RESIDENT MAGISTRATE'S, COURT

Inangahua Times, 22 December 1880, Page 2

RESIDENT MAG IST RATE'S, COURT

'iUfISDAT, 21bT DrCLMBrR, 1880. (Before G. C. Bowman, and P. Brennan, Esqrs , JsP.) Steve Cusack.it lad of 1% was b.ooght up on remand on information and complaint of Allied Smith, farmer, of Reefcon, baling, that Steve Cusack, miner' of Reefton, did, on the 13il_ day of December, now instant, unlawfully and know* ingly by certain iaUe pretence, obtain from the informant a chesnut horse and bridle -of-the' value- of £20 7s 6d, with intent to dei mud him of the same, being an md olahle offence. Mr Jones appeared for the accused. Sergeant Neville, in opening the ca" % slaU'fl tho facts thereof,' and called Jfi igTM'Fdilme, w lib. on being swor , said . I am a blacksmith residing i-i Keefton. I recollect Monday week, and ki\ow' the accusal slfajllly. /'__ S-Wyhmi. nboitb the 13 h instant coming np tie r.ver bank on hor.e back. Ih. aid a m.in m the .hop calling out and asking ntiere he v\as going >o, und iho accused said he jy». going to Greymouih. ""I believe the typifse ouls'de the Court is the animal Yiiiich_ Cus-cjc_ rode v I tnow Alfred Smith. 1 have seen a lioise in Smith s nossession answering the description ot (pc horse. ' | Alfied Smith, sworn, said * I am a f.n mer resi ling in Reeflan. I know the accused Steven Cusack. ilj saw b>m on the 13.1t of litis month oij the JBuller 'r0..-, near Mr^ Alien*, public^liouse. From the conversation which look place, aud wherein he stated that he had a letter of emergency to deliver to Mr \l'Gcady at Squaretown, for which he was (o be paid, but had not yet eot the mmiey. I lent nin\ the ho.se. Hii si,u<£h Hut he would ouly be 'away ti.ree or 1 tour hours, aud oj leiurntn^ would go to work at the Energelic. I thereupon 'ent him the horse, which §1 that ? cime was, up at Black's Point.* I saw lb§ horse outside tie stable at halt past 10. I i_cog« ni«,o jho horse and byid'e/pu^&jdo ,U p Court as my properly, and'tfchefng lii.' pony I hired tv Stet'eu Ous-J'c, ' jfe dvi not come ha.k as arraageJ, aud r I di<l not htar fio:n 'him about having* lj.keu tb_

pd..^*l'saw liio? tate Ihe'pony'to go to*-" Squaretown, as he said. The pony out.ide Use Court is the very same as Cusack look. I did not see Smith about just then. Thomas . Dixon : A son of Myers j Dixon, who lives in Reefton, corroborated the evidence of Iho previoug witness. James Barry : I am a constable stationed in Greymoutb. From instructions received I arrested Iho prisoner at Greymouth on a warrant on the 16th in.tant. Afler cautioning him iv the usual way ho stated that he had hired a horse from a man named Smith to go to Squaretown, and that he had gone on to Greymouth. He (old me that the horso was in Jones' liveiy stable at'G.eymoulh, lie did not stale his reasou for coming to Grey* mouth. He afterwards pointed out to me the horso at the .tables as the one he had taken. The hor.o is now outside. The prisoner told mc that he intended going to the Seventeen-Mile Beach to look for work: , . V Mr Junes for the defence pointed out that the prosecution had failed lo prove the fraudulent inienc, and quoted authorities in supp. rt of an acquittal. The Bench, after a severe reprimand -nr-whi-!i- the accused was warned of the danger iv which he had placed himself, acquitted him of lhe present charge, but cautioned hun to improve his behaviour lor the lalure, as he had narrowly escaped a whipping or a eomimllal for trial.