AKAROA RESIDENT MAGISTRATE'S COURT.

Akaroa Mail and Banks Peninsula Advertiser, Volume VI, Issue 622, 30 June 1882, Page 2

AKAROA RESIDENT MAGISTRATE'S COURT.

Tuesday, June 27.

Before Justin Aylmer, Esq., R.M., and G. H. Saxton, Esq., J. P.

CATTLE TRESPASS. Robert Bayloy, F. Aiming, Carupbell Brown, and P. O'Reilly were each fined 5s and costs for this offence. FIGHTING IN THE STREET. Thomas Whelch and Ange Le Basquet were charged with this offence. Constable Scott deposed that at 11.30 p.m on Saturday week he saw accused fighting in a paddock opposite Rodrigues' Hotel. They were having a regular stand up fight. A witness deposed that the quarrel began elsewhere, but he would not swear who struck the first bluw. Whelch deposed that Ange struck him first, and Le Basquet said that Whelch had called him a by liar. It appeared that the quarrel was about a man named Bell. Accused were fined 10a each. ABUSIVE LANGUAGE. J. Yewen was charged by W. Chamberlain with using obscene and abusive language. Complainant said th.it he was talking to Mr Citron, when Yewen said, without being addressed, that it would be a good job if there were a good many more Grood Templars in the place, and that complainant's house was no better than a brothel. He also called out, " What abont the watch?" referring to one lost by a baker in the town ; and had on another occasion called him a murderer, referring to a Mr Barry who had died. As every one knew, these charges were ve ,- y annoying, however paltry and unfounded. He did not wish Yewen severely punished, and would ask the Bench to deal lightly with him, but at tlio same time he wished him to be stopped from using ouch language. Henri Citron, sworn, said that Mr Yewen had called Mr Chauiliorlam'e Hotel a •• liahit'iUon ot ; prostitutes." By Mr Yewen : I am sure you said it was an improper house. Campbell Brown deposed that Yewen had called out to him, " How about the w'fltch?" He believed this was in rei'eience to a watch a man of his had lost, it wns supposed, after ieaving Chamberlain's Hotel. in defence, Ye»ven deposed that lie had been much annoyed by remarks addressed to him by prosecutor and others. He had been an abstainer for 29 years, and it was something queer to him that he could not go through the town without being annoyed. He had had no desire to insult any one, and he hoped when this was settled lie would be slowed to pass through the streets without annoyance. He did not believe l je had used the words complained of. The Bench said that not only Mr Chamberlain, but Mr Citron, a perfectly impar tial witness, had sworn he had used the language complained of. He must be very careful indeed, as by making such false statements he might seriously injure a man's character. An hotelkeeper like Mr Chamberlain might be seriously injured by such remarks being made. He would inflict a fine of 10s and costs. Mr Saston here left the Bench. CIVIL CASES. H. Piperv. J.J.Noonan. Claim £88 14s, for damage done to sheep. Mr Joyce appeared for defendant, and pleaded not indebted. H. Piper, sworn, said : I saw defendant's dogs, as near as I can judge, on Friday, 9tti of. June, coming down my paddocks. This was about 11 a.m. or 12 noon. From the appearance of those dogs I thought they had been amongst my sheep, for they looked haggard and tired, and covered with mud, it being dirty weather. I said to my sons " go and shoot those dogs," but the dogs were too keen, and they never got a chance. One dog doubled back and ran up the tramway, and the other ran down the tramway. My sons tried to follow the dogs. 1 started them to do so. On Sunday, 11th June, two dogs came down the tramway having the same appearance. I saw them. In this instance my fifth son called out to me, drawing my attention to them, saying they were the same dogs that were down on the ilth. This was between 10 and 11 a.m. I again said "go and shoot those dogs," to the two elder boys. I saw the dogs split, as they did, on the Friday, the same dog going up and the other down the tramway. On Monday, the 12th, I was speaking to one of my men, Henry Malmanche, about 9 a.m., and we saw sheep running on the face of the hill, about half a, mile away. We knew there were dogs amongst them, and I ran for my second son, and sent him up with the gun. My son brought a sheep down that was wounded both in the thigh and neck as if by dogs. I showed this sheep to defendant as a sample. The day I was out looking for injured sheep we found 22 worried. I beiieve this was on the Wednesday following. By Mr Joyce : I was on the bank above my house when I saw the dogs on Friday, the 9tb. It was about 70 yards from the tramway. They were a quarter of a mile, away when I first saw iLoin, but they came down and passed within 70 yards of me. Though my eyesight is not good, I could

