RESIDENT MAGISTRATES' COURTS.

Timaru Herald, Volume XVII, Issue 814, 18 October 1872, Page 3

RESIDENT MAGISTRATES' COURTS.

WAIMATE,— Monday, Oct. 12, 1872. [Before B. Woollcombe Esq., R.M.] CIVIL CASRS. G-. M. Babington v, Thomas Alexander. Claim ; £20, amonnt paid by plaintiff to defendant for a horse, which Mr Cramond of Timaru claimed as having been stolen from him about eighteen months previously. After hearing the evidence of plaintiff, defendant, Mr Cramond, and Sergeant Scott, the R. M. said plaintiff had not produced sufficient evidence to show that the horse had been stolen, and as Roberts had been apprehended on the charge of stealing her, it would be advisable to adjourn the case until his examination. The defendant elected to have the case heard m Timaru. The Court then adjourned to the 22nd of Oct. TIMARU,— Wednesday Oct. 16. [Before B Woolcombe, Esq. R.M., T. W. Hall Esq., and H. Belfield Esq., J.Ps.] TRANSFER OE LICENSE. The license of the Old Bank Tavern was transfered from E. Foden (deceased), to Mrs Foden. • . [Before B. Woolcombe Esq., R.M., and T. W. Hall Esq., J.P.] HOUSE STEALING. Joseph Roberts was brought up on remand, on a charge of horse stealing. Mr Perry appeared on behalf of the prisoner. John Cramond, sworn, deposed : I am a coach proprietor, m Timaru. I had a dark brown mare running m a paddock near Temuka. It was branded Son near shoulder : it had also an enlargement on the near fore knee. The last time I saw it was about February 1871. Previous to this she was running m a paddock belonging to Mr Marshall at Milford. Ido not know how she got out of this paddock. I spoke to several persona living m Temuka about the mare as to her whereabouts, but could learn nothing about it. I saw her last Friday week m Mr Babington's paddock m Timaru. I claimed and took possession of her. The mare m the yard (produced) is the same. I have never sold her. Cross-examined by Mr Perry : I identify the mare as the one I lost. The mare outside the Court haa now a brand like a W below the S on tha near shoulder. I have hal the mare since Sept. 1869. She was about six years old

then. T ran the mare for about three months from Timaru to Waihi, and for the remainder of of the time from Waihi to Rangitata. 1 had many opportunities of seeing her during that time. The W brand looks as old as the S baand on the mare. I never noticed the W brand on the mare till this morning : it is very indistinct. The mare while at work m 1869 would have lost her winter coat. I have never sold the chance of the mare ever being discovered. I turned it out on account of the enlargement above the knee ; she was not lame. Re-examined : I can swear to the mare outside the court, positively, as mine. 1 know it by many things. Thomas Alexander : I am a groom, living at Waimate. I know the prisoner. I bought a mare of him on the 23rd September last. It was a dark brown mare, branded I think, with two brands, but I only got one brand m my receipt. There is an S over a W on the near shoulder. The receipt, produced which I got from the prisoner, shows only the S brand. When purchasing the mare there -was no brand mentioned m the receipt, and upon my examining her I saw the S brand, but not the W, so I had it inserted. The [ mare hadmorehairwhenlbought herthan she has now. The Wis rather indistinct now, but it can be seen. I sold the mare to Mr Babington on the 25th September, last. The mare (produced outside) is the same. William Hulme : I am a farmer, living at Smithtield, near Waihi Crossing. I know the prisoner ; he was residing near me. I saw him last a few weeks ago, just prior to his father's sale. He brought a dark brown mare, and asked if I would let him put her m my paddock for a few days' until things were settled. I gave him leave. He did not say who it belonged to. Prisoner took it away again a few days' after. The mare produced is the same. Cross-examined : One end of the paddock runs up to a public road. Prisoner did not attempt to conceal the mare. He meant by " till things being settled," till his father's sale was over. Re-examined : The public road near the paddock is not a made road, but runs from Sniithfield to Geraldine. Sergt. -Major Barsham : I saw the prisoner on board the Claud Hamilton at Lyttelton, on Friday last. When I accosted him as Mr Roberts he said I was mistaken, his name was Paterson. He produced his ticket m that name. He said he came from Dunedin. He came on shore with me, and I eventually arrested him, and cautioned him m the usual manner. He said he was very sorry, but he took the horse out of a paddock and sold it to a person named Alexander at Waimate. Cross-examined : I was m plain clothes when I told prisoner that unless he gave a more satisfactory account of himself I should detain him. This was when I was on shore. He knew I was a constable. He said he recognised me, though I did not recognise him. We were m the Police Station. T told him when I was on board the steamer I was a sergt-major of police, stationed at LytteltonThe prisoner, m reply to the question, said he would leave his case m the hands of his Solicitor, who informed the Bench that the accused would reserve any defence he had to make until his trial, if committed. The prisoner was committed for trial to the Supreme Court, Christchurch. AROWHENUA— Thuksday, Oct. 17. [Before B. Woollcombe, Esq., R.M.] CIVIL CASES. T. Parkes v H. Smart, claim £11. Judgment by default. E. J. Pardeu vJ. Low, claim £7 19s 6d. Mr White appeared for defendant. A set-off was put m for £9 18s. After hearing the evidence judgment was given for the plaintiff for £2 8s 6d, and 15s costs. J. Murphy v Mullins and "Wood, claim £12 10s. Mr White appeared for plaintiff. After evidence had been taken at some length, judgment was given for plaintiff for £12 10s, and £4 93 costs. K. F. Gray v J. Fleming, claim £1 10s. Plaintiff stated that the money was owing him by the defendant. Cross-examined by defendant : Am not bankrupt. Have compounded with my creditors. The defendant contended that plaintiff had no right to sue, aud called — T. C. Plante, who stated that he had paid Mr H. Green a sum of money for plaintiff. The plaintiff had assigned his book debts to Messrs Brown and Plante, of which firm witness was a member. The deed was produced. The Bench ruled that the plaintiff was not the proper person to sue, and he was non-suited with costs. A slaughter house license was granted to Mr Ensor, of the Milford boiling-down establishment.