RESIDENT MAGISTRATE'S COURT.

Poverty Bay Herald, Volume VI, Issue 846, 28 July 1879, Page 2

RESIDENT MAGISTRATE'S COURT.

(Before H. Kenrick, Esq., R.M.), Alleged Larceny. Patrick Goonan was charged on the information of W. Batcliffe, creditors' trustee m the estate of Peter Sorry, with having stolen two saddles, valued at £7, the property of the estate. Mr. Bromfield, instructed by the trustee, appeared for the prosecution and requested an adjournment. The Court said the evidence m the case must be taken before an adjournment could be granted. Martin D. Stockpole, A.C., deposed : On Saturday last I went out to Makaraka with a warrant. I had a search warrant to execute. I entered his house and saw two saddles, which were said to be the property of Peter Sorry, m the house. I then arrested him and brought him to town: Bf the Beuoh : When I arrested him he said " I borrowed one from Peter Sorry, and the other saddle was left by Sorry." They were not. concealed m any way. He did not say how long they had been left there. Mr. Ratcliffe was there to identify the saddles. He said those were the saddles. W. Ratcliffe, deposed : I am Creditors' Trustee iv the estate of P. Sorry (gazette notices of debtors bankruptcy, and trustees appointment were proved.) I attended a creditors meeting m this Court, and at that meeting, 1 was appointed trustee m the bankrupt estate of P. Sorry, subsequently I accepted the trusteeship. Since then I have taken possession of the property of the bankrupt, aud after the 24th, I was informed that the property was being removed. In oonsequence of this information, I applied for a Bearch warrant on which the prisoner was arrested. The Baddies produced were those found at Goonan 's house. By the Bench : I don't remember ever having seen those saddles before. I did not communicate with Goonan after receiving information about the saddles being m his possession. The Bench said that as there was no evidence before the Court connecting accused with the charge of felony, the case would be dismissed. The accused should have been, charged with misdemeanour, under the "Fraudulent Debtors' Act," if he had wrongful possession of the property of the estate. The evidence of the constable went to I prove that there was no concealment whatever of the saddles, and the accused gave a reasonable account of the manner he became possessed of them. Mr. Bromfield remarked that the prosecution hod no desire to press the charge from the first, but only wanted to get possession of the saddles.