RESIDENT MAGISTRATE'S COURT, CLYDE.

Dunstan Times, Issue 801, 24 August 1877, Page 2

RESIDENT MAGISTRATE'S COURT, CLYDE.

Atrnrsr 2.'tnl, 1877. (Before \V. L. Simpson, Esq., R.M.), O. Fowler v. Uwliert M‘Moran. —Claim, L 97 2s 4d. Adjourned on application of defendant for the evidence of himself ami witnesses to he taken at Queenstown. Thomas Jackson was charged on information with having maliciously wounded a hay horse, the property of Ah Low, a Chinese gardener, residing about three miles from Alexandra. Mr. F. .1. Wilson conducted the ease for the prosecutor; Thomas Chin Sing acting as interpreter. Ah Low, on being sworn, deposed— On Sunday morning 29th July last, saw my horse coming towards my house. A short time after a miner named Chung Fee came and told me my horse was badly cut. I then went to the horse and saw that it had a had wound on the rump. It was Weeding at the time, I told Chung Fee to track the blood, lie tracked it to the yard ot the accused. 1 went to Mr Duncan Boliertson and asked him to come and look at the horse. I afterwards gave information to the Police. Duncan Robertson, sworn, deposed—At request of prosecutor 1 went to his place, and saw a hay horse. It had a had wound on the off rump. A little hlood was coming from the wound, hut it had hied very much, as the tail and leg were covered with hlood. It was a clean cut about six inches long and should think thiec inches deep. From its general appearance would say that it was made with a tomahawk or axe. Do not think that it could he self-inflicted by ml- j ling on a broken bottle or sham stone. 1 j had the horse removed to my own place | j when 1 stitched up the wound, and ordered j j prosecutor to get some Farmer’s Friend to apply to it. The horse is not yet able to work. Chung Foe, sworn by blowing out a match, deposed--On the inotningof Sunday the 29th July last about 7.80, Isaw accused . in his yard, he had something in In's hand like a tomahawk. He struck one of I lie horses, and it jumped away, the accused ; then drove the horse he struck out of the | yard, and acros’s the Mamiherikia. The horse is the property of Ah Low, and after I it crossed the river it made straight for the stable ;it had to cross my head-race, and I where it crossed, left the trace of hlood. | From where I stood to accused's yard is about a quarter of a mile, ami 1 was able to recognise him. After i had my breakfast I went ami told prosecutor that his horse was wounded. I tracked the hlood right to accused's yard. William M'Leo.l, police constable, stationed at Alexandra said- From informa* ■ tion received, on the 50th July last, I visited prosecutor's place, ami saw the horse, it had a large stitched wound on the rump. I traced blood right to accused's yard. 1 asked accused if he could account for the hlood, he said he could not. From the yard to Chung Fee’s dam, the place he says ho saw the whole affair from is nearly half a mile. I think it possible to recognise a | mm that distance if he knew him, hut to I see a stranger and afterwards recognise him, 1 scarcely think it would be possible. This closed the case for tile prosecution. The following witnesses were called by the accused. Job Taylor sworn, said—l remember perfectly the 29tli July last. I. live within 14 or 1.1 chains of the accused's house and yard. On that morning I did not sec any horses about the place of the accused : it is usual for the horses to he fed of a morning if they mine home, hut I do not think they came home that morning, or they would have, as is customary, loitered about, and 1 should have seen them. On the evening of the 28th July, I was at your place when you returned home with your dray, one of your horses and the ('hinamau's horse was in your yard, and j*ou told your son to drive them out and across the river, and for that purpose the hoy took the whip out of the dray. 1 have seen the Chinaman's horse «iueo, it does not appear to he much injured, I have never seen the wound. [ saw I the horse one day this week galloping and gambolling about. It is three-quarters of a mile from your yard to where (‘hung Fee says he was stun dug when he saw you. I eouhi not recognise a man at that distance. Thomas Stonewall Jackson, aged 8 years, a son of the accused, was sworn, hut as he could give no satisfactory replies to any question asked him he was told to get down. The accused, after liciiigcautiono.il, volunteered the following statement On Sunday, 29th July, Ah Low came to me and accused me of cutting his horse. 1 told him I know nothing about it, and paid no further attention to the matter until a future day, when he came, with Constable M'Leod. They showed me the trace of Mood up to my yard. 1 could not then account for the hlood, hut since then 1 have come to the belief that the horse must have been wounded on the Saturday evening previous, Mean so where I saw them standing on the Saturday evening was about where the hlood is, and from wh»re the little hoy drove them across i the river. Du the morning of the 29th I did not get up till between 9 and 10, and : during the whole of the day neither my own or anybody vise's horses were about my 1 place.

Bench said—A prinw Juan ease had been made out, and he must commit accused for trial at the next Criminal Sittings, to ho held in Dunedin, bail being allowed in two sureties of 1.50 each, and accused in LSO.