;ell the dogs were (vearied, as if they had been running sheep. They looked tired, and were draggled and wot. They would have possibly had tint appearance if they had travelled a long distance. I cannot say how near my boy got to the dogs. I decline to say if the report in the Akaroa Mail of June 16th was written by me. The dog referred to as killed in that report was killed on June 2nd, before the present affair. The report is not wholly correct. It is not the same as the report 1 sent. It was altered. My sons went after the two dogs. On the Monday when the sheep were running I saw no dogs, but was sure there were some there, by the way the sheep were running. I saw 22 sheep skinned, I believe, on the Wednesday afterwards. They were between 10 chains and 35 chains away from Noonan's land. Defendant is a neighbor of mine . He has been my servant, lliere is no fence be tsveen us, but only part of a bush fence. Frederick Piper, sworn, said: I am Mr Piper's fifth son. On Sunday morning I was going over to feed the fowls, and a 9 I was coining back again I saw a dog run past the verandah, and then another one, They were Mr Noonan's dogs. I am sure one of them, a black-and-tan one, was Mr Noonan's, but I cannot swear to the other, which was a yellow one. The yellow dog had had his leg broken. I have since seen the dog folic wing. Johnny Noonan. He was following his horse. By Mr Joyce : lam 11 years of age. I have five brothers. lam not a good shot. I saw my brothers go out to shoot the dogs. They did not succeed. I was just against the tramway when 1 saw the dogs. They ware only 10 or 12 yards from me. They seemed looking for bones round the whare. I called out to Johnny, my brother, and he came. The yellow one ran up tlu hill, and the black one down. There was only one other dog about that day—our own. There have been lots of dogs worrying the sheep. I did not hear what was said between my father and Noonan when they met. By Mr Piper: Before Mr Noonan spoke to my father he asked me if there were any thing peculiar about the legs of the yellow dog, and I said the fore leg was bent in as if it fiad been broken. John Piper, sworn, said : I saw two dogs coining down the tramway on Friday, 9th, between 10 and 11. I went after them with my gun. I got a shot at them, but killed neither. One was a black and tan and the other a dirty black. I followed the dirty black. It went up the tramway. I lost the run of it, and I returned home. On Sunday, 11th, I saw two dogs, one was a black and tan, and the other a yellow and black. 1 was only a chain from the black and tan, but a good way off the other. The black and tan dog went down and the yellow up the valley. I followed the yellow dog up the tramway for some chains, and then it turned off towards Mr Noonan's. I saw him every now and again. I last saw the dog within 15 chains of Noonan's boundary. I have seen sheep lying about worried. They are wounded in the neck, sides, and thighs. All the sheep 1 saw were worried in different places, an if by two dogs. I know both the dogs. The sheep have not been disturbed since Tuesday the 13th. By Air Joyce : I remember on Tuesday, the 13th, seeing delemlaiit's two sons at work close to his house. I asked them if they thought their dogs worried sheep, and they said they did not think so. 1 said I believed they did. I do not think I said, " I do not fancy it was your dog, it was not large enough." One of Noonan's boys aaid the yellow dog was at Kingston's with him on the Sunday. 1 asked him what, time, and he said after dinner. I told him I had a doubt about the 3'ollow one. Ido not recollect saying Unit whenever my father got hold of anybody he would make him pay for the whole of the damage done to the sheep. Noonan's house is 20 chains from tho boundary. There are no other houses near. The nearest is Mr Richfield's. By the Bench : The worried sheep were fresh and had all i>een killed about the same time. I skinned 13 sheep besides those my father skinned. I saw no sheep lying about worried before Sunday, the day I went out to try arid hoot the dog. Henry Piper, sworn, said : I remember June 9th. I saw two dogs come down the tramway that day, and I and my brother were sent after them, and tried to shoot them. The dogs wont, one up, and the other down the tramway. The dojjs looked wet and tired. It was about noon I went after the dogs on Friday. On Sunday I went after the dogs again. I followed the black and tan, the same dog 1 had seen on the Friday. He went first down the valley, and then up the hill to Noonan's. I followed him to Noonan's valley. I know the dog. It is Mr Noonan's. It was a pup at our place, and I have seen it since. I did not follow the dog right home, because it was raining and I was footsore. I thought it was enough that I knew the dog. I remember Monday the 12th. My father sent me after dogs that day with my gun. He told me dogs were amongst the sheep. [ went up and found two dogs amongst the sheep. They were actually worrying the sheep. I could not get near enough to shoot them. They went to Noonan's. They were within 30 chains of Mr Noonan's boundary. The dogs appeared to be the same as those I saw before. After I got to Noonan'a land I lost the trace of the dogs. I have been five days looking after the worried sheep. Ido not think one dog could disfigure sheep as those were worried, as they were all bitten in two places, at the head and hind quarters. I have seen the black and tan dog before last winter, about the time of Mr Breitmeyer's death. It was wet weather. I have seen no dogs in the sheep since Tuesday, the 13th. .. . By Mr Joyce : I only saw one dog on Sunday. My brother John went up the hill, and I went down about 300 or 400 yards. I was more than an hour after the dog. I saw it off and on. I was within 30 yards of the dog. I should be surprised to know the dog I followed was a pup last winter. I went within a chain ofiNoonah's boundary. I saw Mr Noonan on Tuesday, and said his dogs had been in our sheep. I saw the dog I followed go through sheep. My father told me io tell Noonan his-dogs had been amongst our sheep. He said he did not think the dog. had been there, and after that he said he would shoot the dpg when he went home. I told him I followed the dog to his boundary, and lie asked Ine why I did not come to the house after him. On the Monday I was three or four chains off tho dogs. I could not see the two dogs on the Sunday. By the Bench: I first saw the black-and-tan dog about ten o'clock on Sunday. I did not see the other dog.

