RESIDENT MAGISTRATES COURT, FOXTON.

Manawatu Herald, 21 January 1881, Page 2

RESIDENT MAGISTRATES COURT, FOXTON.

Wednesday, January 19, 1881. (Before R. Ward, Esq., E.M., and E. S. Thynne, Esq., J.P.) FALSE PBKTENCES. Frederick Conrad, a youth about 12 years of age, and who "lifted up his voice and wept when brought into Court, was charged upon the information of Constable M'Anulty with having, on the 15th January, imposed on Susan Feck by false representation with a view of obtaining a saddle value jfc'l, the property of Edward Feck, the husband of the said Susan Feck. Susan Feck deposed — I know defendant ; on Saturday muruiug he cume to om- house and asked if I would lend Mr Bowe a saddle for an hour or two ; I lent him one ; if I had known he wanted it for any other purpose I would not have lent it to him ; he did not return it ; the saddle produced is the one I lent to him. At this point Mr Hankins, who was in Court, offered to defend the boy. By Mr Hankins — Mr Bowe is not in the habit of borrowing a saddle from me ; as a matter of fact, I do not know whether or not Mv Bowe sent the boy for the saddle. Ellen Bowe, wife of Thomas Bowe, depased — The defendant has been living with us for about six weeks ; J last saw him between 8 and 9 a.m. on Saturday morning; my husband was at Wellington then, and is there still ; I sent the boy to weed some onions in the garden ; he did not do it ; I reported to the police about 10 o'clock that the boy had taken the horse ; I did not send the boy to Mrs Feck for a saddle ; I was surprised when I found he had left the weeding. By Mr Hankins— The boy was working about the house, milking cattle, saving hay, and other farm work ; I think my husband did not give him permission to borrow a saddle from Mrs Feck. Constable Gillespie, of Palmeraton, deposed — I received a police communication from Foxton on Saturday last, in consequence of which I searched the township of Palmerston for a boy named Conrad ; T found him riding a grey horse with saddle and bridle s the saddle produced is the one ; I was riding at the time ; I saw him on the Eangitikei line, and rode up to him, I said, " Hallo, my boy, where are yon going to ?" Fe said, " Home "; I said, " Where is your home?" He said, " Halcombe ": I asked his name, and he said it was Conrad ; he said the horse he was en was Mr Bowe's ; I asked him how he came to have Mr Bowe's horse ; he said he had been work- ' ing for Mr Bowe, and he had lont him the horse to go and see his father ; I told him the information i had of him, and took him to the station, where I again questioned him ; he said the saddle waa Mr Bowe's as well as the horse ; I forwarded him to Foxton that night by the train, in charge of Constable Mitchell. By Mr Hankins— l had no warrant for his arrest. This concluded the case for the prosecution. Mr Hankins did not address the Court. The father of the boy, who waa in Court, was called up by his Worship, and said that he considered he was able to control the lad, who ran away from home partly because he waa beaten in error, and partly because he did not wish to go to school. The Bench said the evidence was not sufficient to convict the boy upon, and consequently they could not send him to a naval training school. If the father of the boy wished to do so, he could apply for the boy to be scut to a training school, and the Bench would thereupon consider 'is applic.vion. The present information won ltl be iliamUaeu. The father »;iii.l he had uo doubt ho could manage the lad. He would have como to Foxton for him before, but for a lack of means. The boy was then discharged, after a kindly caution by Mr Ward. A W\SI>EKIXr. llOli-j:. Henry Blake v. Birchley.— Claim £?> 9a, for injury done to plaintiff through defendant's horse trespassing. H. Blike deposed— O i the morning of October 2(5, I heard a tramping of some cattle in my garden ; I yofc up aud saw a horse there ; it was a dark chestnut, with a peculiar white saddlema^k on one side ; in jumping over the rails, the beast lodged on the top one, .and when the rail gave way I was struck on the back by a piece ; I was incapacitated from work for 7 daya ; my labour is worth 8a per day; I never before had an injury in my back ; I reckon the amount claimed as follows — my own labour 48s ; cash paid to Pardon, ISs ; same to Tavlor. 3s. By Mr Hankins— lt was Jialf-past 5 when the horse got in ; there was another horse there ; I think they got over the slip-panel they must have jumped it ; thky could not easily have rub":ed it down ; they were in a small Daddock ; the top rail was in the mortise at one end, and the other was resting on the second rail ; the horses were grazing near the slip panels ; the horses seemed to know they were doing wrong ; they had more knowledge than theirowner ; I was iv Foxton the same day, but walked with two sticks : I have not offered to square the claim for the sum of £1, nor for any other sum, except when I asked Birchley to settle it ; he said, "Do you think I am an ass ?; " the cricket ground contract 1 had was worth £6 8s ; I could have finished it iv a week. By the Court— The first horse was a big one, and got out easily ; I am certain the dark chestnut was the one that injured me. Mr Hankius asked for a nonsuit on the ground that plaintiff had by his own negligence contributed to the injury, by carelessly going up to the horses. J". Birchley deposed -— On the day in question I believe my horse was at large ; a few dayß afterwards I mtt tho plaintiff ; he told me he was hurt in driving my horse out ; I told him I was sorry for him, but did not wi3h him to lose by it ; the same day or the day after he appeared to be all right ; subsequently he asked me if I was going to settle the matter, and I asked if he thought I was an aas. The Court aaid they could not consider plaintiff guilty of negligence, as it was a most natural thing for him to desire to put the horses out of his ground, and to do so he had to reach the slip-panel. Judgment for plaintiff for £1 and costs, 7s. CIVIL CABE3. Hoeta v. Tiopira.— Claim £2 4*. Judgment by consent for amount and costs, 17s. Same v. Popnand Tiopira. —Claim £2 2s. Judgment by consent for amount and costs, 17a. N. Bartlett v. W. T. Bull.— Claim €10 16* 4d. Judgment confessed for amount and costß. 375. To be paid as follows— £3 on February 19, aud 30s per month afterwards. Sttvwal ettwr caw w«w witkdmwa*