MAGISTRATE'S COURT.

Oamaru Mail, Volume I, Issue 324, 8 May 1877, Page 2

MAGISTRATE'S COURT.

THIS DAY. (Before T. W. Taukkk., Esq., 1t.J1.) ALLEGED LARCENY. Thomas Pratt, on remand, was charged with having, on the 3rd of April, stolen one thousand bags of oats, the property of James Hassell. Mr. Hislop appeared for the prosecutor, and Mr. o'Meagher for the accused, who pleaded not guilty. On the application of Mr. O'Meagher, the accused was allowed to take a seat alongside of his counsel, instead of remaining in the dock. Mr. Hislop, in opening the case, said that the information had been laid by Mr. Liddle, as one of the attorneys in the Colony for Mr. James Hassal. Having stated the circumstances of the case at some length, he called James Liddle, who deposed : I am the prosecutor in this case. I was at one time in partners iip in the busin <ss with the accused, under the title of Pratt and Co. We en tend into partnership about February or March, 1375. Our business was that of millers. There was no term agreed upon, neither was there any deed of partnership, and the only memorandum of the partnership was one written by me on the flv leaf of a cheque to the cfl'.ct of " J;iiiit:s"Liddle and Thomas Pratt, trading as millers under the style of Pratt and Co." There was an account opened at the bank, called the Mill Account, which was operated upon by my signing cheques as attorney for James Hassal. Tiie reason for our operating upon the account in this manner was that I had no confidence in Pratt as a financier or to sign cheques, which he would have been able to do had the account been in the name of Pratt and Co. We continued m partnership until the end of February, and I save Pratt notice of dissolution on the 22nd of February. I met him a few days afterwards, and he told me he w-.s not surprised, as he had been expecting it for some time. The object of the letter was for the purpose of terminating the a,>Tan»vment or partnership between Pratt and myself. I spoke to Pratt on the subject, and he expressed liimsdl as perfectly agre.-able. and said that the best thing to lie done was to wind up the matter. Previous to this, Pratt made arrangements with Mr. Hi>lmes for the purchase of some oats. I knew of the purchase, which was made on behalf of Pratt and Co., and consisted of about 500 bags. I did not know how they were to be paid for. After the purchase of the oa.s, Pratt and myself went through the mill, and took stock of everything belonging to Pratt and Co. Pratt called out the things and I wrote them down. We afterwards went into the office and copied out the jottings, and Pratt fixed the valuation. The list produced is the one made, and contains 500 or 600 bags of oats, but they are not the oats which had been purchased from Mr. Holmes, which had not been delivered. After the notice was given, Pratt brought in all the men, and I filled up their cheques and told them that Pratt had nothing more to do with the business. There were no special arrangements made in reference to uncompleted purchases, and I was under the impression that they were to be taken over by the new firm. There were a number of uncompleted purchases, and it was understood that they were all to be taken over by the now firm. There was one purchase of wheat from Mr. M'Naught which had not been completed. Pratt brought M'Naught to me. and I paid him by a° cheque from the new firm, which took the wheat. Some time after the dissolution of partnership Pratt came to me and said that Mr. Holmes had a parcel of old oats for sale. ■ He asked me if I was a buyer, and what I would be prepared to give. As it was a speculative purchase, 1 told him he had better arrange for a bill. There was nothing said as to who was to purchase the oats, but from the fact of his asking what I would give, I understood that he wished me to buy them, and that he was acting in a friendly manner towards Mr. Holmes and myself. I had a long talk with Pratt, and told him he had better make arrangements for the

storage of the oats in the old Wcslej! Chapel. The following mor.iing ft told me he had concluded arrangcm t | with Mr. Holmes for the purchase of t

oats, and was to give him a tb months' bill. This was during . time the first lot of oats lxni from Mr. Holmes were being deliver The new purchase was also delivered, j the two lots amounted to about I Pratt told me the oats had b alf delivered, and sa : d lie would not r up the key until the accounts of Pi and Co. had been settled. He set some claim, and asked that he might equal to during the time liel been in the firm. At one time he ask to be allowed LI a week waces ami | house, but the arrangement fell throuj and when Pratt found there was no pr, coming out of the business, Pratt asli to he allowed wages. I settled with J Holmes by bill for the whole of the 05

