ONEHUNGA.

New Zealand Herald, Volume IV, Issue 1166, 9 August 1867, Page 4

ONEHUNGA.

RESIDENT MAGISTRATE'S COURT. Wednesday. [Before J. J. Syxiondb, Esq., E.M.] IiKCENY. George Cavanagh was charged -with having on the sth of August, 1867, at Onehunga, stolen from tho person of Alexander Abercrombie, six pounds sterling. Prisoner pleaded guilty, and was sentenced to four months' imprisonment with hard labour. BREACH OB THE MERCHANT SHIPPING- ACT. "Walter Champion was charged by Ebenezer Gibbons, with a breach of the above Act, by refusing to deliver up the register of the schooner Fairy. There being no appearance of the prosecutor defendant was discharged. HOIlflE STEAHNG. William Watson was brought up charged wit 1 horse stealing at Hamilton. On the application o Constable Lloyd prisoner was remanded until the authorities at Hamilton were communicated with. ANOTHER CASE. David Dunlop was charged by Henry Brierly with having at Onehunga, on the 3rd day of August, 1867, stolen one mare of the value of £20. Mr. Hesketh appeared for prisoner. Henry Brierly being duly sworn, deposed: lam a pensioner, residing at Onehunga. On the morning of the 3rd August, 1867, when I got up I found the slip panels going into my yard down. X then went to the stable and found the door ope . It had not been locked. I looked in tho stable and missed the mare. She had been in the stable for two nights. I went to my son who was in bed and asked him if he had seoured her ; he told me he had. X then went to look for her about the settlement, but could not find her. I then went into Auckland and found tho mare at Mr. Dunnett's sale yard. She had been offered for sale at the time. I told Mr. Dunnett that the mare was my property. The value of the mare is £20. The mare now outside the court in charge of the police is my property ; I reared her from a foal. Cross-examined by Mr. Heßketh: lam ono of the firm of G-allaugher and Co. Thos. and William Dunlop brought an action against our firm in the District Oourt. The suit went ogainßt the Dunlopß. The coats of that case have not as yet been paid by the Dunlops. I believe our firm have issued an execution againßt the Dunlops for the costs. The prisoner has been living with Thomas Dunlop ; I do not know if he is living theie now. Thomas Brierly, being duly sworn, deposed: lam the son of lasj witness and reside with him. I know the mare now outside the court; she is the property of my father. I had charge of her on the night of the 2nd August., I put the mare in the stable and ! fastened her with a rope. I did not close all tbe door, only the lower part. Next morning my father came into my bed room and asked me if I had secured the mare. I said I had, he then told me Bhe was gone rope and all. Henry Smith, sworn, deposed : I am an ostler in the employment of Mr. Kinlock, Durham-street • Auckland. On Saturday, August 3rd, about a quarter to four o'clock a.m. the mare now outsid the Court wag brought to the Btable and given into my charge. The man who brought her was like t e prisoner in appearance and also in voice. I had a lantern. After I took charge of tho mare he told mo to take her over to Mr. Dunnet's yard itnd put her up for sale, as Mr. Dunnet knew all about it, and that the mare had been advertised. I was also to tell Mr. Dunnet that the mare w;s not to be sold for less than nine pounds. The man who brought her wrote his nama on the back of an envelope. I did not see what name it was as I am no scholar. In the morning before the sale I took the mare and the paper to Mr. Dunnet. When he looted at tho paper he s»id the mare was Bnerly's and that he knew all about it Cross-examined by Mr. Heeketh : I had heard nothing of the mare before she was brought to me. Mr. Brierly did not stop the sale, but the mare was" not sold as she did not roach the reserve price. I was in my bed when the mare was brought. I got up and * went down. I cannot swear that prisoner is th» man who brought the mare.

By tho Court: Tt was the first time that any horse ' was brought to me in that way . I cannot swear to prisoner. Bobert Lloyd, being duly sworn, deposed : I am a constable in the Auokland Armed Police stationed at Onohunga. On Saturday, the 3rd August, I heard that Mr. Brierly bad lost a mare. The next day I accompanied the last witness to the house of prisoner's brother. I then saw prisoner. Last witness then said the prisoner was not the man who brought the mare to Mr. Kinlock's stables. In about half an hour afterwards ho said the prisoner was the man; that ho know, and more particularly by his voice. I arrested him.

Mr. Hesketh was about to address the Court when his "Worship said that there was no necessity for goiag further into tho ease. There was a doubt in tho caso as to tho identity of the prisoner. He would therefore order him to be discharged. His Worship remarked on tho conduct of witness Smith, and cautioned him to bo very careful in future how he received horses into his without being able to account how they came into his posseaEion, and making himself -quite satisfied as to the identity of the person leaving them.

There was no civil business to be disposod of. Tho Court then rose.