MAGISTRATE'S COURT.

Oamaru Mail, Volume II, Issue 381, 13 July 1877, Page 2

MAGISTRATE'S COURT.

THIS DAY. (Before T. W. Paukkr, Esq., R.M.) ALLEGED FOWL STEALING. Catherine Ramsay was charged, on the information of Jane M'Laren, with having, on the 2nd July, stolen two fowls, of the value of 30s.

Sub-Inspector Smith prosecuted, and Mr. O'Meagher appeared for the accused, who pleaded Not guilty. Hugh M'Laren gave evidence as to the fowls produced belonging to his son and daughter. They were of a rare kind -- Brahmapootras. Cross-examined by Mr. O'Meagher : I placed a great value upon the fowls. 1 would not take LIOOO, nor LIO,OOO ; in fact, L 1,000,000 would not induce me to part with them. I took it into my head not to sell them, and money would not purchase them. I'll swear the fowls in Court are mine. (The witness was then further cross-examined by Mr. O'Meagher, who experienced great dilliculty in getting replies, the Magistrate being called upon several times to compel the witness to answer.) Witness acknowledged that Mrs. Ramsay had given his wife six shillings for three young fowls, and had also made him a present of a bottle of whisky or brandy. His wife did not toll him that Mrs/Ramsay had lent, her live shillings. He was quite positive that his wife had not told him that Mrs. Ramsay had paid twelve shillings on the 2nd of

July. .lane M'Larcn, wife of the last witness, gave evidence as to the fowls disappearing. She identilied the fowls produced, and stated that she had not sold them to Mrs. Ramsay, nor had she given them tu her.

The witness was then cross-examined at length, the lvpjjus obtained being scarcely more satisfactory than those obtained from the previous witness. S.'ic said that she missed the fowls the evening Mrs. llamsay went away, but had not told her husband of the matter until tho following day. James M'Larcn, son of the two previous witnesses, identilied the fowls as his father's property. Tho last time lie saw them was in Mrs. Raillery's box at Boylan's. In reply to Mr. O'Meagher, witness said that his father and mother often quarrelled about money matters. He was present when the express drove away with the box on it containing the fowls, He could identify the rooster by the fact of his having some feathers missing at the back of his head ; but he could not identify the hen. Robert Bayne, detective constable, stationed at Dunedin, deposed to having apprehended the accused at Dunedin, the fowls produced being at the time in an enclosed yard at the back of the house where she was living. On reading over the warrant to her, the accused said she had purchased the fowls from Mrs. M'Laren, and had paid 17s. and a bottle of whisky for them. The box produced was in the yard where the fowls were running. In reply to Mr. O'Meagher, witness said that the prisoner made no attempt to conceal the fowls ; there was no possibility of doing so. The accused admitted that the fowls were hers.

This was the case for the prosecution. Mr. O'Meaghcr said there was nothing whatever to connect Mrs. Ramsay with the larceny. The fowls hail certainly been found in the possession of the accused's husband, but there was no evidence to connect Mrs. llamsay with that possession. He would therefore ask his Worship to consider whether there was any necessity for him to call evidence in favour of the prisoner. After reviewing the evidence, lie called James Boylan, who deposed to having seen Ramsay and some children catching fowls and putting them in the box. James M'Laren was one of those who wero doing so. Ramsay nailed up the box. He did not see Mrs. Ramsay handling any of the fowls.

Mr. O'Meagher said he would not call any further evidence, but would ask his Worship to dismiss the case upon the point raised by him. His Worship said he would take time to consider the matter, and give his decision on Monday, at 10 o'clock, the accused to bo HI eratjd <n bail on l.er husband's recognisances in the sum of L3O.