CHRISTCHURCH.

Star (Christchurch), Issue 75, 10 August 1868, Page 3

CHRISTCHURCH.

This Day, (Beforo T. W, Mnudo and A, Back, Faqr*,) Lahcknvab a Baium!, —Charles T racket t, on remand for (his offence, wua ngaln brought up. The last romand had hcon inude in order dmfc two wltncnnoa for tho prosecution-* Wil»on hnd Bimpaon— might bo orossexamined by Mr WllllaniH, Tho wltucH* Wll«on was not In attendance. Steven simp, won ro-callcd r I'rlsonor had tho watch to ropalr twlcd It did not pass through my bunds the second limci My wife gave it to him, Ido not know of my own knowledge Unit (die did, but olio told me so, I Imvo known prisoner about two yours. Ho ban proviouflly hiul a watch of mv own to repair, I have novor applied directly to prisoner for tho wo-tch. Ho had gone to Wellington when I went for ft, I applied to lilh ukU'V on finding bin liouho empty, and nliu told ma no. Mr Wllllaim addressed tliu Bench for tho dufonoOi 110 first onlled atten. tlon to OlauHO Oof tho Larceny Aot, 1807, which provided that fraudulent intention could only oonsUt of actually taking good*, or convening tlioso loft In trust to porttotml uncs. 110 contended that nothing of tills 1 liiiui hud buon provod in tho present enso, Tlio prisoner had received, iv watch for the purposo of repairing and then rotumlng it to tho ownoi 1 . llu bud roalded in Chrlstuliurch, hut appeared to havo entertained ado lro'to go to Wellington, Thin ho had not in anyway (ioncoalod, but spoken openly of! it, and hud Bold Mb furniture in tho usual way before going, Ho had takon tho waicii bcloug(n|{ to proHocutor with hini ( l)uiitwnH found in his box and tho owuoriihlp not denied. There wan no law to provent prlsonor going to Wellington, and at for leaving tho watch with bin winter to give up when claimed, that w«» t>K(tuHO.d by the Tact that it she had lost or damaged it, ho, m lialleo, would havo boon voupoiiHiblo to tho owner. To Hubntantlato v clmrgo of larccuny us a bnilco oonvoralon of the property mu»t bo ]>roro(l, and in tho prcHonli oaso ho did not think thoro was »ufllclont to warntnt cvon a civil «nso much leu* a criminal ono. In all works on Nisi Prim it, would ho found that aotual conversion in Hitch cuscn as tlio ono under consideration miiHt bo provod to justify a commitment, and in all uuios that had como under hie notice convci'riion meant some net on tho part of tho balkio by which the bailor was provented from obtaining his proporty on application botng mado in tho utuial way. No such apitlication, either perHoimlJy or by letter, had boon mado by prosecutor in tin; present caso,and the charge must therefore full to tho ground. Mr Wllllamfl continued at flomo lungih in juflliflcatton of tho prisoner as roHpon«iblc for 1110 watch to tho owner only, taking It with him to Wellington until such tlmoas ho could give it up. 110 concluded by calling tlio attention of tho Ueudi to tho o.iiHo of tho Queen agaiiiflt Jackson, nn<! Huron Martin's (Igclhloii thereon. Tho Bench rotlrod for conHlderatlon, but returned aftor a fow minutes' absence, and naid, coiivcthloii of tho proporty not bulng proved, tho prisoner would bo discharged.