Feilding R.M. Court

Feilding Star, Volume XIV, Issue 111, 9 March 1893, Page 2

Feilding R.M. Court

WEDNESIiAY, MARCU BtU, 1802. % : (Before Messrs Mbnckton, Sherwill, and T. R. Taylor, j.P.'s.) Illegal Rescue. Thomas Henry Wisbaw, Ranger for the Kiwitea Road Board District, charged Joseph Schapleski with unlawfully rescuing a horse which he (the informant) bad seized for tho purpose okimpoundinj; oc the 25th of February lust. Joseph Schapleski was also charged with a similar offence on the same date. Mr Prior appeared for the plaintiff, and Mr Fitzherbert for the defendant. Mr Prior in opening the case, produced a copy of the Feilding Stak of the 31st January referring to Mr Wishaw's appointment as Ranger, and stated that the information was laid under section 17 of the " Impounding Act," and counsel further asked tkgr Bench if they were satisfied that ho had proyed his case, under section 47 of the same Act, to inflict more than a nominal penalty, as the Ranger whose task is a thankless one, must bo protected in carrying out the law. Mr Edmund Goodbehure produced the minute book of the Kiwitea Road Board proving the ap. pointuient of the complainant as Banger to tho Board. Thomas Henry Wisbaw deposed that he took the horse betwoon 2 and 3 o'clock on the afternoon of the 25th inst. Cross-examined : Witness did not remember offering to accept 10s to say nothing more about the matter. Re examined : The defendants were not working their teams on tho day in question. James Brazioi Jdoposed to overhearing a conversation at Birmingham on the evening of the 25th, between the plaintiff and Jacob Schapleski and he understood that the former offered to accept 10s to square the affair. Mr Fitzherberl argued that the Act under which the information was laid, did not refer to the appointment of Ranger, but to that of Poundkeeper. Mr Prior had also failed to proyo that the Act was in force in this district, therefore the defendants were entitled to a verdict. As contractors the defendants have control of tho road upon which they aro working, and not the Board. The affair is only a very trivial one, and counsel relied on the case being dismissed. James CarmoJv denied the plaintiff's evidence in toto, and said that he heard Wishaw offei to accept 10s to say no mors about the matter. Joseph Schapleski stated that Mr Taylor, Chairman of tho Board told him, that the Ranger was not to take auj steps towards impounding his (tho defendant's) horses. Jacob Schapleski also gave evidence.. Thomas Sborthall deposed that the custom amongst road contractors in the back country, was for the men working such contracts to be allowed to feol their horses on the roadside, unloss specified to the contrary. Tbo Bench dismissed the case with costs of court against the plaintiff, each party to pay their own costs.