RESIDENT MAGISTRATE'S COURT.

Daily Telegraph (Napier), Issue 3633, 5 March 1883, Page 3

RESIDENT MAGISTRATE'S COURT.

Tins Day

(Before Captain Preece, R.M.) ILL-TREATING ANIMALS. AViniata te AVharoa, Hori Tanguru, and Irimaua Ngahon, were charged with having, on the 20th February, ill-treated certain animals, to wit tAventy sheep, the property of George Prior Donnelly and Hiraka te Rango. Mr McLean appeared for the plaintiff's, aud Mr Lascelles for the defendants. Mr Lascelles said the hearing of this case woidd probably occupy- one or two days, and he had an'application to make to the Court in the matter. The summonses were served at Patca on the 28th ultimo, and he only received his instructions on Saturdaylast, consequently it was impossible for him to got his witnesses down to-day and otherwise prepare the case. There were ten or twelve witnesses, he believed, for tho defence, and he would, therefore, ask the Court to adjourn the case and set some special day for it so that it could bo got through AA-ith the least possible inconvenience. He Avould suggest this day Aveek or this day fortnight. Mr McLean admitted the reasonableness of the application, but he would ask His AVorship to bear in mind that Mr Lascelles might have given him some intimation of this on Saturday, and so have saved the attendance of a large number of witnesses for the prosecution. Mr Lascelles explained that had he known Mr McLean ivas engaged in the case he woidd most assuredly have done so. He had actually searched about town on Saturday in the hope of meeting Mr Donnelly aud informing him of such intention, but without success. He had also called at Mr Lee's office, under the impression that that gentleman ivould represent Mr Donnelly, but found Mr Lee was out. Mr Lee said the informations iv the case Avere served on the 28th ultimo, and there was ample time since then for the defendants to have come down and instructed their solicitor. [Mr Lascelles: Yes, they were served at Patea on the 28th.] He would ask His AVorship to bear this in mind, as he thought he Avas entitled to some consideration for the trouble and expense lie had been put to in bringing witnesses down to-day. Mr Donnelly asked pel-mission to make a short statement. He said that before speakiiio- to Mr M'Lean about the present case, he Aveut to Mr Lascelles, Ai-ho had alivays acted as his solicitor for a number of years past, and laid before the latter gentleman all the facts connected Avith it. Mr Lascelles at that time told him he Avas going to Wanganui in a case of Air Kennedy's, and would be away for some days, but he ivould be happy to act for him (Mr Donnelly) iv conjunction with either Mr M'Lean or MiLeo. Under these circumstances it seemed very unfair for Mr Lascelles to take the case up on the other side after hearing his parts of it. Mr Lascelles denied the truth of Mr Donnelly's statement. He had declined once before iv the Omahu case to act for Mr Donnelly. On the present occasion he told Mr Donnelly when he came to him, both prior to his visit to AVauganui and subsequently, that he ivould not take his case up on any condition whatever. He had his reasons for declining to take Mr Donnelly's business, and presumed a solicitor might refuse business if he felt so disposed. His AA-i-ship said ho would grant the adjournment. Thursday, the 15th instant, was the first clear day he had. AVould that suit ? Mr M'Lean reminded tho Court that that was tlie first day of tho races. He did not think there would bo a sitting that day. He would also suggest that the case should not be taken the day after the races, as some of the witnesses might be disorganised. (Laughter'). His AVorship then intimated that he ivould take the case on Monday, tho ISth instant. In reply to Mr McLean, the R.M. said he woidd consider the plaintiffs' claim for expenses for attendance to-day when the case was heard. BREACH OF 11-POUNDING ACT. Frederick Charles Selby was charged with Inning, on the 20th February, at Clive, rescued three horses whilp they Avere being driA'en to the public pound. Mr Lascelles appeared for the defendant, who pleaded not guilty. Mr Cotterill conducted the case for the prosecution. Thomas Home, public, impounder, Olive district, said on the morning of the 20th February, between 7 and 8 o'clock, between Mr Orr's and Mr Johnson's on the public road, he saw nine horses. There was no one in charge of them. He drove them towards the pound along the public road, aud on the way he jacked up „ grey horse in front of Mr Bray's. He then drove them all along the road to the front of Mr Mcllroy's, when defendant drove up in his cart behind witness and "cut" at the horses, singling three out, which ran into a yard. Defendantgot out of his cart to do this. Witness told him to leave 'the horses alone, as he was driving them to the pound. After Selby drove the three horses, including the grey one, into the yard, witness proceeded AA-ith the remaining horses to the pound. He did not get possession of the other three horses again, and did not attempt to obtain them. Mr Lascelles cross-examined the witness at length as to the position where defendant overtook him with the horses, also as to the character of the road at the point in question. Only one of the three horses that Avent into the yard belonged to defendant — the grey one. The other two horses followed it into the yard. Patrick Diamond said he saw the previous witness driving some horses to the pound at about 9 o'clock on tho morning of the 20th. AVitness was standing opposite M'llroy's blacksmith's shop at the time. About five or ten minutes afterwards Selby

, drove past in a spring cart, and when he I got up to Home witness saw Selby driving • three of the horses into a yard. He after- • wards went into the yard and took the grey s mare out of it. l By Mr Lascelles : Selby turned across towards his butcher's shop when he overtook ; Home. He could not have reached his shop otherwise than by the driving in the direction ho did. Paul AVilson, carpenter, was at Clive on • the 20th February and saw Home, the im- ; pounder, coming along the road driving : some horses. AVitness was in the County ! Council yard. He saw Selby, ivho came up l in a spring cart, dismount, and drive three ■ of tho horses that Home had in charge into ) a yard on the roadside. A short time afterL wards Selby came back aud went into the ■ yard, aud took from it a grey horse, and - put it into an enclosed place near the police station. By Mr Lascelles: Could not say if Selbv : jumped out of his cart opposite his place of business. Mr Lascelles said he ivould admit that the defendant drove through the horses, as he was bound to do to get to his place of business. There was no intention of rescue. The horses no doubt bolted when Selby drove through them, and, naturally, Selby's horse, seeing the yard open, turned into it, and, as was shoAi-n, it was some time before he went to take it out again. Had tlie impounder asked for the animals the defendant ivould haA-e given them up, but, according to his oavii admission, he did not do so ; in fact, ho never troubled his head about them after they turned into the yard. His AVorship said he would give the defendant tht benefit of tlie doubt, and dismiss the case. It was not quite clear that there was any direct intention of rescue. j The Court then rose.