MAGISTERIAL.

Gisborne Times, Volume XXVII, Issue 2486, 27 April 1909, Page 2

MAGISTERIAL.

MONDAY APRIL 26. (Before Mr. AY. A. Barton, S.M.) DR UN KENTs'ESS. Alex. Hirshberg, who did not appear to answer a charge of drunkenness, ■wats, on the b'viden-co (of Constable Dandy, convicted and "fined £1 in default of 48 hours’ imprisonment. Alfred James Weston, defended by Mr. Oole.nian pleaded guilty to being drunk, and ’to a charge of procuring liquor during the currency of a r prohibition oruer on Saturday last. Mr. Coleman said the accused, on Saturday last, rescued a boy, who fell into the river, from being drowned. When the man got out ox the water some bystanders gave him some whisky and the accused took too much. Sergt. Hutton said lie knew nothing of the boy falling into the river. The accused said he could procure evidence that lie rescued the bov. His Worship said lie would adjourn the case to allow evidence to be called. On the ease being resumed Mr. Coleman called Archibald Wald, mate on the schooner Awanui, who said that he saw defendant rescue \ boy from drowning in the river at about 1 o clock on Saturday. The defendant was 'wet through because the hoy was sinking and drifting down with the tide. He did not see any drink given to the accused. Herbert Cole said lie also saw the bov rescued by Weston. His Worship said there was sortie excuse for the accused taking the liquor, hut the whole circumstances could not be excused. Oil the charge of drunkenness the ‘accused would be fined 10s with costs in default 48 hours’ imprisonment. and on the charge of procuring liquor a conviction would bo entered, hut no penalty inflicted, the accused being bound in one security of £5 to come 111" for sentence when called upon. Harry Knox, charged with procuring liquor during the currency of a prohibition order, appeared in Court much the worse for recent libations, and his Worship refused to hear the case under the circumstances, and the accused ■was remanded until Friday next. MAINTENANCE. On the application of Mr. Blair the ease of Marv Godfrey against John Godfrey, claim for arrears of maintenance, was adjourned for one month as the defendant had paid £lO into Court. CRUELTY TO A HORSE. Robert Thelwall, Inspector to the Society for the Preventation of cruelty to Animals, proceeded against John Pritchard on a charge of ill-treating a horse on March 29th., by striking it over the head with a stirrup iron. Mr. Stock prosecuted, and Mr. Burnaid defended. ' George Robb said he saw defendant riding the horse along the Abattoir Road on the day in question, and saw him strike the horse with a stirrup iron. He only saw the man strike the horse once with the iron and there were blood marks on the horse’s head. He told the defendant he should be ashamed of himself for ill-treating! a horse. Defendant asked wkat right , witness had to interfere. He saw defendant two or -three days - later when defendant apologised for anything he had said.

To Mr. Burnard: Ha was not prepared to swear that the stirrup iron had struck the horse, nor did he see ■the blow draw blood. Robert Thewall said be inspected the horse a week after the occurrence and fuond four cuts on its head. The cuts appeared as if done with a stirrup iron. Defendant admitted punishing the horse, but said he used a strap. He also said the horse had fallen down and cut his head. ' , , The defendant said that while he was riding along Abattoir Road the horse fell and rolled on the ground. He struck the 1 horse with the leather strap of the stirrup. It was only the leather that struck the horse. He was m a bad temper at the time. Charles Robert Spragg said he saw the horse after it was supposed to have been beaten. The wounds could have been caused bv the horse falling on the Joseph Norcross, butcher, said he owned the horse which had a habit of falling, and on the day of the alleged offence defendant liad said the lioise had fallen. The defendant was always kind to horses. John Redstone said defendant was m his employ for about 18 months and lie never knew him to ill-treat a horse. His Worship said he was quite satisfied the defendant did strike the horse with thci stirrup iron. He could not allow animals to he ill-treated. A fine of £5 with costs would be inflicted. In default 14 days’ imprisonment. CLAIM FOR DAMAGES.

Frank James Honan (Mr. Mann) sued J. Lionel Baker (Mr. Coleman) for £l2 10s damages to a theodolite entrusted to defendant at Muriwai to deliver in Lowe Street, Gisborne, on August Bth, last. . The case had been previously heard when a non suit was allowed, and in the rehearing both plaintiff and defendant had the right to call fresh evidence, ~ , , John It. Redstone said he knew defendant to be the proprietor of the Muriwai coach. The coach, when in Gisborne, was left at witness’ stables, where parcels for the coach were also received. James Dairymple, ironmonger, said he knew the defendant to be the proprietor of the Muriwai coach. He frequently sent parcels by the coach. Lachlan Grant said he remembered the theodolite being carefully packed for delivery in Gisbornp. George H. Norris, land agent, said he saw the coach come to plaintiff’s office. He saw the driver stop, and he heard a crash as if something lYad been broken on the pavement. He afterwards saw the theodolite broken on the pavement. He remarked to Mr. Burns that the theodolite was broken. • Oswald Burns, surveyors’ draughtsman, said he remembered the coach delivering the parcels to the office of plaintiff. He saw no one about but the driver of the coach. .... John Maars said lie was working tor plaintiff and remembered the theodolite being carefully packed before being left for delivery by the coach. Mr. Coleman, for the defence, nokl that there was contributory negligence on the part of plaintiff in not properly giving such a valuable and fragile instrument into defendant’s care. Mr. Coleman called Joseph Ed war, I Daulton. storekeeper at Mamituke, who remembered the theodolite being left by plaintiff at his store to be- taken to Gisborne by the coach. The instrument was left in an open verandah which he did not consider a safe place, as horses were frequently tied to the posts. Ram fell during) the) night the article-was left on the verandah • , James Clement said he saw unload some packages at Mi. \\ inter s "vice lie saw the coach driver hand 1 the packages to the witness Burns. He "M ■ . . •' ; ,"Y ' ;• - ■'-‘V - -

did not hear any crash as if an article had been smashed. John Callaghan, driver of the coach at the time wuen the accident was supposed to have happened, said that lie look the packages on to the coach at Dauiton’s store, Manutu'ke. lie delivered the packages at Mr. Winter's office to Mr. Burns. Some of the packages slipped through Mr. Burn’s hands. He took the case containing the the-' odolites for a portmanteaux. He did not throw any package heavily on the ground. Burns told witness to be caieful of the instruments. He remembered plaintiff complaining .about- the damage done. He did not- ask for pay nicnt for carrying the packages. Mr. Mann briefly addressed the Court and contended that there was no contributory negligence on the part of plaintiff, but that .every reasonable precaution was taken for safe packing. His Worship said he would look over his notes in the previous hearing before giving judgment this morning.