THEFT OF A DOG FRDOM THE AIREDALE.

Colonist, Volume VI, Issue 599, 21 July 1863, Page 3

THEFT OF A DOG FRDOM THE AIREDALE.

Andrew Rankin, Nelson, baker, was brought up charged with stealing from on board the steamer Airedale, between the 10th and 17th May last, at Nelson, a dog in the possession of G. Chapman, first officer of the steamer, and having charge of the freight. Prisoner pleaded not guilty, and was defended by Mr. Kingdom

George Chapman sworn, said: lam chief officer on board the Airedale. The dog produced by prisoner in court was shipped at Lyttelton as cargo to Onehunga for a Mr. Brewer. About 13th or 14th of May last the steamer was lying alongside the Government Wharf. The dog was taken out of the vessel by prisoner. I applied to prisoner for the dog on several occasions; he told me once he had sold it for £3 and spent the money ; on another occasion that lie had cut its throat and thrown it overboard. I have never seen the dog since until now ; that is it now in court. Cross-examined by Mr. Kingdon: I asked prisoner

several times about the dog. I did not myself see the dog taken away, but had heard of its being in his possession. George East, second officer of the Airedale, sworn : I remember prisoner taking the dog produced away from the vessel. It was about 13th or 14th May last, when the steamer was bound up North. Prisoner took it away under his arm. I asked him who gave him leave to take the dog, and he told me to go to h —l, and made insulting gestures, saying it was his business and not mine.

The Magistrate : I fear the prisoner is much more likely to go to gaol himself than to put you in " the other place." Examination continued: We had a bitch and two pups shipped at Port Cooper for Manukau, and the dog produced was one of the pups. I reported the circumstance to the chief officer on board. I did not give prisoner permission to take the dog. Edwin Fabry, second steward on board, sworn : I know nothing about the taking of the dog. When we returned from Auckland I met prisoner while I was in company with Mr. Chapman, who asked him what he had done with the dog. Prisoner replied that he had sold it for £3, and had got the money. Prisoner was in the habit of coming on board; he supplies bread to vessels.

Mr. Kingdon made a brief defence of the prisoner, referring to the great lapse of time which had been allowed to take place between the date of the alleged offence and that of the prosecution. The steamer had been in Nelson several times in the interval. And he directed attention specially to the fact of the dog having been taken away in broad day while the second mate was on board, in charge, and saw defendant carrying it off the vessel. If it was cargo, why did the mate in charge allow it to be taken away? Would he have allowed any one to remove dead weight, a chest of tea, or any other cargo, in such a manner, without stopping the person or following him ? He then appealed to the Magistrate, contending that there was no evidence to warrant conviction, and no proof of theft. Mr. Poynter said that Mr. Kingdon might adopt that line of argument before the common jury. He then committed prisoner for trial before the Supreme Court. Mr. Kingdon asked to be permitted to find bail, and the Magistrate allowed twenty-four hours to consider the question of bail. In the course of the day the prisoner Rankin was again brought before the Magistrate, who stated he had found by the Dog-stealing Act that he had power to deal with the case summarily, and accordingly he sentenced .prisoner to be imprisoned in Nelson jail for three months with hard labor.