ALLEGED THEFT OP HORSE RUGS.

Taranaki Herald, Volume XLV, Issue 10654, 1 July 1896, Page 2

ALLEGED THEFT OP HORSE RUGS.

iNFORMAT.ON DISMISSED.

In the Police Court this (Wednesday) morning, before Mr W, Stuart, S.M., R. S. Henry, on remand, was charged with the theft of two horse rugs, the property of Joseph Henley, of Palmerston North. The circumstances of this case have already beeni übliahed. Mr Standish instructed by Mr Moore, of Palmerston, appeared for the complainant, Henley, and offered no evidence.

Inspector MoGovern : I have no evidenca to offer your Worship. The prosecutor was served with a summons, but I understand he is not here.

Mr Standish: I am instructed to appear by Mr H. Gifford Moore, of Palmerston North, who has been acting as solicitor for the prosecutor. Mr Moore desired me to state that his client was satisfied that there was no inteation of theft, but mere negligence, and therefore he intended to offer no evidence.

Mr Govett said the criminal law has been set in motion for a pair of rugs valued by the police at ss. A man has been arrested, thrown into gaol and kept there for a whole night, brought into the dock, and remanded for a week. All this was done— as it now appeared from his learned friend's remarks— because, in the opinion of the prosecutor, the prisoner had been negligent in forwarding the ruga, valued at ss, but sworn to by the prosecutor, evidently for the purpose of making the charge more serious, at £2. This was one of the most monstrous cases of abuse of justice ever heard of. He might say, however, that the accused was not going to let the matter drop, but iv due course an action would be brought for malicious prosecution, and then the prosecutor will have to " face the music" for setting the criminal law in motion in this arbitrary and wanton way. He would ask His Worship to make some few remarks on the conduct of the prosecutor.

Mr Standish said that as his friend had intimated that tho accused intended to seek a remedy in another way the less now said about the matter the better.

His Worship ; As th'dre is no evidence tendered— and as far as I cau see there has been no offence committed— l will dismiss the information, There has been nothing whatever against the accused as far as I can see,

Mr Standish : No evidence has been offered, your Worship, His Worship : I am not without some knowledge of the circumstances of the case, Mr Standisb.

Mr Govett : I wish to say that as far as I can judge the police are not in any way to blame in the matter.

Inspector McGovern : Directly the prisoner was arrested I wired that there was no theft but a mere case of neglect, and expected to get instructions that the warrant was cancelled, but they asked to have the accused remanded to Palmerston North.

His Worship : I think the police have acted properly in the matter. Mr Govett then applied for a certificate of dismissal which was granted. -