RESIDENT MAGISTRATE'S COURT, HAMPDEN.

Oamaru Mail, Volume IV, Issue 965, 23 May 1879, Page 2

RESIDENT MAGISTRATE'S COURT, HAMPDEN.

Wednesday, Mat 21. (Before T. W. Parker, B.M.) LARCENY AS A BAILEE. . Wiremu Porete was charged with having, on or about the 15th instant, he then being the bailee of a certain horse, the property of one Charles M'Gregor, of Shag Valley, of the value of L 25, stolen the-said horse The prisoner was undefended, and pleaded guilty. Mr. Ross, acted as interpreter. ■ Charles M'Gregor deposed that he knew the prisoner,'who had called at his farm on the 6th March last. He asked for a horse, to help him to get in his grain and to bring in the threshing mill. Witness shewed defendant two or threa horses, and prisoner selected one. Witness told prisoner that he would sot relinquish any iclaim upon the wave, and that if prisoner eventually bought hex tho price would be L4Oi v Jprisoner was/ if able, to pay L2O (as a first instalment, and when the L2O was paid witness was to give prisoner a •receipt for the mare, and witness was to !get the balance as he could. Prisoner took the mare on these conditions. He (witness) valued the mare at L 27, and had lately refused L3O for her, but since that time the value of horses had fallen. Accused had never paid one shilling on account of the mare,' and had never received any authority to see hor. He had had many previous transactions with prisoner, and he f&lfe quite sure that prisoner thoroughly- understood the terms on which he took the mare.

Allan M'Kerrow, a blacksmith residing at Hampden, gave evidence to the effect that on the I4th instant prisoner had asked him if he would buy a horse, and mentioned L2S as the price. Witness went with prisoner to see the mare, and prisoner told him that he had a summons from Palmerston, and was forced to sell the mare, although he did not want to d->" so, but he was afraid of Wing put into gaol if he did not pay the money he was sued for. After aorae further talk prisoner offered to. &b)l the mare for LlB. On witness asking where he got the mare, prisoner said he had got her from a farmer, and on witness asking if he had got her from Mr. M'Call, prisoner said "Yes," and further stated that he had not paid anything for her, but had given a hack in exchange. Witness told prisoner he had better offer the mare to Mr. M'Glregor, who dealt with the Maoris, f.nd accused replied tint it was n.Q use to go to Mr. M'Gregor, as h§ kept only two-headed horses, a remark which witness understood to mean ''jibbing" horses.' Eventually witness offered L 9 for the mare, and prisoner then said he could have her with the collar and winkers for LlO. Witness said he would give L 9 for the mare, and that if prisoner brought him the collar and winkers on the following Saturday, he would give him 10s for them, Andrew M'Kerrovf-j » farmer, gave evidence to the effect that prisoner had offered him the mare for LIS, but witness declined to buy her at auy price, as he had more horses than he wanted. He also gave corroborative evidence as to the purchase of the mare by his brother. His Worship committed, the prisoner for trial at the next sittings of the Supreme :Court, Dupedffl..