Henry Malmanche, a fencer, examined, said : I remember Friday, the 9th. I shw a black-and-tan slut near my house. She ran down the valley. On Monday, Juno 12th,-1 was with Mr Piper at my door in Duvauchelle's Bay. I saw the sheep scatter, and told Mr Piper there were some dogs amongst the aheep, I heard the dogs, but did not see them at the time. Half an hour after I saw two dogs. Harry Piper was after them. They were on Mr Piper's run, about 25 or 30 chains from Mr Noonan's boundary. They went straight to Noonan's. I could not swear to the dogs at the distance, but one was slower than the other. The dog I saw on Friday was Noonan's dog. It is a black and tan, with white on it, with a cross of retriever. It is a mongrel. I have seen the worried sheep. They are torn on the neck and hind quarters too. By Mr Joyce : I am in Mr Piper's em ploy. I live eight or nine chains off. I saw the dogs that had been shot at by Henry Piper go through the sheep, but I did not see them worry them. I heard tho dogs barking at the sheep, but did not see them till after they ran away from the shots. J. H. Saxton, sworn, said : 1 saw soma of the worried sheep. Mo3t of them were in splendid condition. Their muket value was 14s per sheep. I could not tell whot damage dogs would do in 'going through hilly country. In running about amongst ewes in lamb, dogs would do great, damage. It would be difficult to estimate tin-, damage. Sheep bitten by dogs would go nw;iy and die, and perhaps not be found 'tit (ill. This concluded plaintiffs ca.-e. Mr Joyce addressed the (Joint for the defendant. He said tli-il; the eviJoiiiia 'adduced tended to show that curtain does had been through Mr Piper's land. They were sworn to as Noonan's dogs, but, from the conversation between John Piper and Noon m's boys, it would be seen that the former had strong doubts whether they were Noonan's dogs or not, in fact, that he believed they were not. The evidence of the second son was the only approach to the identification of the dogs, and he was never very close to them, and when he had the chance did not follow the dogs home. Malmanche's evidence was of the weakest kind, all he could say being that he saw the sheep disturbed, and that the dogs ran up the hill when tired at. Hβ contended that on the evidence itself there was no case whatever; but, apart from that, the bill of claims ho had in hia hand claimed for certain damages done on June 20th, whereas the evidence proved that it was done from tlie 9th to the 13th. This objection was, he held, quite fatal, but his client had no desire to avail himself without necessity of the technicalities of the law. Up to the present plaintiff and defendant had been friends. For a long time defendant had been in plaintiff's service. He (Mr Joyce) was anxious that there should bo a continuance of friendship between Mr Piper and his client, and for that reason, instead of trusting to the advantage the law gave him, he would submit evidence to the Court proving that Mr Piper was altogether mistaken. He ha.l no wish to s.iy for a moment that tho plaintiff's witness, s had sworn fa'suly to the dogs ; no sueli tiling ; they had made a mistalo. They were in the habit of seeing lets of dogs of n s-imilar kind, they knew defendant liveJ in the immediate neighborhood, and vhuivfore wn it was more natural thin thitt they should say to themselves, " Oh, that's the dojr," and so fix the whole thing in their minds. He would orove thai Uiu dog.s were not at Mr Piper's on eittier the Friday ur Sunday, and could not have been t ; iose that destroyed thu sheep. His case was so strong tiirtt lie w;iis juixious to clear the matter up, and convince Mr Pip.-r of his mistake. The resptntt of his client lor Mr Piper was shown by the fact that rather tiiiin there should be any ill feeling between them, he had s-hot the dogs on the Tuesday night. He would ask the Court to remember that the plaintiff could be nonsuited at once, but that his client was so desirous to preserve good fueling with Mr Piper, and his case was so strong, that evidence would be called to convince Mr Piper he was in error and that it was not Noonan's dogs that worried the sheep. Ho would now cad evidence. John James Noonan, sworn, said : I am an old settler, and many years living with Mr Piper. On Tuesday, the 13th, I was working at the saw pit, f of a mile from my house, with Mr Richfield. My son had his dog with him that day (a yellow dog), the black and tan was kept on the chain. The black and tan was kept tied up except when let lo jse for a run. There is no fence between Mr Piper and myself. Mr Piper's sheep come right up to the house. If the dogs wanted to worry the sheep they could do it right at the door without going awfiy. " The sheep are often in my yprds. When I send the dogs after the cattle they bring the sheep in with them. 1 neve' , saw ti.e doge worry a sheep. I do not teach the dogs to go after sheep and drive them away. On Sunday the black dog was at home the whole day, and the yellow dog was away with my son. On Monday the yellow dog was with-mo the whole day, and the black and, tan dog was on the chain. On the Tuesday Henry Piper came and said his father wanted to see me. He said there had been some wheep worried. I went to see Mr Piper, and I said that my yellow dog was home on Sunday morning, and was with my son all day. I said that sooner than have any ill-feeling I would kill the dogs. By Mr Piper: I shot the dogs so that 'there' should be no disagreeable feeling. When'l dame to your house about the dogs I dfd; ask your boy whether there was anything remarkable about the yellow dog. The black and tan dog was kept j tied up; I will not say if I have any dog chains. -,|; have plenty or. chains. I have I, is true the black and tan dog got loose with a bullock ch.iin, but that was some time ago, before tho 9th of June. I swear that between the 9th and I2th of June the dog did not break his chain. The sheep do come on my land. By Bench : 1 let the black and tan, dog loose for half an hour, not more. By Mr Piper : I never told you I would not trust the slut. ■' By Bench: Tho slut did not go away with the bullock chain either on the 9th, 10th, 11th, or 12th. John Noonan, sworn, said, I am a son of defendant's. Remember Sunday, 11th June. I had a yellow dog, and we also had a black and tan slut. The yellow dog was with me all day on Sunday, the llth. I started at 7 a.m. that day, wit . s the dog, to go round the paddock au have a look at the cattle. I was away till

