SUPREME COURT.

Poverty Bay Herald, Volume XVIII, Issue 6002, 24 February 1891, Page 3

SUPREME COURT.

« [Before His Honor Mr Justice Conolly] horsestealino. William Capper was arraigned yesterday afternoon on a charge of larceny of a chestnut mare, the property of Charles Seymour. He pleaded not guilty. Mr W. L. Rees .appeared for prisoner, and Mr Nolan on behalf of the Crown. The following jury was sworn :— Messrs Jas. Whinray (foreman), O. B. Hobble, Charles Doyle, D. Dinan, W. J. Henuessy, Daniel Curtain, Joseph Price, W. M. Kirk, James White, C. P. Davies, and Hugh Heeney. Evidence was called to the effect that Mr Seymour owned the horse, not having sold it to anyone. Mr Seymour, junr., deposed that on the day the horse was missed from Whangara home paddocks accused arranged to go out wool-hunting, but did not turn up and left the station. Evidence was also given to show that accused had the horse shod at Ormond, and that it was found in his possession by the police at Opotiki. A half-caste youth, aged 18, named Dick Brown, gave evidence that he had never sold tliß horse in question to the prisoner nor had he given a receipt, being unable to read or write. He was questioned as to his ability to write. He said he couldn't, but was once able when he was a very little fellow and went to Mr Morgan's school. He was recalled by a juror, and said he was in the first standard. Another juror (Mr Hubble) then asked him if he did not remember copying some writing, the substance of an estimate for a tombstone. Witness said he remembered doing so. Other evidence had been given that witness could not read nor write, Mr Seymour saying he had been unable to tell whether a letter addressed to him was for him. Mr Roes said that the prisoner had always borne a good character, and it was unlikely he would so openly steal a horse, riding through Gisborne and staying- at Ormond. The evidence as to Brown's ability to read and write and give a receipt was proved by the last evidence adduced. William/Law gave evidence that he had known prisoner from childhood, and always as a lad of good character. He called at hisjiotel at Ormond and stayed a day or two," He made no attempt to i conceal the horse, and left it for a young lady whose horse had broken down and who went through to Opotiki after visiting j the races. William Capper (the accused) gave evidence that he stated to the policeman prior to his arrest that he purchased the horse from young Brown. Ho was coming down the coast on Thursday, January Bth, between Turihau and Pouawa when he overtook Brown, who was riding a dark- bay horse and leading the chestnut mare, the subject of these proceedings. Witness asked him what he was doing with the chestnut mare, and he said he bought her cheap and would sell her for IS. Witness said "Right you are; if you come to Gisborne 1 will give you the money, as you cannot write a receipt here." They came to Gisborne together, and when he reached Turihau he left his own horse there and rode the chestnut mare. On reaching Gisborne Brown wrote a receipt from a leaf of his pocket book with an, ink pencil. When he got to Opobiki he gave. his trousers to his mother to be washed, forgetting about the receipt, which was destroyed in the washing. Bid not attempt in any way to conceal the horse. Cross-examined by Mr Nolan : Arranged with young Seymour to. go out wool-hunting on the day he left Whangara, but as Seymour kept liim waiting over an hour and a half he went to Pakaraae for his dinner, and it was then too late to go back, and he went to town to the races. . Mr Rees, addressing the jurors, said that there was no doubt the mare wns Mr Seymour's. The weight they must judge between the witnesses was between the prisoner and the lad Brown. It was clearly contended by the prosecution, that Brown could not read and write, whilst it was clear from Brown's own statement that he could read and write. Not so long ago he copied out for a juror somo table of estimate. That showed at once witness was not to be believed. If he was telling a falsehood what was there to prevent his telling a falsehood as to the sale of the horse or as to his going to Whangara and taking the horse. Capper's statement as to his actions were not such as were at all suspicious. His conduct had not been that of a horse thief. On the other hand Brown's statement was very suspicious and contradictory. The horse was missed on the 9th. Brown said he came back on the 12th, and Seymour's son said, V Oh I think Bill has got it." He would say that it was Brown had suggested to young Seymour that Bill had got it. On that information was given to the i police, aud Capper was arrested. And when Capper -was questioned by the Opotiki policeman he admitted he had the j horse, and said he had got it from Brown. He would submit there was far more than a reasonable doubt in that case. Mr Nolan said they should look at the other side, presuming- Brown in the box and the same ovidence given. It was clear that either one or the other stole it. The prisoner, was the most interested party. It was stated by prisoner that he met Brown between Pouawa and Turehau, and that Capper asked Brown to come to town to write the receipt, why did they pass Pakarae and Turehau, and come an extra 12 miles to write the receipt. The receipt was not written in an hotel, but Brown produced an ink pencil from his , pocket and . a pocket-book, and it was written on the saddle. Did not those little discrepancies look as if they were fixed up for the purpose of evading the , consequences of the charge. As to . Brown's evidence it was straightforward that he did not understand English very well and could not write very well. He said he was in standard No. I eight . years ago, and it was quite likely that he would not now be able to write his name. His Honor said counsel for prisoner urged every point in favor of his client, and counsel for the prosecution, as was not usual aud not quite proper, urged every point against the prisoner, as if he had some client, The counsel for the prosecution represented the Crown in one capacity, and the only desire of the Crown was that justice should be done. The case against prisoner was not without suspicion. Taking his own story, he knew the mare and found Brown leading it along. He took Brown's word that he had bought it and could sell it at a profit for L 6. Yet according to Seymour's statement it was a mare which he wanted to ..' buy, but Seymour said he would not sell. He was not, however, charged with knowing it to be stolen or being an accomplice of Brown, but with stealing it. There .- was no evidence of his having stolen it. . When stolen goods were found in anyone's possession, that was primu facie ovidence, open fco be rebutted. It was clear prisoner made no effort to conceal the ■ fact that he got the horse; probably it might be said it was little use for him to tyave done bo. Then he made the statement as to buying from Brown, There was no doubt the Horse was stolen on the ' day ho said Brown sold it to him. It was . his duty in a case where a prisoner gave evidence to caution the jury against rectiving his unsupported testimony, but likewise in this case Brown had great interest in the case. It appeared to him almost a certainty that Brown could read and write in order to get over the idea a that he wrote a receipt. It was favorable i that Mr Law had never known anything ■Vnjipijttst prisoner, and they were best

