MAGISTRATE'S COURT.

Dominion, Volume 1, Issue 172, 14 April 1908, Page 4

MAGISTRATE'S COURT.

• POLICE CASES (Before Mr. W. G. Riddell, 8.M.) ALLEGED CRUELTY. TQ PIGS. : - METHOD OF DISCHARGING,'' George' Wilkinson, mate of the steamer Blenheim, was charged that, on March 17, it Wellington, ho did' cruelly ill-treat certain pies while discharging them from tho rteamer Blenheim. | . Mr. Ilordmau appeared for defendant, who pleaded not guilty. ->-, ■ Sub-Inspector O'Donovan, who conducted the ease for the prosecution, stated that tho iilfot mation was laid undor Section 7 of the Police OfFonces Act, ISS4. Defendant, who was mate of .tho steamer Blenheim, plying between Wellington and Blenheim, had discharged the pigs by means of a rope slirig, the rope being placed round tho animals just behind the fore-legs, the whole weight of tho 'animals falling, on this ropo as the pigs were. swung from tho vessel's deck to the wharf. .. Constable Jones deposed that he was on duty on the Queen's Wharf on-March 17, and saw defendant in charge of the unloading of eleven" pigs of an average weight of 1301b. from the'steamer The pigs wore caught, .in'd a rope, placed round them close undet the shoulders, with a running noose, : a irir®' I"S S were swung into the air •it j® •' fie''steamer.tho'iropb,' was pulled closer. The ropo was about ari inch in diameter, and the pigs'were : squeezed up in such a manner, in the opinion of' witness, as to be .cruel. . Tho animals squealed; a great deal, but witness was aware that they did not always squeal because of pain. To Mr. Herdman: The timo l occupied in the operation of landing would be nearly, a minute' for • each .pig! Witness ' did not examine tho animals after they .were landedi The method generally adopted was to iise a canyas iband 'or a rope sling . without a run-: ning noose.

;John Jeffries, police. pensioner, was,.'pro-; sent when some of the pigs in question were being landed. Witness, had been stationed at Nelson, and -had soon a large number, of pigs handled. He had" seen , the pigs'landed in a box,, something 1 after' the stylo of . a horse box, but smaller. j'-'. To Mr. Herdman: Witness on one occasion brought: a caso' aty Nelson against a man for slihging pigs' by the hind-leg. ' ' The information was dismissed. ' Witness' did not think the: method; adopted by' tho'mgte of' ( tho Blenheim was ,is cruel as, slinging the .animals'by the leg. ' ';■'' : , V Mv. 'He'rdman' urged' that the 'custonr usually followed was tlio samo as -adopted defendant'. ' The,question'.for the; Court, was whether the manner of treatmont ,amounted to;cruelty. '■..."A fairly thick rope was placed round the body of the 'animal just behind the shoulders, aiid the whole, operation ■> of landing only lasted; a few' seconds.... If the animal, was. bruised or,', cut 'it miglit"'bo contended, by 'the prosecution /that there had been cruelty",but:there was no evidence that any/of, the,animals'.wero,xufc or even bruised. The case was'of considerable importance' to the owners ,'of small steamers trading from Nelson and Blenheim,' tho cargo' of theso stcaiiiers frequently comprising small pigs. If the Court decided that the present method of landing the pigs was; cruel-it 'would: be necessary fot the owners of the boats to; go but of tho pig trade altogether, or, 1 at any rate, to provide some-much mow expensive method. -.

"■■'George - Wilkinson Considered that ,tho time taken swinging a pig from tho deck of the Vessel'. to 'the' wharf would, be about thirty secf'hds.'The animals'certainly .squealed, but they did this if you. went 'near them. : Witness did not think' the animals , suffered nearly as-much" as 'the noise' might■'. make some people-believe. • ,The method witness had adopted was the 'one generally in use. He had' novOr'hßai'd of'•ihfl'-riiothod' outlined by Mr:'- 1 Jeff pigs., '; The persons rfto .twhortstiio-: pigs-More' s consigned had i-nevcn'iconipbianed riof .'.-thai animals; -.being bruised. ■ . .' :