11 fi.m , and then I came back and went to Mr Kingston's, taking the dog with mo. I stopped there till after dark. I remem- „ ber the Friday previously. I was at work sawing, and the same dog was with mo the whole of the day. So he was on Saturday. He was my constant companion. At night I tie or shut him up. I saw John Piper on Tuesday just outside aur gateway. He said there had been <logs in their sheep, but he did not think it was my dog, as he was not big enough. Ho stopped ten minutes with us. H said nothing about the black and tan dog. He said they had had several strange dogs amongst the sheep ; they had had nine or ten strange dogs there. By Mr Piper: I cannot say what sort of a day the 9th was. I was round the (Tattle on Sunday—(hero were 20 head. I cannot swear that I had dinner at homo on Sunday. I cannot say that I went before dinner or after to Mr Kingston's, I swear I was with the dog all day. James Noonan, sworn, aaid: I was working with my father when John came and said there were dogs in sheep. He fmid he did not think our »|ifigß were big enough for the dogs. Henry Kingston, sworn, said : I know foung Noonan. He was at my house on Sunday fortnight; he stayed there four or five hours. He had a yellow dog withhim. vMy Mr Piper: It was about 1 o'clock "* when lie came. By the Bench: There is only a mile between my house and Nooiian's. It would take the boy a quarter of an hour to walk it. This concluded the evidence. The Magistrate said that he would defer giving judgment till next com t day, aSMie wished to read over the evidence. Mr Jo\ce prossed for an immediate decision, as he had to go to Christchurch, and plaintiff wnw clearly nonsuited on the technical point raised. . The Bench, however, decided to defer judgment until this day. The Court then adjourned.