RESIDENT MAGISTRATE'S COURT. WELLINGTON.

Hawke's Bay Herald, Volume 12, Issue 969, 15 August 1868, Page 3

RESIDENT MAGISTRATE'S COURT. WELLINGTON.

Tl JJIJJJIHU .IV/11. Thursday, August 6. (Before J. C. Crawford Esq., R.M.) , ELOPEMENT AND LARCENY. H. B. Brown, alias O'Brien, appeared on remand to answer the charge of stealing certain goods the property of James Studeley, from a dwelling at "Wairarapa. The case had been adjourned for the production of evidence for the defence. Mr. Travers had prosecuted on a previous day, but was now absent. Mr. Allan, who appeared for the defence, said that he wished to offer a few remarks. All that the evidence disclosed was . that the woman's husband was naturally incensed that she should choose to run away with the prisoner ; a box of bedding, &c, had been found on board the steamer Lord Ashley, and the prisoner and the woman were on board; but Mrs. Studely had dominion over the property, and insisted on seeing the box opened, and there was no evidence to show that the accused even knew the contents of the box. The prosecutor had not fully identified the articles ; indeed, he could not, as there were no distinctive marks upon them. He could not say when they were bonght, but admitted that she bought them with her own money. There was no evidence of his client's having taken the box away from Revans's. If the wife gave the prisoner the goods, which were bought with her own money, and told him to convey them for her to a certain place, then there was no case of larceny, and the pi-isoner should be discharged ; but if the Bench was of opinion that a prima facie case had been made out by the prosecution, he (Mr Allan) should reserve his defence for a higher tribunal. The presiding Magistrate felt that he should be bound to commit the prisoner ior trial, although it was evident the case was peculiar ; the wife of the prosecutor appeared the better of the two, so to speak, and had a separate purse, the result of her own labor. Legally, however, all that she had was de facto the property of her husband. Moreover, the prisoner had put a false name on the box, had stoi'ed it, and exercised other acts of ownership. Mr. Allen : After what has fallen from your Worship, I will reserve the evidence for the defence ; but will adduce it at the proper time. Mr. Revans and other witnesses are here. The Presiding Magistrate : The case is, in my opinion, one that must go to a jury. The prisoner was then fully committed to take his trial at the next sittings of the Supreme Court. Bail would be accepted, viz., the prisoner in £50, and two sureties in £50 each. j