RESIDENT MAGISTRATE'S COURT.

Manawatu Herald, Volume i, Issue 52, 25 February 1879, Page 2

RESIDENT MAGISTRATE'S COURT.

FOXTON. Saturday, February 22. (Before R. Ward, Esq., R.M.) HORSE STEALING. Arthur Bellwooi, was charged upon the information of William Laugley, dated February 19, 1879, with having stolon an iron grey maro branded W L, valued at £20, the property of the informant. ! iVilliam. Langley, a storekeeper, residing at Otaki, deposed — I know the accuned ; he came to tny place on Thursday, February j 13 ; hs told mo he came on there to meet a Mr Moon, second in command of the Government steamer Stella ; he waited there until Saturday last ; Mr Moon did not arrive, and he said he thought it best to go on to Foxton, having received a letter from Sir Moon dated from that place ; I offered and lent him my horse, and told him to leave her at either Why to 1 s or Howe's Hotel ; it was an iron grey maro, branded W L on near side ; I identify the animal outside as the one I lent him ; I lent the saddle and bridle with the mare; I did not authoriso prisoner to take the horse be- ! yond Manawatu ; on arrival at Foxton I found the mure had not been left as desired ; I inquired for Bellwooil, but could not find him ; I informed the police, and laid an information. By the Bench— l did not authorise prisoner to sell, or offor for sale the m ire. By prisoner — You asked me for the loan of the mare in the first place ; I lout you the mare to go to Foxtoa; no arrangement j was made by mo to meet you at Wanganui. Charles Howe, manager of tho Foxton Family Hotel, residing at Foxton, deposed—l know prisoner ; he called at my place on Saturday afternoon, Feb. 15 ; he brr.ught me a horsa and a*ked mo to put it in the paddock ; ho did not deliver it to me as the property of Mr Langley ; I heard him. say, afteiwwds that he purchased the horse from George Bull, of Otaki, for £10 ; he took the ware away on Monday after-

noon j ho told me ho was going on the Napier road,; He fteitlod \ns hotel bill : I ctui'l rc'meniuerthe riahieeof tlie people who were about when he said he purchased the horse ; there is no doubt in my mind that he said so. ' '

His Worship (to prisoner)— D.> you wish to risk witness ariy Questions? Prißorior-*-No, ydur' Worship, its aboiit correct what he states.

. Francis MoAnultr.a constable stationed al Bulls; deposed ~ I know" prisoner ; I Ba\T him first on Thursday last, at Bulls i t received information which caused nte to make enquiries for prisoner i X found the mire about 10 a.m. on that day, and found accused abrtut 1 p.ni.,at the driteridn Hotel Bulls ; I arrested him, arid charged him with stealing a mare 1 from Mr Langley, of Otaki. I asked him his name ; he called himself Arthur Bellwood; after I charged him with the offenc?, he said; " Langley lent me the horse to go to Napier ; he was to meet me tHere. 1 '

By the dourfc— I am sure he said Efapier { when arresting him, £ did not caution him ; I was in plain clothes; he also said the old beople (meaning, I believe, Langley's father and mother) concurred in the lending of the horse ; wo walked to the stables j and he pointed odt td nic the horaa outside the dourfc jho said that wad the One Langley lent him. I took him to the lock-up ; he was brought before the Court, and remanded to Foxfcon.

Ity Constable Pm'cell— P>ulb is not on the road to Napier. liy pYisdner— jt is cjuite possible wheil lie mentioned the old people, he explained it was Langley'a father and mother-in-law.

