WAIPAWA COURT OF PETTY SESSIONS.

Hawke's Bay Herald, Volume XXI, Issue 5342, 28 March 1879, Page 5

WAIPAWA COURT OF PETTY SESSIONS.

Thursday, March 27. (Before J. Lawrence, Esq., J. P., 11. B". Bridge, Esq J. P., and J. D. Canning-, Esq.. J. P.) WILFUL DAMAGE. R. M'Minn was charged by Mr Adair, of Porangahau, in that he did on Monday, March 24, unlawfully commit damage on some of his (complainant's) private property, consisting of brandy and other liquors. Prisoner pleaded that he was under the influence of drink and did not remember committing the offence, Mr Adair deposed : Prisoner came into my bar pn Monday last and had two

drinks, but said they were too small, and for some time would not pay for them. Afterwards he paid and wanted some more drink^ but was refused. He then took up an ink-pot and threw it at me ; he then took up two glasses and threw them, missing me, but striking and breaking some bottles on the shelf behind. The constable was then sent for and prisoner given into custody. The constable deposed that Mr Adair sent for him onj Monday last, and he found a number of bottles broken and ink upon the wall. He then attempted to take prisoner into custody, and received a severe kick from him. The prisoner was fined £2, or a month's imprisonment with hard labor, for^ the damage done, and one month's imprisonment with hard labor, without the option of a fine, for the assault on the constable. OOG-STBALING. Robert Campbell was charged by a Mr Peters with stealing from him a dog and chain on or about the llth October, 1878. Mr Lee appeared for the accused. Mr Peters deposed : I was driving bullocks in October last, and met the accused | carting down wool. Accused said to me, " Have you a dog for sale V I said, "No ; I will not sell him, but I will see you some day at Waipawa and see about a , doo;'. He went to my house the same day I [and took away the dog and chain. By Mr Lee : The accused and I met between Waipawa and Hampden. I did not say that I wanted to sell the dog. I did not talk about the price of the dog; did not ask a pound for it. He did not offer me 10s for it. I did not toss him as to whether he should give me 10s or 12s. Did not tell him to go to the house and take the dog. I judged he had taken the dog from the conversation we had on the hill. Saw the accused at Bennett's hotel on 10th December last. He then owned he had the dog. I did ask him for 12s for the dog. He did not tell me that he had a case in Court, and that as soon as that was over he would pay me. I did not ask him to pay anything for the dog. I did not want to sell it. I sent down a message by letter to Kaikora by Mr Patrick, authorising him to take the dog from accused. He did not ask for 30s for the dog. I received a letter on the 4th or sth of December last from Patrick, to the effect that he had seen my dog at Kaikora.

The dog was five months old, and was worth £5.

George Patrick at first refused to be sworn, but afterwards waived his objection and deposed : I saw the dog in Kaikora and knew it to belong to Peters, and having' received authority from Peters 1 took it from James Campbell, who afterwards came and took it back agaiu. James Campbell said he had bought the dog from his brother for £1. The witness was examined at some length by Mr Lee, and admitted that he had, under instructions from Peters, asked James Campbell or his wife for 35s for the dog. Mr Lee then addressed the Bench, pleading that there were clearly negotiations entered into on several occasions for the sale of the dog to the accused.

The accused then made the following statement :— When I met Peters driving bullocks, Peters asked me if I wanted to buy a dog. I said I did, but it must be a good one. Peters then said he had one that would just suit me. I finally agreed to toss him whether the price should be 10s or 12s, and I lost, so I had to pay 12s. James Campbell and his wife were called, and their evidence confirmed the accused's statement.

The Bench considered that the dog had not been taken with any felonious intent, and dismissed the case. «vwire««c»ini««tt3annatn«amill«lULll imiiwwi lan— ■— HB«HIII~I8»