RESIDENT MAGISTRATE'S COURT

Inangahua Times, Volume II, 28 January 1881, Page 2

RESIDENT MAGISTRATE'S COURT

Thursday, 27th January, 1881. (Before W. H. Revell, Esq., R-M-) LABCENT. George Barton alms "Yorkey," was brought up on an information lodged last bight, charging him with having stolen £55 from one Patrick Carey. At the request of Sergeant Neville, the accused was remanded till to*morrow morning, to enable the police to produce evidence. IABCENY. John Bell was charged, on the informs* tion of David M'Gahey, with havi»g feloniously stolen and carried away sun* dry goods of the value of £10, the property of the informant. Mr Lynch appeared for the accused, who pleaded " Not Guilty." C. L. Neville, sergeant in charge ol police at lleeftoo, sworn, said : By vir* rue of search warrant, I proceeded on the 20th instant to the premises of John Bell at Larry's Creek. The accused at the time was on the rood; I produced the warrant, and read it to him. M'&abey came into the room. I commenced the search in company with P. M'Gahey. Bell admitted having a bag of grass seed. A blacksmith '« anvil was found with some hammers, one adze, on» garden rake, one bar of steel, one milk strainer, one 12>gallon boiler, one pack»saddle, eight iron dogs, one 2sio. auger, and one cruet-stand. All of whioh were identi. fied by M'Gahey, as bis property. The accused stated that M'Gabey had given those articles to him. Cross-examined by Mr Lynch : Somo of the articles were concealed, and John Bell threw down the hammers, but denied having ihe auger, which was afterwards found in an open loft by M'Gahey. M'Gahey was excited, and made use of tbreatbening language towards his wife, and also towards the accused. Bad lan» guage was used on both sides. By the Bench : The articles now in Court are the articles found. When bringing the accused to Beeftoa, he stated on the road that M'Gabey bad given the things to him, and had helped to put them on a horse. David Charles M'Gahey, sworn, taid : I am a farmer, and am acquainted with the accused John Bell. Until lately, I have resided at Larry's Creek. The aocu fed was a neighbour. I recollect the 4tb December last ; I saw accused on that date bath at my own and his place. | I left Larry's on that date. It was ar» ranged that he was to bring my swag to Heefton that evening. He accompanied

