RESIDENT MAGISTRATE'S COURT.

Inangahua Times, Volume X, Issue 1602, 18 September 1885, Page 2

RESIDENT MAGISTRATE'S COURT.

(Before F. Bird, Esq., R.M.) Thursday, September 17th, 1886. This was an information charging defendant, A. Breen, with the wrongful detention of money belonging to complainant. Mr Lynch for defendant denied the charge. Henry Calllaghan : On the morning of the 4th instant I went to Breen'g Hotel and had a f«w drinks with him ; wh had two or three throws with the dice, and then I went to bed, and when I got up in the morning my coat and vest were at the head of my bed, and my trousers were on the foot of another bed behind the door; searched the pocket of my trousers and found only 4/6 ; dressed myself and came out and a»kfcd Breen if he took any money out of my pocket uvA he laughed with a son oi air, and said •• you yankee grabbed" it last night. ; I hit bim and his missus came out and I

let Breen go ; she then said she had got £2 of the money ; I theu went away and after served him with a notice to deliver up the money by 1 o'clock or I would place the matter iv the hands of the police ; I went to him in the afternoon and gave him half an hour to produce the money, and as he did not come in that time I went to the police. By Mr Lynch : I owed Bie.m some money at the time ; don't, think I owed him £4 16s ; I have a very good idea what I owed him : \\3 gave me an account for £ 4 odd, bat I tore it tip mid threw it away ; lain certain I did not give Mrs Breen £2 on the night iv question ; did not say in the presence of Mrs Breen ur-d Downir that I would pay him the amount bat would thump > him first ; deny ever having made Bach a statement at any time ; did not make it in Downie's presence ; did not take off my coat, in front of Downie to show him that I w.is going to thump Brenu ; .lid tell Breen that I was annoyed at liis looking for me ; did not males tlit? observations referred to on any day ; whs not drunk. By the Bench : I am quite certain I had £7 on me when I went to bed on the night in question ; I had dunV but was not drunk ; knew what I was about. This closed the case for the prosecution. Mr Lynch for the defence submitted that there was no cam whatever against defendant ; the evidence was that Mrs Breen had received £2 of the money, but there was not a tittle of evidence that defendant received the money; there was another important fact ; the information in this case was not laid until after an information for assault had been laid by Breen against complainant In reply to the Bench Sergeant Slattery stated that defendant bore a good character. Hia Worship concurred that therp was not a tittle of evidence against defendant, and dismissed the in formation. Henry Callaghan was then charged by A. Brein with assault. Arthur jjreen : Recollect the 4th instant; Callaghan was at my place on that day ; he was in the habit of getting meals and refreshments at any place, and owed £4 16s; I was carting wood on the 4th Sept. and when passing the hotel saw Callaghan at the bar; ou returning from work that evening found Callaghan asleep, and he got up and shouted a diink or two and then we had a game of cards or two ; my wife then spoke to him about the account he owed, saying we wanted money ; he handed her £2 ; he had several other drinks and was drunk, and later I took him to bed ; he was quite helpless ; on the following morning became out and asked me if I took £2 out of his pocket ; I of course denied having touched his clothes, and he then used very l»ad language and kicked me in the face and on the shoulder ; the only money I saw on him on the night in question was the £2 he gave ray wif« and £\ he handed me for drinks. By defendant : I was stooping lacing ray boots when you kicked me on. the shoulder., j -- - By the /Court: Defendant had no drink on the morning in question prior to the assault. Mr Lynch said he did not think it necessary to call any further evidence. His Woiship said defendant having pleaded guilty the only question was the measuie of punishment. Defendant was no doubt still *uilering from the effects of the previous nights drinking at the time of the assault Fined 10/-, in default three days imprisonment J. McMahon v. B. McMahon. Action to recover £8, value of a cow, alleged to have been wilfully de stroyed by defendant. Mr Lynch for plaintiff, Mr North for defendant. Brian MeM.ibon : Engaged defendant to fell bush for me ; he fell a tree on a cow of mine aud killed her ; value the cow at £8 ; the day before lie swore he would shoot or kill one of the cattle ; he never called out to us to drive the cow away ; the tree was about 85ft long and the cow was in clear ground at th« time, and could not be there without defendant seeing her. Cross examined : Defendant had not half finished his contract ; he felled the scrub first and then the big trees ; the tree? were felled across each other at any angle ; defendant did tell us on the previous day to keep the cattle away from where he was working ; we k»*pt the cattle away as well as we could, but they got in unknown to us ; defendant did Ray that my pigs were going about his hut and eating his tucker, but be did not say he would shoot the pigs. By Mr Lynch : There was other cattle there when the cow was killed. By Mr North : I did not see the cow killed ; saw her on the following morning. Timothy McMahon : I am son o! the last witness : on the Bth July last I was at the farm and found one of our cows dead ; she had been killed by the fall of a tree; the trunk of the tree at the base would be about 2ft ; we stepped it and the cow was 27 steps away; don't think it wa« 97 yards ; ; she was in the op<fh land when the tree . fell ; recollect hearing defendant say a day or two before that he would shoot or fell a tree on the cattle ; did our best to keep the cattle from him, but but they broke away on that afternoon ; defendant admitted that the cuw had been killed by the tree : he said he did not see the cow ; you could not sen the cow until going to her ; the branches covered her ; the cow was worth £9 or £10 of any man's money ; two other cattle were with her on the day in question. By Mr North : When ms first spoke i

♦o defendant be said he knew nothing j about it ; defendant stepped the dis ' tance from the stomp to the cow and made it 27 yards ; a fortnight More defendant complained to as to keep the cattle away ; defendant said our pugs were going to his tent and threatened to shoot them. This closed the case for plaintiff. Mr North having opened the facts | for defence called. John M'Mtthon: I had a contract for felling timber for plaintiff ; on the day of the necid'.uit ; I had driven oittle away ; did not see the cow in qnestion until J.'irj fuilowin^ nummi?: the cow was standing un amouu the K»ws jii«t as if she was alive ; the gronnd w level bat the boughs were not lopped and were sticking tip Bft or 9ft high ; a man 6ft high could be on the land and not seen : warned plaintiff to keep the cows away or there would be an accident ; never threatned to shoot his cows; did threaten to shoot his pigs becanse they were annoying me »»y eating my tucker ; swear positively I never threatened to shoot the cattle or fall treason them. This closed the case for the defence. C -him sol having addressed the Court npon tlv 'aw and facts. j His Worship said he was unable to j see thai ;te^Mtda»»t had l>een guilty ,>f I aoy negti^i <:• in the matter. He hud i warned plain > iff to keep bis eattla away. H»- re«arde<? 4Ki> matter •« a pare aceWentauf betievM there would have been no acti i) brought for killing the oow, bat for the <!ispute about tbe i acreage in a former c«se. Judgment for defendant with costs.