judges of how he gave his evidence. They must be satisfied beyond all reasonable doubt as to prisoner's guilt. The jury, without leaving their seats, agreod on a verdict of ''Not Guilty." His Honor said his good character had saved him. It was a very suspicious circumstance his buying the horse from a half-caste boy on the road for L 6, knowing it to be worth more. He was discharged. TO-DAY. John Bryant Lane was arraigned on an indictment of arson. Accused pleaded not guilty. The following jury was empanelled :— Messrs C. A. Brown (foreman), David Dinan, James Cockrey, W. Poole, Wills, H. Tucker, C. F. Lewis, Law, Hastie, D. Curtain, W. Matthews, and J. A. Boland. Mr Nolan prosecuted for the Crown, and Mr DeLautour appeared for prisoner. Mr Nolan, in addressing the jury, said the case they would find rather tedious, necessitating their utmost attention. The charge was one of arson, an offence easy to commit and hard to detect. The evidence would be all circumstantial, but from prisoner's actions and his statements they would have no doubt in saying he did burn down the house. Mr Nolan then reviewed the evidence he proposed to call, which was the same as that adduced in the R.M. Court. The Court was occupied all day in taking evidence similar to that given in the Court below. (Left sitting.) The following article from the New Zealand Herald will be read with interest. Our contemporary saya : — " We cannot imagine that employers will do anything so suicidal as to abandon free labor, and the existence of associations at Gisborne and Napier of free associations of employers and workmen, together with the fact that employers have been loyal to free-laborers in the past, show that the importance of the subject is realised. Indeed, the employers' associations in the south are reported to have invited a conference of all employers' associations, and one subject for discussion will be how best to assist and protect free labor. The Unions seem to realise that they cannot coerce employers without the absorptiou of free labor, bub outside unionism there are many men who will not bind themselves lo any union or society, and they will always be a factor iv any strike. Possibly one of the best methods to be adopted for the protection of free labor is an association similar to that ;\t Hawke's Bay. Employers evidently think that labor difficulties are not over, and they do not intend to be caught napping, because one powerful organisation of employers for the colony is mooted in the South. If associations of employers meet with delegates of trade unions for the purpose of making arrangements, workmen who are nob members of unions will naturally be suspicious. If Unions succeed in obtaining concessions from employers, that of itself will be a demonstration to free laborers of the usefulness and necessity of Unions. Kreo laborers may be taunted with getting an advantage which they would not have been able to obtain but for the Union. The subject is surrounded with many difficulties. If the employers' associations recognise the unions then it will be supposed that the men belonging to these Unions stand on a firmer basis than those men who do not belong to them. There are difficulties, too, on the side of the men. Perhaps it will be well, before attempting to establish Boards of Arbitration, to see the nature of the measures which Mr Ballance promised in his speech at Wanganui to bring forward." An English correspondent tells of a London sanitary inspector who, in answer to a question, said: — "Yes, the overcrowding amongst the very poor people in London is considerable. For instance, I was called to a house in the poorest part of Westminster, each room of which was let out to different tenants. In one apartment, and that by no moans large, five families were living, one in each corner of the room, and one in the middle. They agreed well enough until the party in the middle wanted to take in lodgers, and that led to a row, and my attention being called to the case I promptly eleured the