me oo the road nearly to Lyon's pi ce^H and returned. I saw him tbe same eten-^H ing in Reefton at Campbell's ; I agtJD^J saw bim on Sunday, tbe sib December. I^| went down to Larry's on tbe 7th Decem*^B ber in company with Mr J. M'Gauiii, for^f tbe purpose of banding over my property^H to bim. Wben at Larry's on this oc-^H casion, I noticed tbat a number of tliings^f had been removed. When I first left^H tbe hoase, I left a girl in charge. On the^J 7tb, I went over to the accused's house^J and asked hrn what had become of the^H things I left in the place ? H> s lid that^H Lyons mast bare taken the- goods, as hz^M bad been to tbe place. He also stited^f tbat be had seen three bores bain? filled 'oat of ths plsce, and that be dii nrt^J know what became of them, un'ees Lrons^H hid taken them. I was present on the^f 20th instant, wben the search was being executed at bis house. I res^J cognised the articles now in dart, w r 6ch were then foand on the premises of the^f accused, as my property Tbe adze aod^H hammers bare now different handles. I^M am not certain as to the biff hammer being mine. I left t|e most of tbe^| thinßt now 1n r t 1 * 01^^! tbe rake now in tfoart, nn<M beliere thati^J it is possible that I bad lent it to BeH»^| bat not the one mentioned in the wsr^^J rant, which wa«on my premises when I^| left on the 4th. I know a man named Smart, whom I saw last at my place^J about two months previous to mv leav«^fl ing. Smart worked for me at one time,^J Smart never* assisted me to pat tbese^fl things on a borse to take to the nccnsed.^J I did not on tbe 4'h intend to leave th»^H place for good. My house and property was mortgaged, and I arranged on the^J 7ib wifb the agent, Mr M'Gtffin, to allowfl him to sell all my moveable property, and I was to be given time to pay ti e^H balance of the mortgage. I never eave^fl tbe things in question in trust to Bell. By the Beooh : My wife left about ttnfl days'previous to the 4th. She had not beenH back between the 4th and 7th. AfterH giving over possession I went to tboH Kumar*, where I heard tbat my wifefl was living with Bell. I th;n suspectedM tbat Beli bad the missing property, and ifl retanrned to Reefton and took oat aH search warrant, having also previous sus«fl picion. Cross*exaramed bj Mr Lynch : Tbefl mortgage extended over stock and UndH and house only, as near as I can rememwfl ber. I bad not removed any of thosefl things to tbe terrace, and I swear I neverfl .secreted them in any way. I may havefl left some of the tools where I bad beeim working. I was on good terms witbfl the accused, and we used to borrowH things from eaoh other. Ido not think ifl ever lent bim tbe adze now in Court. Jtfl knew tbat be had another belonging tofl me, became I saw it about his place, butfl I never lent that even. I will not swearl tbat tbe adze now in Court is the one ifl know was there. An adze of mine badfl been in Bell's possession three or foorfl months. I once had two bags of gratsfl seed from Bell, but do not remembftrfl having got any potatoes from ;him. I ■ never got 1 cwt. of flour from bim lately* I We used to exchange articles. I did not ■ pay tbe grata s#«3 in easb, bat I paid I him kind. Two or tbree days before I leaving home I asked Bell bow we stood, ■ when Bell said he did not know, bat at I anyrate I owed him nothing. I have! borrowed a saddle from Bell occasionally, ■ and returned it again. I do not re*9 member seeing tbe auger on the 4tb, ■ nor do I remember ever having lent him ■ the auger— in fact, I never did. Idol not know if the auger was lent by mf I wife to him. I rceolleo* being at Belfrl place aboat 11 o'clock. Smart aodl Woods were there at the time. I had a borse with me, wbiob I was riding. 1 had nothing else with me, and did no* bring any bags containing any of the things now in question, to his .place, con* sisting of anvil hammers, and iron. I did not asssist Bell to remove aoy of my things to his place on that date. When I laid the information, I stated a list ot article*.. I wrote- a letter to Mr M'Gaffin, stating what things I bad lent Bell, and I mentioned if any other things were in bis possession, be mast have stotan them. I never sold r footbrake to Harris. At the time of the search I was greatly excited, and I cannot tell it it was Bell or I, who found tbe anger. I cannot remember in wbat man* ncr the most of the things were foand. John M'Gaffia, commission agent and auctioneer, residing in Reefton. I know die accused, John Bell, and also the I informant, D. M'Gabey. There was a I mortgage over the property of M'Gahey, I in tbo name of Acton Adams, but the- I chattels were not included. I went to Larry'* Creek in company with M'Gabey to take possession of bis property iv the eariy part of last month, on a Tuesday prior to the fire. At tbe time of taking possession I did not notice tbe things now produced. I did not take posses** sion of them. On that day I saw the accused on M'Gabey '& premises. Heard a conversation between M Gahey and Bell. Bell stated that he saw three email boxes with things—one containing crockery, which be thought tbat Lyona must have taken or stolen. I think M 'Gahey first suggested the probability of Lyons having tbe things, when I remarked that the house was bare oo examining it, anJ was looking for some* thing to drink some milk with. M Gabey wect over the creek, and brought Bell with him; on his return. Bell and I

M'Gahey had a conversation in reference to mmsing articles, and Bell told me that he believed they were at Lyons'— in this belief M Gahey coincided. Bell suggested that the little girl should be arted about the goods. She said that J3oli had taken them, when I after, wards asked her. Cross-examined by Mr Lynch •• D. M'Gahey did not at the time mention that he had lost any of the goods now in Court. Crockery was only mentioned. , M'Gahey admitted . having, lent Bell some articles, but not those now in Court, which Bell is charged with stealing. . (Conclusion held over.)