SPECTAL SITTING.

Manawatu Times, Volume V, Issue 156, 27 August 1881, Page 2

SPECTAL SITTING.

Before R. Ward Esq., R.M. 1 HORSE STEALING. WHliam Augustus Cole, was eha r<jedby Thomas Pearee,; with jth« larceny «$j a b<ullie of a horse the, property of : the prosecutor. ' ' ■■'' '■'■ i; "' • Thomas Pearee, sworn, deposed 1 am a fanne^, resulin»rat-Orou», I know the prisoner, he basbeen staying with me five or s?x w.eeka, fit my place, -he.left , there on F.iflay mofninsr 1 last, the 19th." he"wps coming to Palmerstoh :U> see Mr. Hawkins, and the HVpier coach driver. He bo-rowed'nivbbV." «, saddle and bridle, to ri(?e f»s. far as my wife's neice's place", Hanjpoira, I did not lend him anythingelse, "["never heard more of him .un.ti] j Monday, when I received ihforhiptibti about the pi isoner, I then Ci»me into Pal- ; merstori, I found *v herse m a ppddock >ielons;inpt to Mr. Thomas Bngg, I found j nothinsr else m the paddock excepting another horse. I next saw the saddle and bridle on Monday, it was brought out of Mr. BtJgrg'a house to me, Mr. Bugs: told me he had purchase~d the horse, and shewed me asecelot - for. the horse, saddle and bridle. When I siaw the articles, lat once identified them 1 as the same T lent prisoner. The horse was branded ER. or "RE. on near, shoulder; it was a harness horse, the horse m,tKe'yard of the Court is the same, he is, ch#}Bi»t color, and a geldiTis, I recognise the saddle as mine and the one I lent to prisoner. I valae the horae at £12, but I" do' riot know what, hie would fetch at a sale, the saddle is worth £I^. to oje. I did not authorise prisoner t6 dispose of the horse. By Mr. Hawkins, I |ent prisoner the horse on Monday last, when 1 leut the horse, he told me he would be back next

