RESIDENT MAGISTRATE’S COURT.

Evening Star, Issue 3487, 27 April 1874, Page 3

RESIDENT MAGISTRATE’S COURT.

Monday, April 27. ' (Before J. Bathgate, Esq,, E.M.) Drunkenness. —Wm, Brannon,, who was first arrested on Saturday night and let out on bail, when he immediately got drunk again, was fined 40s. ©r 14 days; William Smithy ss, or 48 hours. Neglected < ’hild.— John Nicholson, aged about seven years, was brought up as a neglected child. It appeared that he had been found wandering about the streets; and that his mother was a drunkard. The latter had told, ,the police that a bailiff had pulled down her house; ,but J.. Hughes informed the Bench that , the bailiffs, of the Court had nothing to do with it; The boy was ordered to be sent to the Industrial School for seven years ; to be brought up in the Church of England faith. ;■ CIVIL CASES -M‘Kay y. Mitchell.—Claim, L 6, for a cow negligently, shot by defendant. Mr Stout appeared for plaintiff, Mr A. Bathgate for defendant.—Plaintiff, who is a butcher at Anderson’s Bay, said that on the 9th ult, he had some cattle running on Mr Begg’g land; Defendant on that day came and told witness that he had shot a cow of His, and asked him to:.go and look at it. Witness went and found the cow dead The value of it was L 6,

but as it was shot accidentally, witness said he wouldlet defendant off for L 3. Defendant agreed to= pay* this, but on application witness could not get the money j he therefore sued - him for the full value. Cross-exa-mined : Witness took the hide off the cow, and got LI for it. He also took the rough fatj-but that was worth little. -Mr Bathgate contended • that the • cow- had no business in the way, as by the.lease of the rifle range to • Colonel Cargill it was provided that if : any cattle got shot by any while in lawful occupation, of this range, such Volunteer should'not be liable for the same, nor the lessee.—George Mitchell, defendant, said he was shooting for the Government 1 Volunteer prizes .on the day in question. On shoot-

ing the, cow, he arranged with plaintiff to pay him L 2,' as the, hide was.- worth LL Plaintiff, on ca ling for the money, wquld not take the 12, but wanted L 3. Cross-examined: The cow was on the range when shot, as it Was. in, a direct* line: with-the target, but it feU- off, the range,—Staff -Sergeant..Paxton. Said he was in charge of the range bn the day jn saw the cow shot,. Defendant was using the i;ange in a lawful manner. Cross-examined: Defendant was aiming at the target; he must have bean aiming at the target because he hit the cow. He meant

that the cow came in front of the target, and it was too late to stop defendant’s firing.—Major Atkinson proved that the range was being lawfully used.—Mr Stout argued that though the cow had trespassed, still it had no bnsiness.to be shot j and the Volunteers should take due care to avoid accidents, by driving cattle awajr-—His Worship said in any case the plaintiff, according to agreement, could only claim L2, but as there was an important public question to be decided by this case he would reserve judgment.. Judgment was given by default in the fol-lowing-c^es.;—Hay v.. Arch. Nesbitt: claim Ls.3s, for’goods supplied; J. Wilson and Co. r. Thomas Finder ; claim ' Llo 16s, for dishonored promissory note j Watson and Gow v* Hugh Dickson : claim Lll IJfa, for work done; Hogg and Hutton v. J. S. Burroughs; claim Lll Os for goods supplied ; Sherwm v. James Smith ; claim L2 ss, for repairs done.. [Left sitting,]