RESIDENT MAGISTRATE'S COURT

Oamaru Mail, Volume II, Issue 410, 21 August 1877, Page 2

RESIDENT MAGISTRATE'S COURT

THIS DAY. | (Before T. W. Parker, Esq., R.M.) HOKSK AT LAKOE. Robert Keenan, for allowing a horse wander at large, was fined 3s. FALSE PRETENCES. James Little (on warrant) was brougl up, charged with having, at Oamarn, < 10th March last, obtained a quantity timber, of the value of LlO, from CM topher Galbraith by means of false pr tences, besides the sum of 19s. 6d. money. Mr. O'Meagher appeared for the « cused, and said, before the prison pleaded, he would like it te-ty known: what the alleged false pretences Consist* It would only be fair to the accused tni such a course should be followed. The Clerk (Mr. Filleul) said thi ■peaking from memory, he believed W

the false, pretences, uaed were that prisoner 'sent an order to the prosecutor for certain timber, telling him to charge it to the Hon. Robert Campbell. That order the Hon. Mr. Campbell refused to acknowledge, saying that the prisoner had no right to order the timber in his name. Mr. O'Meagher said that this was not sufficient to constitute false pretences. Sub-Inspector Smith said the. .-moused had no right to order the timber in Mr. Campbell's name. The order in question was in the possession of Mr. M'Kellar, and could not be obtained until Thursday. After some discussion, Mr. Galbraith stated that the order in question was to the following effect : "Please send up the following material (enumerating the articles) to Maerewhenua, and charge the same to the Hon. Robt. Campbell." Mr. O'Meagher said that if Mr. Galbraith had correctly stated the contents of the order, there was no ground for a charge of false pretences. He then quot'd a number of authorities to show that no false pretence had been used. After some argument, the case was adjourned un+il Tuesday next in order to allow of witnesses being obtained, and to have the order in question produced. Bail was allowed, prisoner in L3O, and two sureties in Lls each. At a later hour, the order in question having been received by the mail, James Little was again brought up, and Sub-In-spector Smith having produced the order upon which the timber was obtained, some argument took place. Eventually his "Worship suggested that the course the prosecutor could adopt would be withdraw the information, as there did not seem to be any false pretence set forth in the order. Mr. O'Meagher oLjected on behalf of the accused to the withdrawal of the information. After some further argument, his Worship allowed the information to be withdrawn. CIVIL CASE. P. Hill v. P. Dooley.—Claim, Lls. Mr. Creagh appeared for the defendant, who pleaded not indebted. Judgment was given for defendant, with costs.