RESIDENT MAGISTRATE'S COURT.

Manawatu Times, Volume IX, Issue 1120, 6 December 1883, Page 2

RESIDENT MAGISTRATE'S COURT.

THIS PAY. (Before It. Ward Esq., E.M) Two persons were charged on seperate informations with being drunk while m charge of a carriage and horse on the highway, on 21st November. One pleaded guilty and was fined £1 and costs. The other pleaded not guilty. Evidence was taken and the charge dismissed, on the ground that there was reasonable doubt as to whether an offence was committed. Ellis .lames was charged with committing a breach of the Cruelty to Animals Act 1881. Defendant was represented by Mr G. F. Hawkins and pleaded not guilty. , William Peck deposed that de* fendant lived close to the brickyard at which witness was working. Defendant owned a dark bay mare, which sometimes used to stick him | up. About a fortnight ago saw-the i mare running about with the dray, and defendant was beating her with a kind of cricket bat. He was beating her for about five minutes, and left off. Witness then walked away and went for a load of clay ; when he came back noticed the horse ly* ing down dead with blood on its nose. After that defendant buried it. Witness told him he would speak to the constable about it and defendant said he was m a temper or he would not have done it. To MrHawkins— The occurrence took place m the raerning, but I cannot say what day it was. The bat was about two feet long. Can-; not say how many blows were given! but sometimes he struck it on the head and at Others on the J rib!. I; was away about five minutes before I came back and told him it was a shame to ill use the mare. To the Bench-^-He struck the horse on the head and on the ribs about, four or. five times. Harry' Smith deposed that on the 1 da£ m question he 'saw defendant strike the horse on the head. Witness went for a load of bricks; and when he came back the horse was lead. While away he could hear the mare mnning about with the cart. Witness told him it wasa shame to koock the horse about like that, but defendant did not reply. Afterwards heard him say he did not mean to do it. Saw the horse after it died ; blood was then flowing from its mouth. To Mr Hawkins — The mart was a very stubborn one, and he always had a dirficulty m getting her to i start. He usually struck her with a thin stick, bat on this occasion used a cricket bat. Tbis concluded the ca3e for the prose- ! cation. Mr Hawkins said defendant did not deny striking the horse, but on tbis occasion he had a thicker stick than usual. It was en accident, and there was no cruelty m the matter as the aninvil died at once. A man was not supposed to be as careful of a horse as of a human being. Jbefendant was sworn and deposed that he struck the animal on the back of the head instead ot on the neck as he intended, and this killed it. He struck it about half a dozen blows with an old cricket bat. It was a stubborn brute, and would sometimes run away. He had been Amongst horses tor the last thirty five years and had never had such a thing happen before. He bad not thrashed the horse for five minutes nor did be kick it. His Worship thought that defendant had rcseived provocation, bat not sufficient to justifiy what was don<J. The cace was a very bad one, and at first he had been inclined to order peremptory imprisonment. He would however inflict a fine of L 5 and costs, Ll 15s. Defendant was ordered to be detainee* till the flue was paid or a distrecs warrant is returned. A " drunk" who pleaded guilty was fined Ll and costs, 7s. FALSE PRETENCES. J. Schoplofski, aged 12, was charged with endeavouring to obtain money on false pretences, and pleaded not guilty, J. Wa'chorn deposed that accused came into the Ready Money Store with a coat which he wished to return, as it was- too large for his brother. He did net require cash, but said he would take it out m groceries. Oo examining the coat witness found it had been taken off the nail m front of the door and belonged to the store. Then gave accused m charge. Accused here admitted that he had taken the court knowipg it to be wrong to do so. j The father of the boy was calhd and informed by His Worship that he did not wish to send the boy to prison, and he o-dered bim to receive six strokes with a birch rod m the presence of his father and of an officer superior m rank to a constable, He would also stand convicted of larceny. -ASSAULT, John Cummins was charged With assaulting Thomas Lowes at Ashurst. M r Baker appeared for plaintiff, and Mr Hawkins for defendant. Defendant was also charged with com* mitting a breach of the Licensing Act by refusing to quit Mr Lowes' licensed premises when requested to do so. Thomas Lowes deposed that on the Ist December defendant was requested by Mrs Lowes to retire from the hotel, but would not do so, and nse^ some very strong lan* guage Witness then came m and requested him to leave but he des clined, and caaght hold of him by the waistcoat and beard, and trisd to throw him down. Two of his mates also came m, and witness desisted attempting to pat him out. He was eventually got out with the assistance of one of the boarders and his own, mate. Before going he struck witness on the chest and wanted him to go out and fight. To Mr Hawkins — Defendant said he was offended because his glass of beer was thrown into the street, and he wanted his money back. I gave him the money, but he said he would not leave till he got another glass of beer. I did threaten to »send for the police, and as a matter of fact I did send for one. A Falloon deposed that he was at the Hotel on the evening m question. Mrs Lowes requested defendant to leave the ; bar at about 5 minutes past 10, as' they were going to olose the bar. All present went outside, except defendant, ' who had a glass of beer on the counter. He would not drink it nor would he leave, and Mrs Lowes threw it away. He'fchen| said he wanted his sixpence baekjE which was given to him. He then*' wanted half-a-crown before he would go, £.s he had'' 4 'shbuted " five dianksi* The half-crown was not given hiip«. After about ten minutes of this" Mte

