MAGISTRATES’ COURTS.

Globe, Volume IV, Issue 430, 29 October 1875, Page 2

MAGISTRATES’ COURTS.

LYTTELTON. Thursday, October 28. [Before W. Donald, Esq, R.M.] Drunkenness and Destruction of Property. —George G. Gibson, arrested by Sergeant-Major O’Grady for drunkenness, fighting, and breaking glass at the Railway Hotel, was fined 10s. James Brady, arrested by Constable Gilchrist, was fined 10s. Larceny. —John Thomson, mate on board the Marmion, was accused of this offence. Joseph Comisky, lately mate on board the Marmion, stated that accused had taken £9 out of his pocket-book from the cabin. Prosecutor stated that he had procured accused his employment as mate on board the vessel. Accused admitted the offence, and was sentenced to three months’ imprisonment with hard labor. Civil Cases.— George Lewis ▼ Bryant, claim 6s 6d ; judgment for plaintiff, with 10s costs. Same v Fogarty, claim £1 17s 6d; judgment for amount and costs 6s. Borough Council v Boyd, claim 25s for rates ; judgment for plaintiffs, with costs 9s. Same v H. Darnford, claim for 8s for rates ; judgment for plaintiffs, costs 6s. LEITHFIBLD. Wednesday, October 27. (Before 0. Whitefoord, Esq, R.M., and H. Mcllraith, Esq.) Sheep Ordinance,— G. H. Moore, Glenmark, was charged on the information of Mr R. H. Scarvell, inspector of sheep for the northern district, with having, on the 23rd, suffered to stray three sheep infected with scab, upon land not his property or rented by him, and not being land over which he had the right of pasturage, but land in the possession of L. C. Williams, manager, Teviotdale. Mr J. S. Woodhouse put in a letter authorising him to appear for accused, and admit the offence. Mr Duncan appeared to watch the case for Mr Greenwood, owner of Teviotdale run Sergeant Willis proved personal service of the summons. The inspector called L. C. Williams, who said, in September I mustered our flock, and found three of accused’s sheep, one of which was scabby, in the flock. It was a hoggett, which I handed to the inspector. To the Inspector—The fence was good between the Glenmark and our run. The Inspector—l elicited this answer so as to enable the Bench to decide on the penalty, which iB from £26l© £IOO. Witness to the

Bench—The hoggett referred to had accused’s pitch brand and ear mark. His manager saw it and admitted it was a sheep belonging to Glenmark. * I sent notice to accused, and subsequently destroyed it. The fences have been kept in good order between us; if any repairs were needed I have had to call his attention first to them and they have been attended to. The inspector said he had two other witnesses, but it would not now be necessary to call them. Mr Duncan suggested that the inspector might give evidence as to the sheep being scabby. H. B, Scarvell, sworn, said—l was requested by last witness to look at a sheep brought in. I examined it and found it scabby. It was a sheep the property of the accused. The inspector here informed the Bench that he did not press for the infliction of the highest penalty in this case, the boundary fence was well maintained, and one on which accused was not bound to keep a shepherd. The Besident Magistrate said the Court would correct a technical error in the information, viz, from 23rd November to 23rd October, and in reference to the case had decided, as the boundary appeared to be well kept by accused, to fine him in the lowest penalty of £25 and costs ; two witnesses allowed 265. G, H. Moore, Glenmark, was then charged that by his servant he did suffer eighteen sheep infected with scab to stray on land over which he had no right of pasturage, but on land in the possession of John Innes, Mount Brown station. Mr Woodhouse stated he had no special authority to appear in this case. Accused was called, but did not appear. J. Innes sworn, said—l am stationowner at Mount Brown. On the 15th inst. I mustered my sheep, and in the flock I found twenty-two of the accused’s sheep. They were branded with his brand, and eighteen had on the scab brand S. They were were taken possession of at my yard by his shepherd, who had assisted in drafting, and removed back to Glenmark. Part of the eighteen were sheep which I had sold him. William Antill, shepherd for accused, sworn B aid—I keep the Waipara boundary or Dean’s boundary. One day I go down the boundary and next day back by another boundary. It is not a long boundary. It is about four miles. lam placed there to keep it. I was at the Mount Brown yard, and drafted out twenty-two of our sheep ; some had the S brand on. They were taken to Mount Donald. These sheep had been on the Deans. The presumption is that they crossed the boundary which I had been keeping. No one man could keep them back. As they were bred at Mount Brown, it was natural they would try to get back. Ido not go up the four mile boundary every day.: •, -H. B. Scarvell, sworn, said—The shepherd has admitted to me that these sheep strayed from Glenmark. As the boundary is such a short one, I press for a full penalty. By the Bench—l saw the sheep in question ; they were branded with accused’s brand and marked S. J. Innes, recalled, said—The boundary, about four miles in length, is fenced for a distance of two miles, so that only two miles are open. W. Antill, recalled —The sheep were turned out on the run immediately adjoining Mount Brown. I have been a shepherd several years, and no man can say lam lazy. The Besident Magistrate—No one says you are lazy; there is no complaint against you. The Bench, after considering this case, consider it differs from from the last in that sufficient care was not taken to prevent the sheep straying back to where they were bred, and the highest penalty of £IOO would be imposed with coats, including J. Innes’ expenses 13s. Joseph Ward was charged on the information of C, J. Harper with having on October Sth moved sheep the property of Frank Courage, without the consent of the owner. From the evidence of C. J. Harper, acting for F. Courage, J. Innes, and Alexander McDonald, it appeared that accused had purchased a number of sheep from the flock in question, which broke away, and he mustered part of the flock to draft them out again. There was no evidence whatever of intention to do more than this, and the Besident Magistrate said although accused rendered himself liable to a penalty of £SO, and had caused probably damage to the owner of the flock, as it was done partly in ignorance, a fine of £5 and costs only would be inflicted. OXFOBD. Wednesday, October 20. (Before C. Whitefoord, Esq, 8.M., and J, B. Gorton, Esq, J.P.) Assault. Waring Gundry and Ned Barnes were charged by Charles Ahrens with assaulting him on the road near his premises, Oxford, on the night of October 16th. From the evidence of several witnesses who were called the charge was fully proved, and the defendants were fined, Barnes in the sum of 40s and costs of court and witnesses, Gundry 20a and costs for the same. Cattle Trespass. —John Pawson was fined 5s and costs, being the owner of cattle found wandering at large. Larceny. Henry Nelson and Henry Bogers, laborers, were charged by John Henry with stealing a pair of boots, value 21s, his property, from Olphert’s Hotel, Oxford. The evidence of the police and other witnesses went to show that the boots had been taken from the hotel by the prisoners and afterwards planted in a stack of firewood on the premises near the roadside. The prisoners were committed to prison for one month, with hard labor.