ALLEGED SHEEP-STEALING.
At the Magistrate's Court at Balclutha on •the 12th two young men named Hugh Smith and Janics Taylor were charged before Mr H: A. Stratford, S.M., with stealing 10 sheep, '•valued at £& 10s, the property of John Miller, farmer. Mr Macdonald appeared for .Taylof, and stated that Mr Solomon had been retained on behalf of Smith. Mr Solomon was unable to appear, and he had asked that the case might bo adjourned to Milton. His Worship wished to know why the case .should be adjourned to Milton. Mr Macdonald : I understand that Mr Solomon is professionally engaged elsewhere. He asked that the case be adjourned. The police were communicated with, and I understand 'they have agreed. Detective M'Grath : The police raise no objection in the matter. His Worship : Perhaps you will show me what the police have got to do with it. I am not aware of any act giving the police any standing in the matter. The case is one of the Queen v. Taylor aud Smith, and the informant is John Miller. Mr Macdonald : I have not seen Mr Miller, cor yet her Majesty the Queen. His Worship asked Detective M'Grath what right or privity he had in the matter. Detective M'Grath : I have no right, but It has been the practice. His Worship : Oh, practice. Suppose we keep to the law as far as it is practicable. Mr Macdonald : So far as lam concerned, I am quite willing that the case against my client be withdrawn, I don't want to raise any objection. His Worship: To what? You made an application that the case be adjourned. Can you give me any reason why it should be. Mr Macdonald: Because all parties have |agreed-to ifc.His Worship : But that is not a reason. Mr Macdonald : Well, you can rule that as you like. The police are looking after the ■prosecution, and they have agreed to an adjournment. I recognise that, if you don't. If your Worship wants to object to it, you can do so. His Worship : • That is no answer. You ought not to take up such a position as that. I am surprised. Mr Macdonald: You can't get me to defjart from the truth. I can't alter the facts. The po2ice bay? ms. I annear on behalf of
Taylor. I agree to its being adjourned. If 1 your Worship objects to that X can't say ! more.. It is a well-known fact that the police act in these informations. Miller makes the charge, and the police get up the evidence. Mr Fraser said he was now in a position to assist the court. He would make an application on behalf of the prosecution that the case be adjourned in view of the fact that counsel for one of the defendants was unable to be present, and in order that that defendant might have the benefit of counsel. His.Worship: I am quite satisfied, and I was equally satisfied when Mr Macdonald applied for an adjournment on behalf of Mr Solomon. Still, I have not been informed by Mr Macdonald why the case should be taken from Balclutha to Milton. Mr Fraser observed that the sheep alleged to have been stolen were at Milton, and the witnesses were also in that neighbourhood. His Worship: If Mr Macdonald had only said that it would have saved time. Mr Macdonald: Oh, I could not say it so •well as my learned friend, your Worship. The case was then adjourned to Milton till Saturday, the 15th inst. Bail was allowed; accused each to enter into his own recognisance irt the sum of £100 and one surety of a similar sum. * I
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Bibliographic details
Otago Witness, Issue 2368, 20 July 1899, Page 15
Word Count
610ALLEGED SHEEP-STEALING. Otago Witness, Issue 2368, 20 July 1899, Page 15
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