoy person. m such a condition. ■ >> ; ' .

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MAGISTERIAL., Ashburton Guardian, Volume VII, Issue 1996, 24 November 1888

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MAGISTERIAL. Ashburton Guardian, Volume VII, Issue 1996, 24 November 1888

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