MAGISTRATE'S COURT.

Oamaru Mail, Volume I, Issue 152, 16 October 1876, Page 2

MAGISTRATE'S COURT.

THIS DAY. [Before T. W. Parker, Esq., E.M.] DRUNK AND DISORDERLY.

Michael Shenahan pleaded guilty to being drunk in Thames-street on Saturday night, and was discharged with a caution.

STEALING A CARPENTER'S TOOLS.

Robert Gibson was charged with stealing a kit of carpenter's took, the property of John Cogvin. Prisoner pleaded " Not Guilty," and was defended by Mr. O'Meagher. Sub-Inspector M'Cluskey stated the case for the prosecution, and called Richard Humble Moody, who deposed : I am a hairdresser, residing in Oamaru. I know the accused, Gibson. I bought a quantity of carpenter's tools from him, but cannot tell the number. They were in a bass. I can. swear to all the tools produced, except the chisels, as being the same that were bought by me from the accused. I saw prisoner in the presence of John Cogvin about a week after the sale, when I sold the tools to Mr. Cogvin, They first made a request that I should let Gibson have them without the money. I would not comply with the proposition, and I then sold the tools to Mr. Cogvin, and received the money. The sum paid was £2. The receipt produced is the one I gave Mr. Cogvin. Both left the place together, Gibson carrying the tools. Cross-examined by Mr. O'Meagher : I bought the tools from prisoner for_£2, but I only gave him £1 15s. The other five shillings was kept for a debt which he owed me. If prisoner states that the goods were given to me in pawn, he would not be telling the truth. To the Bench : The reason I bought the tools was that he should not loose them. He was to get them returned whenever he paid me what I gave liim. John Cogvin, deposed : lam a boardinghouse keeper, residing at Oamaru. I know the accused. He is a carpenter. I recollect having a conversation with him on the 22nd of last month. Prisoner told me that lie could get some timber, and asked to be allowed to work on my premises. I gave him liberty to do so. He then informed me that he was as badly off as ever, for he had sold his tools to Mr. Moody while he had been on the spree, and could not get them. He asked me to go with him to Mr. Moody and pass my word for the payment, until he would earn the money. I did so.- I asked Mr. Moody to let him have the tools, but he would not unless he received the money for them. I then told him to write out a receipt, and I would buy them from him. The receipt produced for £2 is the one I got from Mr. Moody. I bought them in my own name, and for myself. I told the prisoner to take the tools home to my place, and start work. I did not go with him. I wa3 waiiiag for the receipt. When I got home, the prisoner had started work in a shed at the back. He remained there at work for better than a fortnight. "When he knocked off work on the 9th inst., the tools were in the shed. Finding that he was not at work during the day, I went into the shed, and missed the tools. I never authorised him to take them away. It was understood when I bought the tools that I was to return them to him when he could pay me the £2. They were not to be taken from my premises without my authority. I never saw accused till I saw him in the dock, but I saw the tools in the police station. I recognise the tools in Court as those which I bought. I believe the tools were worth more than £2, but I did not Avant anything more from prisoner than what I paid for them. i

Sub-inspector M'Cluskey then put in the deposition of the arresting constable at Timaru, but Mr. o'Meagher objected, as it was not admissible as evidence. He, however, withdrew his objection on perusing the documents.

Cross-examined by Mr. O'Meagher : I neither told prisoner that he should not remove the tools, nor did I give him liberty to do so. He may have been working with the tools at Keenan's place, but I was, nor am not, aware of the fact. It was understood that he should have the use of the tools in the meantime, ard when he could refund the money to me they became his property. I first .missed the too 7 s on the afternoon of the 9th October. There was no tima slated as to when tie money should ba paid ; but he told 'me 1 need not let anything be taken off the premises until I got paid. That referred to board, and there was no special men-

tion made with regard to the - tools. He owes me £2 2s. for board and lodging. Moody made ho mention of charging in. terest.

This concluded the case for the prosecution.

For the defence, Mr. O'Meaglier submitted that it was for larceny as a bailee that prisoner' should be convicted, if at all. Counsel also drew attention to the fact that Cogvin had never told the prisoner he was not to remove the took, and while it was distinctly understood between them that Gibson was to have the use of the tools until such time as he paid the money advanced, no time had ever been mentioned as to when that repayment should take place. Under those circumstances, he asked the Bench to dismiss the charge, in the absence of all felonious intent, as Gibson was in the position of a bailee, and as the bailment had been broken, the charge should, therefore, fall to the ground. The Magistrate was of opiniori that the evidence did not bear out the supposition that prisoner was a bailee. The Bench looked upon both Moody and Cogvin somewhat in the light of pawnees, and was about to make some remarks, when Mr. O'Meagher pointed out that if that view were taken, it was a contravention cf the second section of the Pawnbrokers Act, and consequently Cogvin was in illegal possession of the tools. His Worship intimated that he would adjourn the case until to-morrow morning, ,to consider the points urged on prisoner's behalf.

INSULTING BEHAVIOUR,

There were two charges preferred against Thomas Conlah, of using indecent and insulting language, but the case had not concluded when our reporter left.