' : A' V Dowell/ .Waster of; tlic , steamer: Huia; T?.. Hart, master of the Manaroa; .and H. .Watson, | master. of , the.. all gave cvidcnco: as'-.; t6 ■tile methocL adopted by. defendant being ; the, same*-'as ■ was 'generally ill., None of : the■.witnesses', considered the ' method cruel. -Two.: of ; the witnesses admitted- that .the'.box' arrangement ' would .but inconvenient.' , Wm.' J. Hanion,•'•'head';"of": the Shipping Department of Messrs:; Johnston 1 and ' Co., agents' for'; the Blenheim,< stated that'- during 17. oiv-18."years'experience: thousands -of pig.v . had'; gone through'; his hands; ; and,- ho had noyer had.'^a'complaint ; from .consignees of the pigs /having booh cut or bruised. •',» His''{Worship remarked that in ordinary oase.?; : of cruelty, as a'rule, the evidence showed; cither marks of-' cruelty,: or. expert evidence. was'. called',- to show that ~ cruolty hail been. inflictcd. In the present .case there'. was no ';, evidence . other than''that of tho constable :to"show' tha£ the pigs suffered an; injury.; .nor' li'ad' any > "evidence of '-.any oonsigneo been" called to show the 'animate had suffered ' injury. . It' was;kiiowh; that pigs created a' great . deal ofrioiso' for very little reason.," The .volume of'noise .was • not' a'n : indication', of the amount of pai/i, .as;.;.al-. though the' pig might be suffering ■a" little v.-hort hoisted into mid-air, it would yet:make a great noise; It'seemed ,to His Worship that,'-'although some' other jrtethod might bo adopted, it was impossible on the evidence •before tho Court; to say that the pigs had boeii cruelly treated. ; Thus ' the evidonco fell short, and on that ground 'the. information must be'dismissed.

ALLEGED THEFT OF A LEG 'OF MUTTON. INFORMATION DISMISSED:' Elizabeth' Elford pleaded not guilty to a cliargo of thoft on, April, 11 of a log of muttony valued at 3s. 6d., the property of Frcdk. Jas., Mann.. ./.'Mr. •■Ajson' appeared .for-. ;tho defonce.' It was statedthat defendant went into informant's, biitchor's shop, oh Saturday night, .and purchased soma goods, and cri: leaving . the' shop gathered up tho leg -of mutton, and look it. away '-Villi hor. '' For tho defence .it -was ■ contended '' that ' accused went into •>tho butcher's .shop to purchase somo meat, and deposited a number of parcels oh the counter. Sho paid for her' purchases, and packed up tho parcels; and in mistake also ,to6k tho'leg of mutton, which had beei'r bought by, another customer and left to be . called for. On-.arriving homo the parcels wore all placed on a table, but were not opened immediately When they were opened it was found that tho leg of mutton was ; amongst tho parcels, and defondant 'thought the - butcher • bad - given it to her in misako. ' She asked hor son to tako it bhok, but he would not, and when sho was waiting for her-husband to como in,' in order to send him back , with it, Dotectivo .Williams camo in and charged her with the theft of the mutton. She, had 110 .intention of keeping the nuitton. • ■ His Worship dismissed the information, remarking that there was somo doubt, about tho , matter, and defendant must get ; tho benofit of tho doubt. - : BREACH OF TIIE COMPANIES ACT. ' For failing to forward to tho Registrar of Companies its annual list of members and summary for IPO" Iho Dnmiovirko Co-opora-tivo Dairy Co., Ltd.. was- convicted nnd fined £1, and costs £1 lis. (id,- Defendants admitted having overlooked forwarding the return. Mr. Fell appeared for tho prosecution.. MAINTENANCE. Thomas Montgomery, charged that he. was about to leave the Dominion without making piovision for 1 the future maintenilr.eh of his unbbrii illegitimate child, wns adjudged the. putative father of tho child, and, was ordered to find security ill a bund for i'so, or two sureties of "£25 each, , that ho would provide for the child. The default was G:;ed at two months' imprisonment. Bofeiidaut was ordered to pay. costs, £2 2a. - . MISCELLANEOUS. - John Findlay appeared on remaud charged with boing a'rogue and vagabond within the moaning of..tho Polico Offences-Act, 1884, in that he was found by night without lawful oxetiso .ill a railway carriage iii the Welling- • ton railway yard. Defendant elected to bo tried by a jury, and was remandod until Wodnoadai*

Henry Titsliall, for- indecency in Lambton Quay, wap convicted and'fined £2, in default 14 days' imprisonment. A prohibition order was issued against Harry Turner, to have twelve months' currency in tho Wellington, Newtown, andHutt districts. - For ii.sobiiet.v, George S. Scbofield was convicted and fined 205., in default seven days'- imprisonment. Wm.. M'Kay, for a similar offence, was, convicted, and fined;los., in default 43 hours' imprisonment.! ~''Nino first offender-' were" dealt with. - Four weio convicted and fined 10s., in default 24 hours' imprisonment.. Four worn' convicted and finedoors r and one was convicted and dis-. charged. ' ' A COMMISSION AGENT'S BANKRUPTCY. . ': V ; " MEETING OF CREDITORS. Tho first meoting of creditors,in tho bankrupt estate of.Robert John' Munro, 'cpmmission. agent, Palmerston North, was held at tho Official Assignee's" office yostorday. Tho Assignee, Mr. A. Simpson, presided, and Mr. Lcvvy appeared for bankrupt.- ; •• Tboro' yao only one creditor, present attho; commence-

