A SINGULAR CASE.

Auckland Star, Volume XX, Issue 193, 15 August 1889, Page 5

A SINGULAR CASE.

Alexander Morton was charged at tho Police Court thig morning, before Messrs S. Y. Collins and A. Boardman, Justices, with having, on the 6th of August, stolen one black gelding, branded X.A.C. on the near shoulder, value £8, the same being the propea-ty of Prank H. Pilcher.

Mr Theo. Cooper appeared for the accused.

Inspector Broham, in opening the caee, said that it was a singular one, as the accused was alleged to have taken away the horse without "the authority of the owner and sold it for £6 10s to a Mr Lewis, and got another horse as well. He afterwards came back and offered Mr Pilcher £5, which he refused to accept. Mr Pilcher gave accused until next day to return the horse, and as he did not do so, the present proceedings were instituted.

Frank Alfred Pilcher deposed that he was a carrier in business in Cusbom-street. On Tuesday morning, the 6th instant, he saw accused in Custom street between 10 and 11 o'clock in the morning. Witness had a horse tied behind his cart outside his office door. Morton was looking at the mouth of the horse. An employee of witness named Brown was in charge of the horse. , Witness told Morton that the horse was about 6 years of age. Witness left them, but returned in a lew minutes, when Morton asked if he wanted to sell the horse. Witness told him that he did not care aboub selling, as he was not particular. He said Mr Mcßride, the tailor, wanted to buy one, and asked would witness mind him seeing ib. Witness replied "No," and then Morton asked where the horse could be seen. Witness told him that the horse would be tied up on a vacant allotment in Custom-street. Witness next saw Morton in his office aboub 2.30 o'clock. The defendantjthrew down a, £5 note on the table. As hdi owed a small account, witness thought Morton meant to pay it. He therefore said he had no change, but would get ib. Morton said, "Oh'.that's for the horse." Witness replied, "I don't want to sell it." Morton said, Oh ! you must; it's sold." Witness aeked who jjave him the horse. Morton replied, ''Brown, your man, was there when I took it." Witness looked across the road, and saw that the horse, saddle, and bridle were gone. Prior to that witness thought Morton was jokingr. Witness said, "Either you or Brown will have to return it, for the horse came in to be shod." Witness gave Morcon until the next morning to return the horse, saying l.hafc meanwhile he would see Brown. Morton said, " You had better take the £5 note. It's as much as it's worth." Witness :liti not accept the £5 note. Next morning witness saw Morten iv Queenstreet, between 10 and 12 o'clock. Witness asked what he was going to do about the horse. Morton said that witness was trying to make him look like a thief. Witness replied, "In plain language,'you are one." Morton then said that ho would get back the saddle and bridle, but he would have to sell the horse, as Lewis would not part with it. Witness refused to do so, but the saddle and bridle were returned to witness's office. Morton said that if witness did not like to take a £5 note for tho ho»-se he could sue him. Witness valued the horss at £8. He had never given Morton anything to sell on commission for him. Tho horse was now outside the Court.

Cross-examined by Mr Cooper : Witness had done an amount of carting for Morton during the last six years. lie knew defendant when a member of the firm of Morton and Jackson. Witness contemplated leaving Auckland, shortly. Witness could not remember having met Morton in Buck,'and's sale, yards about the end of July. Witness did not tell Morton that he would sell his hack for £5 net cash. Did not know Walter Taylor. Did not tell Morton at the sale yards for what price he would sell out his business. Witness told Morton in his own oiSce that Baker Bros, were-agents for the sa'e of his business.

Witness wroto to Messrs Lewis and Harvey asking them to return the horse again. Witness did tell Morton that he would get a policeman and briny back hid horse. Morton had resided at Kemuera for many years, and was well known in Auckland. Witness laid the information at 3.30 o'clock. Did not know that Morton was arrested at 8.30 o'clock at nighb. Mr Lewis asked witness to take the horse back and not be hard on Morton.

William Roberb Brown deposed that he was a carter in the employ of the witness. He stated that he brought in the hoi>e and tied it behind a cart outside the otiice door. Morton came over and asked witness if that was the pony belonging to Pilcher. Witness said that it was. ]S] r Pilcher came along, and witness left him and Morton together, Between 12 and 1 o'clock the satnt. day Mr Morton came in and a?ked for Mr Pilcher. Witness said that he was not in. Morton asked whether the pony required whiporspur. Wittiesssaid "Neither is necessary." Nothing passed to lead witness to understand that the horse had been sold. Witness next saw the horse at Quinn's, the blacksmith's, in the possession of Mr Lewis. Witness did not authorise accused to remove the horse.

By Mr Cooper : The defendant was well known in Anckland. Witness did not recollect having any conversation with Morton on the day previous to the horse being taken away. ■ Mr Lewis told witness that lie had purchased the pony from Mr Morton.

George Mcßride depossd that on Monday, the sth August, accused came to him and said he believed that witness wanted te buy a horse. Witness said he aid, and described the kind of animal' wanted. Morton said be thought he knew one that would suit, and would have it in next day. Subsequently Morton called upon witness and showed him a horse tied up in front of Pilcher's, and said that the price would be £6 10s. Later on Morton" called and witness heard hiui say "Tell Mr Mcßride the horse is sold. I got £6 10s and another for it."

Walter Lswis was called, but the Bench stated that they did not require any further evidence, a* they considered that there was no case to go to a jury.

Mr Cooper said that he would like, in justice to Mr Morton, to state that he had in Court a Mr Taylor of Tamaki, who was present in Bucklacd's sale yard when jpilehei' told Morton to sell the horse for £5. He considered it was a monstrous thing that a respectable man should be torn from nis family at Betnuera and put in the cells on a trivial charge like the present one. It was a serious matter, and made one think whether the jubtice should not make enquiries in such cases before they issued warrants against well-known persons, whero a summons would be sufficient,

The Bench remarked that the informant had sworn to the information and there was no option for the justice but to issue the w arrant.

The case was dismissed and the police were directed to hand over the horso to Mr kewis,