RESIDENT MAGISTRATE'S COURT.

Poverty Bay Herald, Volume VI, Issue 901, 23 September 1879, Page 2

RESIDENT MAGISTRATE'S COURT.

(Before Captain Gudgeon, R.M. Breach of the Municipal Bye-lav?. J. Carswell for Breach of Bye-law No. 40. 'Section 2, by lighting a fire outside his dwelling house, was fined ss. and costs. Civil Cases. "Ward v. Hoani Kiwa, claim £23, and Lawrence v. Hoani Kiwa, claim £100, were adjourned by consent for a fortnight, Riperata v. King, and Adair v. Cuff, were adjourned to Tuesday, the 30th. Luttrell's Trustee v. T. W. Bryant, Claim £2 9s 6d. Judgment by default. H. E. Webb v. J. Buchanan, claim £4 18s Id, Judgment by default. Alleged Horse Stealing. On the information of Alexander Parsons, John Taylor was charged with having stolen a bay gelding, of the value of £7, from the Government run, Ormond, being the property of the informant. Mr. Nolan appeared for the prosecution, and Mr. Brassey for the defence. Alex. Parsons sworn, deposed : lam a butcher, residing at Oimond. I was m possession of a bay horse up to the 6th September — about 2 years. It was branded T and T reversed on near rump. I got possession of it by exchanging another horse with my brother. My brother} bought it from the accused, and I was present at the time of the sale. Taylor has now the horse. It is my property. 1 have not sold it to him, nor given him any authority to get it. Cross-emamined by Mr. Brassey : I could have given authority as it belonged to me. It did not belong to my mother. I never told Taylor that the horse I exchanged with my brother was my mother's. It was my mother's once, but not at the time of the exchange. My brother has left the district. I recollect Taylor lending me the horse. Three months after this my brother broke his arm. Before he lent me the horse, he lent another to my brothbr. He lent a quiet mare to my brother after he broke his arm, but it was not lent before that. • I received the loan of the gelding from Taylor at Bidgood'a Btable. He did not give that horse because he wanted the other one — the mare. I don't know when Taylor took* the mare away. He did not do so when he brought the bay gelding. I waß at the stable when the accused came for the mare, and left a black pony. I was riding the bay gelding. Taylor and I have been friends. He did not sell the bay gelding to my brother before. It was about five weeks after this that my brother bought it. He lent it to me, because the horse claimed shied. I was at Buchanan's when the sale of the horse was completed. Taylor was then sober. The bargain was for £3 10s., but accused would not take it all. My brother gave him a pound. Buchanan was there at the door, but I don't know whether he took any notice of it. Accused was away for a week when he came to Buchanan. I and my brother were there, my brother asked him to come m, and he would pay Taylor. Taylor refused to take the money, and said " take him as he will only break your neck, aud I'll shout," drawing a half-sovereign from the money offered. After this I left, and Taylor and my brother were drinking at the hotel. I remember going with my brother John to Waikohu Station, and I saw Tayor there. I had a conversation about the horse. Taylor asked me if the pony I was riding was the one George bought from him. He did not claim the horse as his. I know Tait at Cooper's run. He never told me that Taylor claimed the horse. We never had v. conversation about a horse. . Dining the time I had the horse Taylor did not claim the horse from Wiliiam Smith. I don't know whether the signature to the receipt produced for the horse m question is that of William Smith. The brand of the horse is something similar. I value the horso at about £4. When I got him he was only half broken m. Nathaniel McKay, deposed : I live at Ormond. I know the accused. On the 6th September he came to me, and asked me to help him to go and catch a horse. I went with him and helped him, for which he paid me the next day. The horse was a bay gelding, as described by last witness. I saw the horse m the Ormond paddock. Taylor told me it was his horse. By Mr. Brassey : Some time ago Taylor explained to me he had a horse, and if I could show it him he would pay me 10s. He described the horse and said it was branded HH. After this he said he had made a mistake that it wasTx. The color and all the descriptions except the head were as given by Taylor. He claimed the horse as his. John Bidgood, carter, residing at Ormond, deposed : I know the accused. About 2 years ago he and Paranns had some transactions about horses. I know the bay gelding Parsons used to ride. When Parsons took away the mare, he left the black horse. His Worship dismissed the case, as there was no evidence to prove the crime alleged against" the accused. The case of Graham v. Evans, was resumed to-day at 2 o'clock, but had not concluded up to the hour of going to press.