MAGISTRATE'S COURT.

Oamaru Mail, Volume II, Issue 389, 24 July 1877, Page 2

MAGISTRATE'S COURT.

THIS DAY. (Before T. W. Parker, Esq., R.M.) ALLEGED LARCENY. Joseph Cavncross was charged with having, on the 23rd inst., stolen from the dwelling of Alfred Wells ail accountbook valued at 3a. (3d. The accused denied the charge. Sergeant Eeattie conducted the prosecution. Alfred Wells deposed to the prisoner having been employed making up his book, in order to work out a debt owing by him to witness. The book produced belonged to him (witness), and he had never given prisoner permission to take it away. When he found the book had been taken away he gave information to the police. She shortly afterwards saw the prisoner in Ncwey's hotel with the book under his arm. He then asked prisoner to give him the book, but prisoner refused to do so, saying that the book belonged to him. In |reply to prisoner, witness said he had bought the books from the prisoner's son, but that he had not paid for them. Witness acknowledged that accused had performed certain work for him in addition to making up his book, and which he was willing to pay him for doing. His Worship here said that he did not wish to go into the question of ownership of the book, but pointed out that the proper course for the prosecutor to have pursued would have been to have taken out a summons for detention of the book, and recovered it in that manner. He would dismiss the case.

The accused then stated that he had had no intention of stealing the book. He had taken it home, as he had previously been in the habit of doing-, as he considered he had been wrongfully dismissed by prosecutor's partner, and he wished to see prosecutor before giving up possession of the book. He had no objection to giving the book to prosecutor if he would pay for it. The book was then handed to the prosecutor, who paid over the price of it—3a. 6d.