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MAGISTERIAL.

ASHBURTONi-THURSDAY.

(Before Messrs R. Aleorn and A. Harrison, J.P's.) Jliakged Larceny of a Drat.—James Johnstone was charged with the larceny of a dray, the property of James McCronor. Mr Cuthbertson appeared for accused, . Herbert Moss said he had been bookkeeper for Bland and Humpherys. A bout the@tihor 7th February last McCrenor wanted to buy a dray. He got the dray only on condition that Johnstone endorsed <;he bill. Mr Bland told witness to charge Johnstone with the driiy, which he did.. Heard no more about it until Johnstone came along «ne night and said the dray was m Bullock's yard. Sturgeon, the firm's yardman, went over and brought it into Bland and Humpherys' yard, but it was returned next day to Bullock's. The dray had never been paid for and still stands on Bland and Humphery's books. . The aocount was £22. By Mr Cuthbertson: Bland and Humpherys, m going into liquidation, owed Johnstone £611s 3d. Johnstone at thftt time disputed the dray. After de'bfting tfbhnstoiie the dray, £23 there was left a credit of £6 11s 3d. John R. Bland said he was m business as an auctioneer, and about February 6th last McCrenor came wanting to buy a dray. The firm had one for sale, and McGrenor said he would buy it, and wanted terms. Declined to give terms, but was willing to accept Johnstone's security. McCrenor wanted fco take the draw away, but witness said that could not be until he had seen Johnstone, who came and gave a promisory note for the price. He arranged for Johnstono to come down the following day to get the dray. Jotnistone did not come, and McCrenor.took it away himself. Had n» transaction with Johnstone about the dray previous to McCrenor takiug it away. Sow Johnston afterwards, who promised to make it all right—this was a few days afterwards. By Mr Cuthbertson: The dray was not; booked to McCrenor—would not have given him credit. Looked to Johnstone for payment. T. Bullock said that three months ago he sold a dray on account of Mr John Orr to Mr Rainey, May field. James McCrenor, contractor, Methven, said that m February he purchased a dray from Bland and Humpherys. The dray outside was the one he bought. The price was to.be £22 cash or £23 on a bill. Offered an order on Gould and Cameron for the amount, and meantime took a hirer's agreement for the dray. (Document produced.) Mr Cuthbertson';* The document is a printed one without date or signature. • The Bench : No notice can be taken of snch a document. Witness : Signed no document whatever before taking possession of the dray. By Mr Cuthbertson : Did not give the order on Gould and Cameron, signed no bill, and the dray was still unpaid for. By the Bench : Never paid anything to anybody on account of the dray. Johnstone borrowed the dray from witness to cart wheat, and took it away with a team of horsies. Gave Johnstone no authority to sell the dray. By Mr Cuthbertson: Did not owe Johnstoue any money. Got a horse from him once, valued at £20. It died meanwhile, and had not been paid for by witness. Bought a cow from Johnatone for £4, and did not cash an order from | Johnstone on Friedlander Bros, and stick to the money. Was at present under remand on a charge of larency as a bailee of a large quantity of stock, and somewhat suddenly disappeared after the stock disappeared—thanks to the advice of friends like Johnstone. John Orr, merchant, received a dray from Johnstone which was sold by auction and the proceeds put to McCrenor's credit, who owed witness over £60, for which witness held a bill endorsed by Johnstone, Johnstone derived no benefit from the sale. Thomis Mathieson, contractor, Methven, said that m April lasfe he asked McCrenor for • the loan of a dray. McCrenor told him to go to Johnstone's and get one. Went some time after to Johnstone to get the dray. He said it was sold, but he would give witness one of his own, and did so. Constable Crockett identified the dray outside as the one ,he had brought from Rainey's at Mayfield. T. J. Rainey said he bought the dray outside the Court m May last at Bullock's Arcade, > Mr Cuthbertson submitted that not a tittle of evidence had been adduced to fix larceny upon his client. From first to last the dray was Johnstone's -bought with his credit and paid for with his cash. Besides, the proceeds of the second sale of the dray had gone to McCrenor's credit with Orr and Co., so that if the prosecutionsucceededMcCrenor would have the benefit of the proceeds of the second sale, and the dray itself as well. The Bench said they had no hesitation m dismissing the case against accused, against whom there was no evidence except McCrenor's own ; all the rest went m favor of Uie claim by accused that the dray had been bought and paid for by Johnstone. Civil ga^es..- Qetirge Jameson v W. Monro, cla^n^ £12 14s 8d \ jjqdsment for plaintjff by fjefaujt. Priedlander Broa v W, de B. Wilson, claim £14 19s 2d. In this case wheat had been bought for another man by defendant, and the price per bushel had been disputed. Defendant was willing to bear the loss himself of the difference, so .that judgmentmightgo forthe full amount. Judgment accordingly.

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Permanent link to this item

http://paperspast.natlib.govt.nz/newspapers/AG18901030.2.6

Bibliographic details

MAGISTERIAL., Ashburton Guardian, Volume X, Issue 2557, 30 October 1890

Word Count
904

MAGISTERIAL. Ashburton Guardian, Volume X, Issue 2557, 30 October 1890

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