night. . I knew his business m Palnaerston, it wat to see Mr. Hawkins relatir * to writing to England about some £200, he expected to get from home, and if he got this money, he was going to place same cattle upon my. place, m partnership, with myself. While staying with me, we 'ha conversations with refer"enct Jto what we intended doing provided we started m partnership. I had shown h;m what stock I bad on my place, the horse m question was not included among -the 'stock men ibned m the proposed partnership property. He promised to have the ho &j In Laughton's paddock, he proposed to- .valk from thert, iuio-Pal-mersten himself as he was ahpyt of funds, and did not want the expense of the horse feed m Palnaersteo. I have owned %c : horae more than four ye.irsV it was presented to my. wife, and Ij gave a Southern Chief, foal in_ return.; I identify the saddle by several defective points, and am certain it is the same saddle I put on the hoise the day- 1 lent it. If I we c going to purchase the horse saddle, and b>idle, I would 'hot' give more than £6 for it. lam positive 1 never authorised prisoner >to fcell" the horse, when leaviig my place, ,m.y v wife,-waa present, but she did not understand what took place between, being a Maori. ,By the Police— sPrisoncr proposed^ the partnership fi:;st, he wanted to • Jfiad a place to put stofii ;on, and had sent home for some money .".L. ' x ' " '"■'-" '~ ]'".','' , . By the Cou it— lajrakiiu is aqraefourteen miles distant from ' Palmer'stori,' and Laugh ion's place is about seven and a quarter, miles. . (< ., ; " James S'eddon onjbis oath, said : I met the prisoner on Simday f ev©n^g-the 21st. m the Clarendon Hotel, he^asked'ine to; buy a horse wbichibc had there, I tried the,horse and bought it. . • ' By the Pbliee— Prisoner said the horse was bis own property, And. _he had. a few more at Awahmi, m a paddock. I paid biin £4 10s, for the horse, saddle and bridle. 1 got a receipt drawn m Bugg. Bros, name, the prisoner wrote the receipt, T.saw him write itvet took possessit nof the h se at the ? same tiwe y it is \ chestnpt geidmg, wjth >:bite sjter on the forehe?d, fwo wjbite f«et and cropped mane, J, took the brand for M. „I. ha.ye not examined he biartd^particulariy; ihe hoise m the yard 'of the Ooiirt is the atuiiralin question, /I Ha v'etjust^examuied the bvflnd there, .and I ; now v believe itito be RE. . Mr. P.earce came to Mr. -Bugg' s house. o.n Tuesday ; and Claimed the horse. ' : ' ' : ; By Mr Hawkins :— I saw accused on Sunday eveniu*" about 1 5 ' oVslock, 'Mr. B.ißugg was then with: me, this ; .wa» ; in the yard of the, Clarendon Hotel, we were not more than a.; 4«art«r,crf r a^,hour makiug the deal,- 1 'trotted toe tibrse round, there were other men; inrthe; yard'at the time, Mr. Jacob was one, I cannot name the etbeis. The prisoner looked as though h\i h'*d been drinking ■hafdf>rdid not' bear any person urge prisonerito tellithe horae. During the time between the bargain being st ock, and' the^ money being paid, about an hour, I bad tonvereation with, prisoner, ..he did nofr say, .any thing fo me about anyone else being interested m the , horse. I never sawjhe horse be|ore, nor had I ever met pmoner before tHis f . : Mr Pceroc come ta-mxrr^tr-Mr^~BlTggV on J. Tuesday l«st, .ajjgut the. horse; I .consider the gtice paid by me for the animal, a far one. -By the pol'ce— when I benght the horse. , the prisoner waa quite .cpnscioos <of yr^at hewas dding. 1 The receipt was^lrawfl|in the name of Bugg Bros, becftnae -I gave Mr Bugg the preferWce" yf itlie bargain as lam living with them; 4 £The jponjey was Bu»g Bros, placed m my hands, and I paid it to prisoner. :; As a mptier of fact I boM^bt the horse for Bugg; Bros. John Blood Jacobs, on his oath,' said, Ir know the eccijsed,Tjsawhim on Satorday last, and.bad some ctnversat'on with him, "h'e'toid me' then tha'tie' w?»s /goingHo A wabmi to get a; horse, and intended returuipg to Palraerstou, be fished tojstll* tlie horse, and go to "Napier. Ido not rh'-ik he went to Awahuri.Ll saw him m the afternoon m Coombe's Hotel. I saw him on Snndky m ' Cavvel's yafdVhe 1 bafl. a horse tbo* p, lie k'ske'd if I corld fiua apnrcb?'. r^ I *jd I 1^ co n ld, fhpre wps 'a' saddle 'and- -bridle loa the, hor aat this time. SeveraJ people came, to look at the hone 'buVdicFri'oVbny. Mr. Ser'don borsrht- it eventapl'y.-= -Prisener tpld bim i^Mr. Seddon), the h«';se was his own properly, ne 'safa be had a loi of ethers, md plso .a bjock of: : .I»nd; hp further stated tbdt h'e'was a Government surveyor, ?«nd tbat { heewßed 1700 acres of land. bvf.fHcf nptstate the locajKty.j ; >n His Worship-rPerhaps, the land bad. rot been allockte'd^Laoffhter. Witness— p. wonei: appeared to/oesuf-, ferftis frqm.diink, I ' waa( present* when. tbe-horci^wai 1 trotted '6nVbut did^not hear the bargatestruekjjpycoßcr teld mek >s|^war^B he.ha^soW.it for «4,1%, 5Believe the saddle' produced is the "one which was on thtf'hort'eat the time. ; ; «y jMr. 'Pawkjns -^L :fif?t ysaw.j the, prisoner on &»&sflay morning [last, he, was not soberr^4^, I^w?s only with him a. shpijt .fjpae} and did^not. see him afte?. .% fancy' I Yaw* 'pnsoner in' Hflleorabe" some ♦ime ago. T saw blih several times on the 1 Simttoy*- 'When'- speatirig/Qf •tfie- > 17qa7' , acre* of laud, I think- bt. mentioned the 0-ona Rivet,:he saidjiothing'to letd me. tab?licv^ he..wa,s,^pa^taership s with an^Cpmta We GHHespie, ,swoTPi said, from intimation received, I arrested the nrJLCQnf r ajLthe.Clar.endQn_HoAeLon^§H.Rr day night, the ?.lst,^ r told,Jiira. I arrested hnn on suspicion df'having^ stolen: saddle, and, bridle- he was itnpid* the», I bal jpst awoke him, fram a, sleepy he; dul not : aeem t» '^explained 4o bim then^ttiat the ; horse -be«^ ! longed .to. Tom Pearce,, ,^nd,. t,^t Tom,, I and himself were partners, and" that he. (prieorier) was'gettinff'wbney;- eiitifroM, home, and would, fettle.alUbj»ut ths horse.. with Tom,' l then'lotked'hira' up, the foi-. lowjn«: day prisoner said he wajisorny. he, had sold the horse, but he : would ; get morer 7 and make it u right. ■•" ' ; " . .By. Mi- Hawkins^- BLisoner •«1»4 been drinking, when I arreited bip.^.i.;.!/ " This cpncludjid^he case fgrtb^ proie^ cution^and lfr. HawTeiaiT addreMathe, courl tirgt ■ing that tb^'bourt-ceuld^rioftf^'the fefce" ]of the evidence elicited, commit the piisouer, as the evidence of the witne»«l I had pone td/pfovfe;"tha.tHhe prwoner\yj(p, | drunk when he «old the horce. ■.? '.''> * . I His "V^orghip said^hC cpMsidered Lthert | v?as a -prinia fade, case .mg.de .ont, and I was sorry he could *nbt 'accept' the'plea of > : driinkeneai, sb'it Has" This liutyi to com■mjt. .-./:, ,;,.._. v ;■;' : \i^i ■■'■■• A eonsidtattoh ensued;' aS "to whether, the court eould'not deal summarily with, the case, hii worship xaj«jd^

otherwise. , „ Mr! Hawkins said thatvunder these circumstances he should reserve the defence. . The prisoner was then formal ly committed to take his trial a* the next sitting of the {Supreme Court, to be held at , Wangaritotr ' , J ■--.