Tlie bill now produced is the one gii and is drawn by Mr. M. Holmes and cepted by Mv." James 1 Tassel 1, by at neys. The bill is 1-700 7s. Od. I sei man to the chapel with some wheat, ab a fortnight before this occurrence. Fi information I received on the 22ud Ai I went to the chapel find locked a man to watch the oats, and had a consta stationed outside. About half-past the following morning T again went up the chapel, and I told the constable might g" away, as I did not think it cessary for him to watch any longer, was not owing to any information rocw from Pratt that I acted as 1 did ; he 1 never laid any claim to the oats. On I 23rd April Mr. Has'sal and myself went the chapel about eleven o'clock. \ found the door broken open and tvvg the windows also broken. We sawlarge number of drays, expresses, « drunken men there. They were tab the oats away to Aitkcu's store. 1 c not see Pratt, there, as I did not go insi the chapel, but sent Mr. Hissall in. have since bo.mi about 10,000 or 12.0 bags of the oats at Aitken's store. Ith laid tliis information a;niust Pratt. Cross-examined by Mr. O'Meigaer: have no interest in the oats in questit: except as Hassell attorney. The first lot oats were purchased in the name of Prm but the second lot were not—at anyi's so far as my consent is concerned. Ir; never made out a stock list, and gave me. There were several approxniui balance-sheets made in connection \vi the partnership between Pratt and m self. There lias been no settlement the matter yet. It was at, my suggestii that a clerk was obtained to settle ti accounts of the firm. Pratt was, of coiirs anxious that, ili-j mutter should be s-ttliM but I told 1 iai that it was impossible d > so until the outstanding accounts h I een collected. T.ie oat< which were i the mill bad been paid for thy the tirin i Pratt and Co. by cheques, and tie accon ance on the bill in favour of Mr. Holnn was signed in the same manner as tlioi cheques. Mr. Pratt so cordially agm to the dissolution that T thought I had right to act as I liked. Id d notadverlis thc> dissolution of the partnership out t consideration for Trait's feelings. Idi not, interfered in the iiiauageuieiit of th mill, because Pratt always ran counter t my opinions. I have not collected th moneys owing to Pratt and Co., but I. ai: paving the- debts owing by the firm, did not go into tie chapel when the oat were being taken away, because I fearei violence from the lot of drunken men led by another drunken man. I dii not ask Pratt what he was carryinj the oats away for, and did not inter fere myself, 'but went away and go! the police to interfere, and had Prati arrested. None of the oats were taker away during tie- night, and it was div light wli.'ii they were taken away. M) chief object in layin,' the information was to regain possession of the oats. I <b not know anytiiinc about an injnnetioi which might'hi broil,'!) t. by one partn.i against .-ninth v par:.n?r to r.Mfcnin liiui from dealing witii property belonging t< the linn. I had no enniilene.! in Pratt at a financier, but did not funk him (lis honest, and do not think him dis' ones now. 1 have no desire to east any mtlec tions upon Mr. Pratt. Pratt said In would not give up the Ivy of the Chapel until he had bi-am settb d with. Then was no grain taken out. of the Chap 1 In, me or by mv orders. I did not authorise any man about the mill to remove 1Q( bags of oats out of the Chapel. After ] sent the man to the Cha, el to stack up tin o-its I had a pidlock put upon the door. I sent Mr. Hassell into tnu Chapel to tall* to Pratt, and advi.;e him for his own good to desist from taking away any more grain. Ido not remember any conversation between Mr. Allen, of the Bank ol New Zealand, Mr. Pratt, and myself, ii; reference to the oats obtained from Mr, Holmes, and have never been in Mr, Allen's company with P.att since a row which took place some time ago. Pratl has been anxious to get Pratt and Co.'e account settled. The books cannot be balanced until a large sum of money if collected. Pratt and myself are at loggerheads, but I do not know what it is for. To Mr. Hislop : The goods included in the list were taken over by the new company, and credit given to Pratt and Co. [The case was still proceeding when wo went to press. ]