lot out." The contending Irish parties have agreed that the Parliamentary fund of L 36,000 shall be devoted to the relief of tenants. The Prince of Montenegro has hit upon an ingenious method of utilising his army in the time of peace. Hitherto every man bearing arms has looked upon himself as exempt from the vulgar necessities of labor ; but Prince Danilo, who, it may be | remembered, has been spoken of by the Czar of Russia, as the only friend he posI sesses in Europe, has issued a general i order that every soldier shall 3'early plant 200 vines, every corporal one olive tree, every lieutenant five olive trees, every chief of a battalion 10, and every general 20. Thus 4,000,000 of vines and 20,000 olive trees will be annually planted, aud swordsmay be advantageously transformed into pruning hooks. The New Zealand Shipping Company ordered a new steamer of 6303 tons and capable of carrying 70,000 frozen carcases. The Hon. W. Rolleston writes to the Press with regard to the assertion made by the Premier at the banquet at Wanganui on Thursday night, that he (Mr llolleston) was the first member to draw the honorarium for last session, notwithstanding that he made the proposal for an adjournment instead of a prorogation, stating that Mr Ballance told a deliberato untruth. When the Manawatu Gorge line is opened, it is the intention of Nelson Bros, to send all the products of their works at Waipukurau to Wellington, instead of sending them to be shipped at Napier. This is in consequence of the Wellington Harbor Board's charges being much less than those of Napier, and it will not cost as much sending their shipments via the Gorge and the Wellington-Mana-watu line as it would from Napier ! A southern paper, in bewailing the enormous extent to which the colonial youth indulges in bad language, says only too truly :~" In the most cold-blooded manner friendly conversations are interlarded with oaths of a disgusting nature, and spoken in such a tone that any person who happens to be passing cannot fail to hear. The practice seems to be becoming more common every day, and it is nothing unusual to hear a string of youths recounting some shady experiences in language tfiat would not be tolerated by a Billingsgate rough, It prevails in the street to a very large extent, and the authorities should at once adopt the means that lay in their power to, afe all events, lessen the evil." Strangere visiting Gisborne and desiring to know the best establishment in which tl purchase Watches, Clocks or Jewellery wil please note that S. MoLernon offers specia advantages. He imports direct and buys for cash from the leading manufacturers, consequently ho claims to be in the best possible position to serve the public well. One month's trial given with each Watch repaired by him. If not satisfactory, money returned.— Advb ; Bull-dogs command respectful considcra- | tion. Hennessy's solid value does likewise. Ladies' High Leg Glace Kid Balmorals, 8s 6d ; Men's Nuiled Mluchers, Heel Tips and Toe ' Tips, 5« lid ; Ladies pretty Fining Shoes, 4s ; Ladies' Kid Oxford Walking Shoes, ; 5 1 lid ; Men's Nailed O.F. Balmorals, 10s (Id ; Ladies' Felt Slippers, la 3d ; Gent's Goloshed t Balmorals Kid Leg, nice shnpe, 12s 6d ; ) Girls' Felt Slippers, 9d. The biggest stock r and best variety in Poverty Bay, Hennessy's j for boots \

New Music— A splendid assortment of newest songs, waltzes, etc., etc. ; also, new song and dance albums just opened at Mrs A, M. Browne's, next Herald Office. Jubile . of Methodist Church hi New Zealand—Special service to-morrow (Wednesday) evening, Wesley Church, at 730. Addresses, Rev Lewis, President of Conference. Refreshments at cloae. Admission free— (Advfc.) New books at Mrs A. M. Browne's Circulating Library (next Hekald office). A case of new novels, etc., by the most popular writers just added to the above. — (Advt.) The Great Chronological Prophecy, illustrated by diagram. — Lecture by Mr Geo. Aldridge, Theatre Royal, Wednesday at 8 p.m. Collection. Sankey's hymns — (Advt.)