Resident Magistrate's Court.

Marlborough Express, Volume III, Issue 115, 2 May 1868, Page 5

Resident Magistrate's Court.

P LEK HElM— Monday, April 27, 1868. [Before R. L. Muller, Esq-., R.M.] ALLEGED HORSESTEALING. Henry Oopart was brought up on remand charged with stealing a horse,- the property of His Honor, Mr. Eyes, in 1864. Senior-sergeant Emerson conducted the prosecution, and Mr. Kelson appeared lor the prisoner. Thomas Webster, butcher, Picton, deposed that he knew the prisoner, and on August 4, 1864, he purchased a mare from him in Marks’s store, for £ls. She was branded X Z on near shoulder, and is here now in my possession. She was claimed by Mr. Eyes, who sued me in this Court and obtained judgment against me for £3l and costs.

By Mr, Kelson. —Knew prisoner 12 months previous to the sale, during which time he was working for Freeland and others. Heard nothing against his character. He was absent some few months, and returned with the horse. The first time I saw him after his absence he came and wished me to buy the horse ; don’t knowWhen he returned; he brought it first to my own place; he asked £25 for it, but I thought it too much as horses went then, and considered £ls a fair price. He said he was going to Wellington to fetch his Wife, and open an eating house in Blenheim. Said, he would give me £2O for it on his return. He never came back to my knowledge. I believe he . was, staying at Saunders at the latter, end of the year. Many people were coming and going to the He told he had made some money at the diggings and had bought the >horse. . He told me, he did not want money, and offered to take a three months’ bill. -'Hid not say from whom he had purchased ifc. Cuthbertson was present and drew up the receipt. I defended the action brought by Mr. Eyes against me. Saw Boone riding her about. Prisoner offered her to Mr. Tudor and several others, making no seci et of its possession. Wm. H. Eyes,- Superintendent of Marlborough, deposed that, he had heard the. last witness describe the mare in question, which answered to the description of the one stolen from him. Hid not remember the date-on which he first missed her.- He

neither sold her to anyone, or authorized anyone to sell her. First time he saw her afterward she was running at large in Picton ; this was some time in 1864, when he was going through to Nelson. Some time after saw her again and traced her to the possession of last witness. She was near the Government building, and came and put her head in at the door as if wanting to be fed. Went in and claimed her, but Webster refused to give her up. Consequently an action was brought to recover her value, as he believed that Webster had come by her honestly. The description given was correct, but should describe her more as a brown than a bay, and should know her again. By Mr. Nelson.—The mare was out on the run ; had missed her and sought for her some time before I saw her in Picton. Did not advertise for her. I believe it was prior to May 1865. Was in the coach and knew her in the distance. Went through immediately after in search. She was feeding loose in Picton. Think it was in April or May. Had not missed her long previously. It was not probable that she would stray there. Mr. Empson was with me, and I remarked to him “ that was my mare, Consolation.” He identified her also. Webster showed me his receipt, but refused to give her up. Do not recognise the prisoner. May have seen him before, but have no knowledge of him. A very short time elapsed before I again went to Picton, having in the meantime sold her to Mr. Stanley, but upon seeing her, found she had saddle marks upon her and was lame, so remarked that she would not suit him. Not more than a week elapsed before I returned. Told the police to look after, and see who was riding her.

John Emerson, senior-sergeant of police, Blenheim, deposed that on the 14th inst. prisoner came to his house, and after making a few inquiries about his relatives, considered he was the man for whom I held a warrant. Told him the nature of the charge. He at once said—“ Yes, I purchased the horse from a digger at Picton and sold her to "Webster.” I had no time to caution him before he made this statement. He said no more, and I arrested him at once and took him to the lock-up. By Mr. Nelson.—l cautioned him after. He did not give the name of the digger then or since. Never saw him previous to arresting him to my knowledge. He said he had a receipt. He came to see me on other business.

Mr. Kelson said on the prisoner’s behalf that the defence was that he bought the horse from one Richard Johnstone, who was known in Blenheim at the time. That he bought it in Picton, and got a receipt for it, which with other things he left with Jeffreys, of Manukau Island, but as he had had a sale since, he supposed the sheriff’s officers were not over particular as they had not got it. He had sent for it. Sanders, the band-master, was present at the sale, as well as Thomas Johnston, brother of the vendor, also one George Aldridge or Orridge. The two Johnsons and Orridge were seen by the prisoner three months ago, working at the Big Paddock, Hokitika. Was at the Puller two months before Christmas, where he saw Cuthbertson, who told him a warrant was out for his apprehension for stealing the horse, to whom he replied that he had his receipt for it and did not mind. John Ewart, hotelkeeper, Blenheim, deposed that he had known prisoner 4 or 5 years, and knew nothing against his character. He was a lodger of his formerly, and never saw anything contrary in him. He did not know Johnston. Robinson left his house on July 21, 1864, without any horse, in company with a blacksmith, and carrying a small bundle in his hand. The smith had been working for Taylor some months previously, and was on his way to Otago ; he bore an excellent character when here. Think they took coach, but am not sure.

By the Court.—Prisoner had. some little money, but not much. I was under the impression that he was going to Wellington. He paid me by an order wvWall, for whom he worked a long time, helping to build a bridge. When the smith left, he went to join some one in partnership at West Taieri.

Thomas Webster, recalled, said. —He had mislaid a receipt given by prisoner; it was dated August 8, 1864. Remembered when Mr. Eyes first spoke to him about May or June,, 1866. The prisoner had the horse in his ppssession a few days previously to my trying it. Sergeant Emerson called the attention of the Bench to the circumstance that the date of the warrant was the same as the date of the prisoner’s leaving Mr. Ewart’s. The Bench considered it a duty to commit the prisoner for trial'at the next sittings of the Supreme Court, Nelson, in July next. Bail would be taken for his appearance in two sureties at £SO each/ in 1 consequence of Mr.'Ewart’s'evidence-, 1 . . ' ' ' iU

Mr. Nelson informed the Bench that his client had not the necessary means to defend himself further ; and hoped the Court would assist him, as his witnesses resided at the "West Coast.

The Bench stated that the onus probandi lay with the prisoner. If he was short of means, it would be necessary to plead in forma pauperis at the time of trial. CIVIL CASE. L. K. HORNE V. CLARK. A claim on account of medical aid in attendance. Defendant acknowledged the debt, but pleaded inability to pay it at present. Judgment for plaintiff with costs. If not paid in one month from this day, execution to issue.