Lowes came m, and asked him to go away quietly, at tbe same time lay* ing his band upon his shoulder. Cummins caught hold ofTjbJim and - tried, to throw him down; Afterware's defendant struck Lowes on the chest aud asked him to fight, For about au hour after this defendant uould not go away, and was fi* nally dragged away by two men. afcA about ten minutes past 12. This concluded the case for '^l&ißiSi tiff, if For the defence Mr Hawkins ad* rdessed the Court aY s6ffis T lgUgl,U*fWt .contending that his client had received i great provocation. ? - Defendant was also eworn and deposen that?' he had gone to the hotel with his mates. They were pretty merry till about 10 minutes; past 10i 3 wren Mrs Lowes came and told dim' it 1 was clearing time. She tol{i. him to drink his beer and go at once." He told her not to be m a hurry, and she .then flung the beer out. Told her he* would oot go till be ftot bis money back, and Mts Lowes tried to put him out* Finding she could not, Mr Lowes was called, aud he immediately tried to put defe3att€tff out by seizing hold of him* but' could not. Mrs Luwes afce wards kept on fcaatalising defendant saying - J^'ma- ~ frightened to stop because the pofiST-, were coming, and that she r hact* a°« cellar into which she would put* 3 him/'* 4 V "^ Francis J^orris deposed >o beihgjjjm^ defendant, on the eyempein question?*** His evidence cdrroboratedthe statement given.by defendant. On the charge for assault the case wa»~~*~ was dismissed, and i6i breach jotiX ha »* Licensing Act defendant ww, fined "tl * and costs, Ll 13s Eight little boys- were charged With throwing stones at Mr Waldittrfv graved house,' lighting a Jfire ifi his JL stable, ' breaking a .. , window* • datiH*KM* ! gingja well, the J property -of **» Coleman.; cutting ; a hose" belonfcrhg^ to Government at the ,railway u »Btp^. tion, &c. Five were disoha rge^iuff* Being under age viz under, seven , J. -.» years. Mr Waidegrave -stated ±hjfe% the cases were simply brought to make an example and ; delar / boy& >^ from damaging property." He did not however press for heavy., penalties.? a » The damage doneby ? these^fey^^ altogether amounted to' about Ll2* The boy who lit the bonfire ad* mitted having done so, and his y father was enjoined to keep a tight ' hand upon him; the one who ,c,ut hose was cautioned against 1 Cgtietf? tricks for the future; the boy who* it was alleged committed ; all/th* other offences, and whom the constable alleged to be one' '6f ith»T f* wo rst m the town, was fined 80s> land m default of payment %a* A As ordered to imprisoned io Wanganui '"*** gaol for nine days. The fine' waa H paid by the boy's father. - j, >'?*£ Judgment was en tired for plaintiff* * * with costs m tbe following cases :-~Paw S- Hoe v. Rawson, rates, L 7 13s; Saine^ v Byre, L 2 8s ; Same v T Bugg, L 216» ;.<** 6d ; Same r B Manson, L66s 5d Mr a?z Hoe also sued W Weeks for L4 7s 3d, rates due Mr Warburton appeared for defendant, and objected to tbe claim on various grounds. At the suggestion ot ""' his Worship it was rosolved to ; adjpnra/ the matter pending cqmmunicatioh With? the Property ««tax Commissioner.