MANAIA R.M. COURT.

Hawera & Normanby Star, Volume IX, Issue 1666, 4 July 1887, Page 2

MANAIA R.M. COURT.

i ♦ Thursday, June 30. (Before C. A. Wray, Esq., E.M.) ALLEGED COMPOUNDING OF A FELONY. Thomas Sutherland was charged, on the information of the police, with having compounded a felony in hating accepted a sum of £1 in consideration of his not prosecuting for theft William Thos. Oonnell. The following evidence was taken :—: — M. Franklin 6aid — I- am a constable stationed at Manaia. On night of 16th June the accused, Thos. Sutherland, r«-> ported to me that his bridle bad been , stolen out of the Waimate hotel stables, and that Win. Conuell was suspected ofthe theft, as he had a horse in same stable' and in the next 6 tall to his. He stated that Connell had cleared out before be discovered that bis bridle had been stolen. '> I arranged with the accused (Sutherland) . that he should go to Hawera on the fol-. lowing morning to look tor Connell, and ,. point him out to the Hawera police, with the view of finding the bridle. On following night saw the accused outside the drill hall at Manaia ; he eai'l he had found the bridle at O'Reilly's hotel, Hawera ; he saw the bridle in the hotel, and waited until Connell, who was in the house, got up out of bed, and when Connell came down stairs, be (Connell) took the bridle and went out to the paddock to catch his horse. When Connell returned with the horse, accused said to him. " That is my bridle," or " like my bridle." Counell snid " No, I have Imd that<bridle for the" '' last six months." TLeu told Connell he would inform the police; and Gonnell then admitted that he had stolen the bridle, as his own bridle was an old one. He said Connell begged for mercy, and v offered him £5 not to take further proceedings in the matter ; accused said he did not accept the £5. I asked him why he did not inform the Hawera police, and he said he should have done bo had he met Connell immediately after his arrival at Hawera, but that he subsequently bad a few whiskies, and became more genial, which caused him to let him off. tasked accused to lay a charge against Connell ; he said it was no use, as the man had gone to Napier; he has laid no charge since at Manaia ; I am clerk of court, and would know if he had done so ; I laid information, and had warrant issued on following morning against Connell, on which he was arrested same night at Wangauui. Sergeant Anderson said that when the matter was reported to him by Constable Franklin be made enquiries. On enquiring found that Connell had left for Wanganui where he was subsequently __ arrested and so far as I know accused* has taken no steps to proßecute Connell for larceny, as if be had I should know it. Patrick Walsh deposed — Am assistant warder in Wanganui gaol ; received Connell into Wanganui gaol on sentence for stealing a bridle ; he was released on Saturday last. William Thomas Connell deposed — I was arrestod at Wanganui on 18th inst. on a charge of stealing a bridle and pleaded guilty ; saw the accused in Hawera on the 17th inst. and also saw Mr. Sutherland about 7.30 a.m. when the bridle was on my horse; be asked me where 1 got the bridle; said it was my own ; he showed Mr. O'Reilly mark on one of the strap* and said it was his bridle; he said he would see Constable Franklin about it; be also took £1 I offered him to let the matter drop and say no more about it ; he also took the bridle; Mr. O'Reilly was present; then went to Wanganui. To the Bench — Acknowledged ultimately to accused that I took the bridle. James O' eilly deposed — Am licensee of the Shamrock Hotel, Hawera ; remember Connell coming to my house on horseback on 16th instant; be left bis bridle in the bar and his horse in the ■ paddock and went to bed ; saw the accused ou 18th about 4.30 or 5 a.m. when I went into the back yard ; asked him what brought him there so early; he asked if a man had come there with a horse to which I replied "yes"; gave him a description of the man at his request ; showed him the saddle ; he told me that the bridle waa double-reined with a silver bit; opeued the bar and as he went in he said "that's my bridle"; he then waited until Connell got up; Connell took the bridle out of the bar when I was not looking ; accused, on seeing Connell, told him that he had stolen the bridle; then Connell admitted having stolen the bridle, and, taking a pound out of his pocket, asked him to accept the pound, and let the mutter drop ', accused said that he would take the pound, and let him off, or let him go, or something to that effect ; did not hear him say he would tell the police, nor did he previously say to me that he would get some money out of Connell ; accused also said, after he had left, that Conoell owed Milroy for a tea, and he would try and .get that oat oi him. To the accused — Do not remember saying that you did not intend to prosecute ; remember you saying to accused that you did not care about prosecuting him ; that was before you got the pound. The Bench considered that there bad been a pritnA facie case made out, and that the accused should be committed for trial. The accueed bad no right to take the money. It is an offence against ths public, who have a right to expect that whenever a telon is detected he shall be punished. His actiou might have tended to defeat the ends of justice. The accused said he wished to state the whole of the facts, and was proceeding to say that he took the pound simply to cover the expenses he had been put to in endeavoring to find his bridle, and in no way as payment for letting prisoner off, when the Magistrate interrupted by reminding hint that if he wished to state anything it must be on oath, but that there was very little use in his making a statement to this court. Unless he could bring witnesses to upset entirely what had been given in evidence against him, he must be committed. The accused said that if it was no use making his statement, he would reserve it for the higher court. Bail was allowed, accused in £100 and two sureties in .£SO each. Messrs. A. Sutherland and J. Milroy entered into recognisances.