EXTRAORDINARY PROCEEDINGS.

Bush Advocate, 15 September 1888, Page 2

EXTRAORDINARY PROCEEDINGS.

The MahdwatU; Stdnddrd thusfre-u;: pori* C|a^§|ir^tlpQtakilPoliqe^ -Gourt /recently^ vfepfoVS M^rs %i M;t Carkeek and- A. Small, £&% :•- Benjamin :PeW^r^aie^t^was J chargeoypn the information stable CarK^it^^jj^viipgß^lof-a horse, saddle, bridle, land ■ a v?ag^and other arMcles belonging to one ROSB (deceased). Mr W. N. Warddefeujded. Constable Carr applied tp have the case withdrawn, as he had no evidence to offer.; ".-'■ •<-.**'; •??'-*;■ -■ •./.;■■* :.:■';■ Mr Ward : I object to the case being .withdriawri/.in/thi§ 'Way : but if Your' Worships decide to alloy; the withdrawal, I think the least the con-r stable can do is to give us. some, explanation of his extraordinary proceedings in. actually a man without a warrant oii-S charge i p*f this sort, and then coming here and coolly informing us that he has no evidence to offer. Under section 630 f the Justices of the Peace Act, the Bench' can give costs'incurred by defendant. , Constable Carr: I can make a statement., , '■■■■*- 1 V Mr Ward wished the constable's statement to be on path; : ; & t ! - ' The Bench: There ? |s no fleceasity for its being on oath ; we are 'satisfied with the constable's word. Constable Carr then said as follows : On the 2lst of this month I received information thatTa man named Boss had been drowned in the Otaki River, and I went to search 1 for the body. From information received I went On my return to accused'? house, and asked him if he had the horse, saddle, and bridle of the • deceased. said " Yes ; they are down at my place. I have been in the habit of keeping them'therVand when I heard he was drowned I took; the horse, saddle, bridle, etc., downhome myself . I asked him for them. He (accused) told me he was going to the post office and would see me ; presently. I waited till he came back. In the meantime I heard .that .accused also had deceased's swag. On his .return to his J shop I askea him for the swag "belonging . to Ross. Mci Baid,/yes,\ he had it, but demurred at giving it up. I said " Very well j,I charge you with larceny," and then r arrested him. As . soon as I had locked him up I went *tiown to his place and got the horse, etc. I also got the swag from accused's shop. I then saw. that there was no charge of larceny* and I 1 fold accused that if he liked to plead guilty of being drunk I would let him go*» Accused, was not drunk. By. Mr Ward : Before I arrested accused he was in communication with Ross's employers, and showed me telegrams (produced) received from them. The Bench : The constable is not on oath, and you can not cross-examine him. Mr Ward : I demand that ne be put on oath, as his statement is incorrect, and I have a right to cross-examine him on it. . The Bench : It is not necessary ; we are satisfied with the constable's word. Mr Ward : Amltoundejstandyour Worships to say that you approve of the conduct of the constable, and that he can arrest a person on no case whatever, and I am not to be allowed to ask a question or give, any explanation on my client's behalf 1 It is an injustice, The Bench : We will hear no more. Mr Ward : I t&ink both your Worship and the constable will hear a good deal more of this cas& The Bench : The case is over.