ALLEGED FALSE PRETENCES.

Star (Christchurch), Issue 6739, 31 December 1889, Page 3

ALLEGED FALSE PRETENCES.

-— * — • I At the Police Court chia morning, before 1 Messis H. Thomson and E. 11. Wood, ; Benjamin Drury was charged with '•bt.un- j ing by false pveteness an order lor ihe payment of .£8 from Tlioinad Olarkaou, oa Nov. 14. { Mr Caygill appeared to pronecute, and ' Mr M'Connel lor the d. fondant. 11 v Caygill caJled evidence to the following effeoo :— Thomas Clarkacn, butcher of Ohriatchurch: Bought a chestnut horao from defendant in November (receipt produced : , Ib acknov7ledged receipt of J6B for a hrtrwe ; bred by Mr Osborne and not connected iu | any way with a lien or bill of sale). Bad the hone seven or eight d&ya, wheu Oaborne and Bowman came for it.. Received a letter from Mr T. G. Itu-^ell, solicitor, claiming the horse uuder bill of sale for Thomas Watts and the Mercantile Finance Company, and the hoiae was taken away. Cross-examined i Had been to the police several times over this matter. They refused to take it up. Bowman, of Eiccarton, took possession of the borae. Told him he did it at his own risk. Abked ; Drury to refund the money. He at firsb made certain offers; afterwards he uaid the horse was hiß. Both statements might have been made at the one conversation before the horse was taken away. Betweer Nov. 25 and Dec. 13, made several applications to Drury to place witness in as good a position as before the sale. If Drnry had given tho money or tho money's worth he would have been satisfied. Had not been to Drury after the information was laid. Saw Mr Leathatn in Mr CaygUi'fl offioe. Told him if he wonld advise Dvnry to sue the Mercantile Finance Company, witness would pay £2 2a and withdraw these proceedings. Mr Leatham did not, in his hearing, give any answer. The proviso in the receipt with respect to alien, was to protect him from any bill of sale Mr M'Conoel might have. Be-examlnedt Gave Drary every opportunity to aßßevt bis former title to the horae jfhehadany. Edward William "Ouiaonie, farmer, Eakaiat Knew the hotua. " Tommy," the subject of these proceedings. On Nov. 23 Dzury had the Jwm-ettloatt&Ma •witness. '■••-- : ' '■ - : ' •■■■■. -.'. , ' ;. .-.■ x v '•■■ . k..

Wa3 bankrupt in July. The horse was subject to a bill of sale to Mr M'Connel. Lent the horae to Drury a few days before the bankruptcy. Drury and witness came to Chriatchurch with the horse. Lent it to Drury on the understanding that he was to have it when he wanted it. About the end of September his farm was sold. The horse was sold in Chriatchurch afterwards to Mr Holmes, with other horses. Never authorised Drury to dispose of the horee, bat Drury admitted parting with ib to Mr Clarkeon, from whom it was taken by Mr Holmes' man. Dcury offered another horse and a set of harness in lieu of Tommy. Cross-examined : Owed nothing to Druty. Told Drury Tommy was under bill of sale. Never told Mr Kowe or Mr Atkiuson he had sold it to Drury. [Left sitting.]