MAGISTERIAL.

Ashburton Guardian, Volume V, Issue 1246, 25 May 1886, Page 2

MAGISTERIAL.

RESIDENT MA( I -TRAji* COURT

AbHJB ult i uyi To'Diy

(B-fore Mr H. C. S. Baddeley, R.M.)

drunkenness.

William Armstrong was fined 5s and costa for drunkenness.

AL.I-.EGED ILLEGAL RESCUE. William and James Clark were charged with having illegally rescued certain horses from the iaw iu i custody of the pouedkeeper. Mr Wilding conducted the prosecution, and Mr Crisp appeared for the defendants. Mr Crisp applied for an adjournment, submitting that the summons was only served on the previous day, and that sufficient time had not been allowed for the preparation of the delence. Mr Wilding opposed the application, and a prolonged argument between counsel endued. L Uimateiy (he application was granted, and the case adjourned until Tuesday next without costs.

THREATEXIXG LAXOCAGE. li. Meaclam was charged with having used threatening and abusive language towards Isaac Ihompson, and with having obstructed a public thoroughfare, contrary to sub-section If, section 102, of the Public Works Act.— Wilding,appeared for the complainant, and Mr bite for the defendant.—lsaac Ihompson, the complainant, said that on the day mentioned in the information he was driving a dray on the Wakanui road, when he met the defendant driving a traction engine. Witness stopped the horses attached to his dray, and the defendant stopped the traction engine. Defendant was on tne wrong side of the road, and witness could only pass the engine at considerable risk. It was moonlight at the time, and witness called out, “ re y° u fellows blocking up the road altogether ?” Defendant replied, “ Yes,” and witness then suggested that the engine should be moved to permit the dray to pass. Defendant retorted that he would like to see the man who would move the engine until he had taken in a supply of water. Witness then attempted to pass, and, as he was doing so, steam was .blown from the engine, and the horses attached to the.dray turned round and attempted to bolt. A man who was accompanying witness complained of defendant's conduct, and the latter said he would like to see anyone attempt to pass the engine ; he would knock his brains out with the poker. Vv itness then went on foot ,to ascertain what position the engine was occupying on the road. Ihe defendant used very obscene language, and appeared much excited. Witness was unable to pass the engine until defendant had completed tilling the boiler, and moved on. Defendant might have permitted witness to pass without any danger or inconvenience to himself. \\ itness was delayed fifteen or twenty minutes. By Mr White—Witness had a medium memory. He would not swear as to the exact time he was detained. He was previously on good terms with the defendant, but had a disagreement with him two years ago with respect to an account. There were about four or five feet between the engine and the side of the culvert on witness’s right side, and about sixteen feet on the other side. Witness did not like to pass on the wrong side; he always observed the rale of the road. Witness could have crossed on hia right side by passing through the water race. The engine was stationary when witness reached it. Ha could have passed safely on his wrong side. Witness did not know that other persons had passed the dray while in the same position.—This witness was further cross-examined at great length by Mr White. —John Thompson, a brother of the complainant, who was present at the time .of the commission ofj the alleged offences, generally corroborated the evidence of the previous witness.—W. Chambers also gave corroborative evidence.—This concluded the complainant’s case, and Mr White asked that the inbe dismissed. After argument between counsel, the Bench determined to hear the evidence for the defence.—.Robert Meaclam, .the defendant, said he he had stopped the engine on the road as described by complainant. While there several vehicles passed the engine. The complainant came up at the head of three drays, and demanded that witness should move his engine. Witness replied that there was plenty of room to pass, and that he could not move the engine until the boiler was filled. Complainant tried to drive across the engine hose, and witness stopped the horses and turned them back, and said he would knock the horses down if another attempt was made to cross the hose, home one then called out he (the speaker) would come down and kick witness into the ditch. Witness replied that be would not soil his hands with such a hound, but would knock his head off with the poker. Shortly after witness moved the engine. It was necessary in moving to blow off steam. Witness was at the culvert about five or sis minutes; not longer. He used none of the ooscene language attributed to him. Witness was not on good terms with the complainant, and the latter had threatened to “ have it out of him.”—This witness was crossexamined by Mr Wilding.—James Ibell corloborated the evidence of the previous witness.—William Meaclam also gave evidence. —This was the defendant’s case.—The Magistrate did not think either of the cases had been proved, and dismissed both informations v.'ithout costs.

BREACH OP BYLAWS. Frank a lad of about fifteen, was charged with being absent from his dray and uorses, so as not to retain due control over the same. A fine of 10s and costs was indicted. The Court then rose.