CHARGE OF STEALING A SADDLE.

New Zealand Herald, Volume XXXVI, Issue 11202, 24 October 1899, Page 6

CHARGE OF STEALING A SADDLE.

THREE NATIVES COMMITTED FOR TRIAL. Os Friday, October 13, at the Aratapu Police Court, beforo Messrs. T. Webb and M. Harding, J.P.'s, Browna Pairama, Wm. Brown, Jos. Walsh, Torn Wilson, and Abraham, five natives, were charged with rescuing a horse from the custody of Franz Schick on its way to the pound, also with the theft of a saddle and bridle valued £5. Mr. N. A. McLood appeared for the prisoners, and the charges woro heard together. Mr. W. A. Marriner was interpreter. Franz Schick said that his father gave him a horse to take to the pound. The horse had been a great annoyance. He put a saddle and bridle 011, but was leading the horse. About half way to the pound the prisoners met him and Pairama claimed the horse. The prisoners Walsh and Wm. Brown pulled him to the ground, and took the saddle and bridle. He was frightened and hid in the fern, and the natives searched for him. He asked for I th« saddle and bridle but the prisoners demanded £2 to give it up. Witness was crossexamined at length as to whether he was riding the horse. He denied doing so, and said lie was going to lead the horse to the pound. He put the saddle on to sit on while he was having his dinner. Gustav Schick, father of last witness, deposed that he ordered his son to take the horse to' the pound. '.Be put the saddle and bridle on, but toftl his son to lead the horse. Did not know what tho saddle and bridle were put on for. Did not know the distance to tho pound, except that it was somewhere between fiver and 40 miles. Tho horse had never been ridden on his place. Witness was cross-examined at length. j Caesar Schick deposed to the horse being on his father's place; he had nevor ridden it after sheep. j At this stage Wilson and Abraham were discharged, there being no evidence against them. Counsel spoke at some length in defence, and. called Browna Pairama, who deposed that the horse was his. He met Franz .Schick riding it, and driving sheep. Ho told his son and Walsh to take the saddle, and intended taking it to the law, as his horse mid been ridden. No violence was used. Young Schick got off the horse himself when told to do so. Joseph Walsh deposed that Franz Schick was driving sheep with the horse. He took the saddlo and bridle at Pairama's request, ever drew off to strike Schick. Joe Hun, a Rarotongan, said the prisoners brought the horse to his place and gave it into his charge. They planted the saddlo and bridle. Schick afterwards came and asked for the horse, but he would not eiva it up. 6 Wi Kahi deposed he was in Schick's employ for a fortnight in September, and had to provide his own horeo to look after the of'o He had ten ridden this horse after Schick s sheep. Some of this witness' statements were extraordinary. Mr. McLeod urged that tho summary charge should be dismissed, as it was clear that the Solucks had used the horse for driving sheep, and there had been nothing in the way of a rescue. There '» ad been no felonious intent in the taking of the saddle and bridle It was done openly. There should therefore *>«» committal on the second charge. Mr. ..chick would have a civil remedy for the ' recovery of his saddle. I The bench dismissed the charge of rescuing, but thought a prima filcio case had been made out on the second charge. Pairama, Wm. Brown, and Walsh, were committed for trial. Bail was fixed at £50 each.