1 mont, but anothor camo in later., ' i ; -- The liabilities amount to £421 ;JBs., there ' being no assets. The following are tho *• creditors (all' unsecured)Brophy and. Mow- ; leni (Palmerstoir North),. £95'; Te Aro Loan ' Company (Wellington), - £55;-- Fairbura ' (Wellington), £6 55.; A. Harrisoti, (Wellirigton), £10; 11. U. Harden (Kimbolten)';';£7(j; T. Kerslako (Palmorston North), £5 l()s.; T. Parkins,, butcher (Palmerston), £65;-E. Uot- . 'hard.(Woodville), £6. Bs.;'A., de Luon (Piil- ' merston), £5 ss. ;.Tombs and Grubb (Palmer- , fton)V £16; D. Pringle (Palmerston), £11; Playlq'Bros., tailors (Palmerston), £5 10s.; ( - Bell, Gully, and . Cooper' (Palmerston), £6; ■ H. Bryant's estate (Palmorston), .care of Rutherford -and,Connel, £65 ; total, £421>i8s. ( In a written statement, ; '.tho debtorsaid 'that in August, 1904, he exchanged ono of: his farms at - Fitzherbert,:' beingi Section-.1,76, Block 15, Arawaru, comprising 108 acres sub-. ; ject to a mortgago for. 314 acres' -at'Taonui. ,' also subject to 'a< mortgage. - nHe took second |l mortgage for £900 over, the-Fitzherbert place : by way of equality. The ; on-tlio, latter I place was -soldi through. Abraham: and Wilr hams, to whom he was indebted: for ; about tho. full -'amount realisKl. '- vHe .then' exchanged , the 344 acres for 250 acreo .at Feilding, and-a :lease-in-perpetuity-section- . at. ; Ohakune—no '-'sum passed ,by. way,- of• . equality-in :|his;transaction.i-.The Ipglew'opd • . mortgagoeowing todefaultjunder, covenant, .mortgage and bought in by . Bankrupfc.receivod nothing out 'of-lthifc trail?-. . action. Ho' then exchanged the Oliakune and the; liaponga- placeq, . ; mentioned-;. be!ow-,- : .for 9000 acres in the Waikato subject to.ia first mortgage of'£6ooo,- • and' a imdrtgaga of £2000 ; he . paid £50. .by , way , of- equality. Interest on theso mortgages c'amo.'dne, 1 and. as ho '-was' unable to moet- it .the- mortgagees , threatened proceedings, "and,-finally,- 1 jio.-taok 1 four sections at Ti'ontham'in.settlement oftbis interest ,in the land, and ' £100 -was-, raised on theso sections: "lhe interestVon this becamo in*arrear, and the-pgehts '.^ho,el!cet«l the deal with the' Waikato I property took- the sections over, releasing him from, liability oil tho mortgage.': He bought-a-'''section trbiu Bri-scoe at Awahuri of 60 acres at' £19 'per acre, paying £115 deposit; _the balanco'being : seeuretl on , mortgage.- This '- wa3 exchanged for a. 72 : acre farm at :Asbhurst,-: subject to imortgago.. He took. second • mortgage : over the Awahuri place for! £450;; by ..way .of equality. . .In Septomber, .1904,: he exohangeil. the ..Ashburst ''place v and- £900 second', mort - gage on : property- at Fitzherbert to Twist-le-ton;for his• farm : at- Fitzhcrbert. This- farm • was exchanged for one at,'Urcuui, r Taranaki, - tho ; vendor, leaving' about' £450 second mortgago.,'- This'-Urenui^place' and' 62-acres'. in Ashhurst, which bankrupt had purchased from ono Ross in September, 1904, ho<oxchange*;! te^De3n;,Sh.ute.\fQr;ainiilfi'sharo in a place ■atlfaponga. and-, shop -in- Rangitikei Street, PalmMston. gaye Allman, who held';.the;>6tber-.!h'alf 16 abrea ' .in/ Feilding, - the _ shop'.-.in.i Palnierstoii 1 North,' : and an - amount ih; cash {.for -his "half< interest, leaving,£sso on second mortgago.!' This.place went,in tho Waikato deal:--.' 'The '427, acres- at 'Fitzhoi'bert; ; subject'' to ,a mortgagCi of -'.£2050, was; still 1 hold,: and it,.was ; leased- with [a ipurphasing clause at £8; per. acre. .--Tho . lessoo . sold his interest,' and-the.purchaser paid -him about ,£l3oo' in August,-1905. i He:, paid off about £450 due on second mortgage on the Urenui-plaqei, and ithe: second-mortgage on tho Awahuri place was exchanged, for a section of three acres at Hokowhitu,-for;w-hich £60 was paid in -'cash; this : was, afterwards sold for ,£3so.,' . Hp then' ; bought 200 odd 'aereo at To Wi froin Monrad; Bros., and paid them a {'deposit pf- ! £500,"and/tho remainder'was ■ left on, mortgage: This : placp- fell, back into the hands of Monrad Bros./ who , sold, and Munro received' about £150.; .Last year,- lie purchased. 30 acres at Karori for' £160 an ,acre, paid;'£so: cash, £950 t-o bo paid in a month;'arid;£7so in six months. { Before tho £950 came': due, ho' sold {10 acres : -; at' £300 aii acre,- the buyer, paying £1000 in'-cash, and- before' the £750: came due/: he s6ld]:a,half , .share:for:£looo. .Peers sued him'for promis- , sory note for £360 lie had giren t-o Whishaw. Bankrupt' then lot his' partr.er■ in ,this'.!an<l take-over h'is 1 interest-on'paying that'aiiiourit.. The claim of Messrs. Brophy -and ,-Mowlem . for -.'£9s,upon • which the petition , was .filed, ■represented{'{ commission { duo> to, th'emf'oE ; eifectirig tho exchange of tho Waikato property, which proved so disastrous. The oulk of tho claims also represented commission'duo to lalid agents.' ■ ■' 'In. his' evidence, bankrupt;statcd{that when ho started business ho liad-no:liabilities; lie had'assets in land and 'about ; £2OO {in Vca.sh. Ho kept no books,' relying simplv upon- his bank account.; He ha<l no land : or;>prbi>erty of any'description; and he oould not ! mako ■ any,offer to.his creditors. . Ho was a married man with a wife and four ebildren, furnitwe thcro. was in tho house bolonged to • his'jwifo, .who had means v of {herown;' •>, " You were, _all right whilo 'land -value* wero up; and {in tho soup when thev went down," commented the Assignee. !"' It.'s a ' case of'heads I win; and tails you loso."Tlie Assignee remnrked on the-fact 'that tho petitioner was] not ropresont'ed.':'':,'.' -.-.V Bankrupt was ordored 'to make up a'stated' ment of his affairs and submit it to' till Official Assignee within a fortnight-. •?' , ' , •' ; Tho meeting ,was' adjourned sine dio. .; TE ORANQA AND BURNHAM. I.:. " VCommenting on Mr. Fowlds's promise of additional buildings at To Oranpn which will make classification possiblo, the Chnstchurch '-'Press" remarks:— :

