MAGISTERAL.

Gisborne Times, Volume XXVII, Issue 2517, 2 June 1909, Page 6

MAGISTERAL.

TUESDAY, JUNE 1. (Before Mr W. A. Barton, S.M.) DRUNKENNESS. 1 A first offender, who pleaded guilty D a charge of drunkenness, was fined s with costs 2s in default 24 hours’ nprisonment. Ernest John West also pleaded guilty 5 bein" drunk on Monday and was ned l(j3 costs 2s in default 48 hours’ Imprisonment. > \ PROCURING LIQUOR. last defendant also pleaded to a charge of procuring liquor , -the currency of a prohibition M \\ia!f of the defendant Mr T. A. q\ said West met with a slight t on Mondav. and on that actook the drink. Once the man M a glass he could not resist the cation of taking more, i.e defendant admitted three pre.s convictions. i'r. Coleman asked that the defendLt might be bound over to come up ;or sentence when called upon. His Worship said he would give the lefendant a. chance, and order him to x>me up for sentence when called upon.

MAINTENANCE

The. case of Mary Godfrey v. John Godfrey and Fanny Weston v. Alfred Weston, claims for maintenance, were bn the application of Mr Blair, struck out.

mPOUNDING CASES.

FARMERS AT VARIANCE

Hugh J. Binnie (Me Burnard) proceeded 'against William Jones (Mr T. A. Coleman) for £2 damages and 13s 6d trespass charges incurred through the defendant impounding nine cows at Ormond on May 4th last. In a second information the p’aintiff alleged that the cattlo were illegally impounded. The plaintiff said the cows in question were impounded on May 4th. Ho went to release them, and paid the fees demanded, a total of 13s „6d. /The paddock from which tho cattle were taken was not properly fenced. The cows cither got into the paddock through the gate or from the road. The paddock belonged to Mr. Caesar, who had given witness notice that any ; stray stock found on his land would bo impounded. Cornelius Neenan said the mtormant’s cattle were impounded on May 4th by defendant. The defendant supplied * the particulars for the pound book and signed the entry. The pound book' showed that six cows were impounded fro.in Caesar’s land and three from the road. The pound fees amounted to 13s 6d. Mr. Caesar’s padI dock was about two miles from the P Coleman: The defendant was the ranger to tho Ormond Road Board. Arthur Devery said he knew Mr. Caesar’s paddock from which tho cows were taken. The paddock was im- . properly fenced. [ For the defence, Mr. Coleman held that the paddock was securely fenced, and the cattle were trespassing. Julius Adolph Caesar, farmer, of Ormond, said he had given Ins employees instructions to. impound all stray stock found on his land. The fences were legal fences, and in good repair, and stock could not get into Lhe paddock through them. A corner of the fence had become silted up. That part of the fence was about 2rt Gin in height. His paddock was about two miles from the Ormond pound. To Mr. Burnard : He did not authorise defendant to impound the cows. The defendant said he found some of the cattle in question on the road, and some ill Mr. Cuosar’s paddock. had never examined the fence. He was told to impound the cows by I redcrick Parsons, an employee of Mr. Caesar’s. He had been ranger to the Ormond Road Board for two years. Fred Parsons was his brother-in-law. Frederick Parsons, a dairy contractor for Mr. Caesar, said that on May 4th be told defendant to impound some cows out of Mr. Caesar’s paddock. The fence, with the exception of about two chains distance, was in good order. His Worship said he would reserve his decision. A third information Avas then heard between the parties for alleged illegal impounding of 14 cows on May oth. Mr. Bumard said the objections to the impounding ivere that proper particulars had not boon supplied, and the pound used Avas not the nearest accessible pound. Tho cattle had been impounded from the public road. Plaintiff said ho released the cattle from Ormond pound, which was not the nearest pound to, the Waitui road, where the cattle were straying. Tho pound book sliOAved that the cattle had heen driven seven miles. Mr. Burnard said he Avoud admit" that tho Ormond pound Avas nearest to the road. Cornelius Neenan, ponndkeeper, gave evidence that he received the cattle at the pound. The Waitui road Aims not under the control of the Ormond Road Board, but the Waikohu County Council. George Warren, clerk to the Waikohu County Council, said that no portion of the Waitui road aaws under the control of the Ormond Road I3oai d. The defendant had not heen authorised bv the Waikohu County Council. Mr. Coleman called the defendant, avlio said he impounded the cattle on the Waitui road. He took tho cattle to the pound, via Ivaitaratahi, because tho river was in Hood. The distance driven was over seven miles. He- arrived at the pound at about half-past 12 in tho morning. The pound Avas closed, so he put the cattle m Ins own paddock until morning. Rupert Parsons said he Avas with the defendant when the cattle were seized on the Waitui road. The road Avas fenced on both sides. Air. Burnard called rebutting evidence as to Avhether the road was fenced on both sides, as required’to allow any person to impound stock, under tho Public Works Act. - , The defendant gave evidence that , the road was not fenced. Messrs J. A. Caesar and Alexander , Parsons also gave evidence, and His ; Worship reserved his decision.