TRESPASSING STOCK.

Gisborne Times, Volume XXVI, Issue 2258, 1 August 1908, Page 1

TRESPASSING STOCK.

HO'RSES ON THE RAILWAY LINE At tlie Magistrate’s Court yesterday morning before Mr W. A. Barton S M William Charles Dodge was chargod with being the owner of two horses he -allowed to trospass on tlie Gisborne-Rotoru-a railway line at Puha on July 5, 1908. Sergeant Hutton appeared for tho prosecution and defendant, who was not represented by counsel, pleaded “not guilty.” Wm. Chas, Connor, railway surfaceman. gave evidenco of having 6eqn the horses on the lino five or six chains below defendant’s house near Puha, at 9 p.m. on the night of July sth. Defendant’s gate, loading on to the line, was open, and in company with a man named Green, witness went- to defendant’s house to tell him that his horses were oij tho lino. On being -told, defendant, who was in bed, said, “Why do you not keep your gates locked. -I am not going to get up to -put them off now.” Witness thereupon drove the horses off the line on to -the road at Pulia. To the Bench: He was quite sure that the horses he saw belonged to defendant, as ho saw them nearly ovory day. . . John Green, surfaceman, gave similar evidence. , Defendant, sworn, made a statement -in which he admitted 'that Connor had come to the houso -and told him about filio horses being on the line. He also admitted having refused to get up, as from the description given of the animals by Connor, lie was satisfied that they did not belong to him. Further, he was quite positive that the horses could not be hi 6, as on that evening lie had taken them to a paddock over two miles away, where he got them next morning. In giving judgment. His Worship said that it was a difficult case. (Both witnesses for the prosecution had positively sworn that tho horses belonged to the defendant. In his opinion defendant ought to hive -at- least got up to see -if the animal really did, or did not, belong to ihim. “It is not,” continued His Worship, “an uncommon occurrence ifor stock straying on tho railway line t<> bo the cause of serious 'accidents.” Defendant was convicted and, -fined £1 with costs £1 10s Gd.