" Wc : cannot forget that in 1906 Mr. Bishop recommended hotter, classification at Burnhamj arid thattfears beforo that-wo had had Ministerial promises . that this" work,too, should bo put in hand, yet, so far as faoilitios: for, classification are concerned,> Burnham to-<lay is 110 better ofF than it was before t!to Commission sat. Indeed, we believe it is in this respect in a worse condition" than it was then or than it has ov6r boen,V for it is badly overcrowded. There are at present in tho institution,' we understand, 128, or 129 boys, while there: is 'reasonable; accommodation for only about 100. Overcrowding would bo bad under. any; circumstances,. but wo doubt whether it' could' anywhere. bo worso than in a reformatory of the natiii-o of Bur'nlinm. Tlio conditions 'now obtaining -there must largely nullify all tho efforts of tlio management to proinoto'the- reformation of the boys, aud_ though.it is understood that plans for making some classification possible havo been drawn up, tlio long delay/that haa already, 1 , occurred does not make .us ' very hopeful that- tlio work will be put'in , hand' speedily,-.' nor that anything practical will coiiio. yet- of all tho. fair promises concerning To Oranga. v,.' ' ■. " Can tho Minister'' not wake- up , liis 'Departmental officers? Tho .work, of'roform is to a largo extent 'at a'..standstill .in . Burnham,arid tho blamo ; must rest on who-, ever is 'responsible for tho grievous dnlay in carrying out repeated Ministerial promises." ■ : t Tlio old spirit which imbued the enlisting • soldier with a, fine thrill' of, pride has, been crowded, out of tho nature or tho,:" averago man'. 1 "-. Tho glamour: of' a soldier's life 'has •waned and died, buried away in ' the , past with the knee-breeches and cocked hats'of our'.herb• -Hainiliipn, Bermuda, ' ■' ■- '-