RESIDENT MAGISTRATE'S COURT, This Day.

Nelson Evening Mail, Volume I, Issue 158, 6 September 1866, Page 2

RESIDENT MAGISTRATE'S COURT, This Day.

[Before J. Pointer, Esq., R.M.] STEALING HAY. John Percival, butcher, Waimea-road, was informed against by Thomas- Field, Tirewer, of Nelson, for stealing hay from his rick in a field in the Waimea-road. The accused pleaded not guilty. Mr. Kingdon appeared for him. Thomas Field, sworn: I have a hay stack, near Percival's house, in the Waimea-roal For two or three weeks I have missed hay, which has been pulled from one corner of the stack. I had previously cut hay, but not on the same side. The prisoner told me the cattle had got in and pulled the stack. This was a fortnight or three weeks ago. I made it my business to examine the stack, and saw it was not cattle but hands had pulled it. I went every day, or every other day, and found the hay continually going in the same manner. It was cleared up clean, and there was no trace of cattle except of one having been led round. On Monday I resolved to find the thief, and went up ebout 8 o'clock.at night, and lay secreted till 12. Before leaving, the stack I made a mark. I discovered no man while there. About 7 the next morning I found the mark had been pulled away, a large quantity torn out, and traces of a bundle having been thrown out. I.traced it; to a house near, by the droppings. The house was Blinco's, away from l'ercival's. I found it turned towards the round and found droppings all the way. I traced it to within a hundred and twenty yards of Percival's house. I went no further. Next evening I went up again to the stack, and remained all night. Just after day break I saw Percival coming towards the stack from the road. He made no stop but jumped over the fence. He saw me standing by the 1 stack. He came close to it. I said what do you here ? He said I'm looking for ray black horse. I said the black horse is not here it could not get over the fence, which is good all round. I asked him who pulled the corner away from the stack. He said he had not. I said I will have you up for trespass, you have no business here. I showed him where I traced the hay to his house. He begged nic to look over it, saying it would do neither of us any good to take it to court. He admitted pulling out a few handfulls, to catch his horse. I told him unless he would acknowledge taking the whole I would not forgive him. He afterwards offered to pay the damage done to the stack and for trespass. The Magistrate: You appear to have set about discovering him in a very odd way. You showed yourself. Witness : The prisoner came to the brewery, and asked me to settle it, saying, he would pay all damages. He admitted having fetched out his black horse. , (Jther witnesses were forthcoming, bub the Magistrate stopped the case, saying there was no evidence to commit the prisoner. As he had admitted the trespass, it was probably what he meant to pay for when offering a settlement. The case was not one for a jnry, at the same time there was strong prima facie evidence of guilt, and it was difficult to dismiss from the mind that the prisonpr had stolen the hay. He (the Magistrate) must, however, decide according to the evidence, which was not strong enough to commit. The prisoner must, therefore, be discharged, and had better take care for the' future, as no doubt a sharp look out would be kept; upon'hith.