John Ronicles, a laborer) residing at Foxton, deposed — [ saw prisoner on Saturday liistj at Mr Howe's } I took over the horse frdni prisoner, to feed it ; he said the horse had a long way to go ; 1 did not li6ar him say auything about where he got the horse, t'harles Hewc, recalled, deposed — Pris» oner paid for his horse«feed when he settled his account. John Ronicles, recalled™ On the Monday ho told me, when instructing rao to saddle I the horse, that he had bought it at Otaki, an 1 that it was a valuable beast. 1 This concluded Ihe case for the prosecution. Prisoner was asked if he had any witj nesses to call. ' Ho replied that he wished to call thefather and mother-in-law of Mr Langley, adding, "They're rather singular witnesses for ms," your Worship, Prisoner having been duly cautioned, | made iho following statement : — Last | Wednesday weak, I arrival nt Lang- | ley's fro:n Wellington j I walked ; my busiI ness at Otaki was to meet a Mr Moon ; I I stayed at Langley's that night j o» the following morning Lmgley was apprehended on a warrant, and ho asked mo to keep an j eye over the house till he returned, which J promised to do ; about tea o'clock lie hal found bondsmen, an! returned to tlie house ; I remained thero until Saturday 5 <iti Fri- ■ day I wrote several business letter for him, ! relative to the dispoial of hi* property; on I ! Saturday morning, not having seen Mr J Moon, I thought it would bo better to go to Foxton ; I told Lan^ley so ; he said I could have one of his horses, and that he should go on further, and should make for Napier ; he asked me to go with him; I consented; he then put up several artioles, &ncl emptied my bag and put the whole (my tilings and his), in canvas ; after Mr Knocks had gone out on Saturday mowing, Lang- , ley said to me, "Now, it's time you're off; now's jour chance " ; he advised me to stay at Howe's, and have the mare ready, at 8 o'clock on Sunday owning, so that the moment ho passed, I cou!d mount and follow him; I went twice down to the ferry, but could get no information of him, so I returned and slept nt the house of his father-in-law. I enquired again on Monday morning if anything had been seen of him, but could gfit no news ; I returned to his father-in-laws's, and wished to loave the mire and property with them ; they told me I had better take it. on as I nould not walk to Napii-r, und thpywonld take the responsibility, a3 there was no fear ; 1 said I might be accused of stealing the horso if I did so ; they said " Nonsense ;it is all right " ; I accordingly went to Palmerston, and on to Awahnri, where I stayed all night and until noon of noxt day, expecting to hear from Langley ; it was arranged between us that if hu didn't see me hers, I was to go on to Wanganui, as he knew a short cat thonco to Napier; I was milking my xr&y there when I wis arrested. Charles Howe, recalled by lm Worship for the defonco, deposed — Prisoner did not sleep at my house at all ; he occupied a room but did not sleep thero. Samuel Dnrant, examined by prisoner, deposed — You sleos at my house on Saturday and Sunday night ; you told mo your business was to meet Mr Lungiey at Howe's about 8.30 on Sunday evoniug, and that Lngloy had employed you to go with him ; and that if Laugley did not come, you were to proceed. By the Court — He asked my advice, and I refusod to give him any ; I told him to act up to Langley's directions ; on Monday morning beseemed very much hurt, and the tears were running down his cheeks ; I novor saw the horse ; he said the horse was at Howe's, and that ho was running Mr Langloy into debt; I have not seen him since be left my house ; I rcceivod him into my house on his word that Mr Langley had sent him ; ho knew 1 was Mr Langley's father-in-law ; he said ho wa9 going to stay at Palmerston ; I understood he was going to Napier ; Langley often sends people to stay at tny house ; I cannot say whether I believed him or not. His Worship (to accused) — I have listened very patiently to the evide.joa bith for and against you, and I conclude no evidenco has been given to show you claimed the horse, or intended to steal it The only evidence given that you did so claim it, was by Mr Howe, and had it been confirmed, the case would have assumed a more serious aspect. T place little relianco on tho state-, mont of Bonicles, considering the circumstances under which he gave it. I have watchod tho case carefully, and believe from my heart you are not guilty. You are dismissed. Prisoner — Thank you, your Worship. STEAUNG REVOLVERS.. The same prisoner was then oharged upon the information of Constable I'ureell, with having stolen two revolvers, tho property of Win. Langley. Constable Purcell deposed— On Tuesday last, during a conversation I had with Langley regarding the horse-stealing case, I said I knew where there were two revolvers tbat prisoner had disposed of; Langley ea>d " O!i, those will be my revolver*, as he wanted to got two from me !" I showed tho revolvers to Langley ; lie described them accurately ; I produce them ; they ure loaded ; one is an old military revolver; the Lady Bowen Light Horse, of which Langley was a member, had arms similar to one of them ; he said ho would not part with them, as oue of them had boen used by a Captain in shooting a man, and had been presented to him : he said Bellwood was anxious to get thorn ; I found the pistols at Howe's Hotel ; Howe handed them over to me.

Win. Langley deposed— -I sent Constable Purcell a telegram yesterday to withdraw the charge, as I found Bellwood did not steal

the revolvers, as I anticipated; they were put into his swag by my little son Gteorgej.the prisoner said to my son that he was going a lon,' tfay through New Zealand, and that they might be usoful ; my son therefore put the revolvers in his swag as a present. By Constable Purcell— Constable Cootes tdld me yesterday .dellwood was arreated ; after that I sent tho telegram to you, desiring to withdraw the charge. By the Court— l risoner may bave thought tho revolvers wore his own 5 I consider them his i I disown thorn.

Constable Purcell said the police had been " gulled " on this occasion, and he asked the Court to charge the expenses against Langley; He thought the police had been wilfully misled.

Mr Langlay said he quite agreed with Constable Purcell, that he should bear the expense. All he asked them was to make it as light as possible. His Worship said he had no power to make an order, but certainly thought ihe Government should. not be put to expense over such a case.

Prisoner was discharged, his Worship remarking that ho did not think there was anything reflecting on his privato character. The police said it would cost £2 12«. Lurigley said he would pay it within a week or fortnight. His Worship said he considered the dis* missal of the ciiarge was no reflection upon the police, who hud done the-.r duty in every respect.