MAGISTRATES' COURTS.

Globe, Volume XXIII, Issue 2178, 17 February 1881, Page 3

MAGISTRATES' COURTS.

LYTTELTON. WbdNHBDAY, FfIBBTTABY 16.

[Before Joseph Bpßwiok, Ejq., R M.J Thb Nbw Doa Act.—Thomas Merson, charged with having an unregistered dog, pleaded that ho wag unaware of the new Aot which came into force on the Ist of the prosent year, under which every dog must bo registered that has an owner. As he had registered since he was summoned he was excused. Eugene, a Frenchman, and a stranger in the town, pleaded that he did not know where the registrar of the canine species lived. Under the circumstances he was given twenty-four hours to find the Borough Council Chambers. J. Talbot ploaded that the dog for whioh he had been summoned belonged to Mr C. A. Bicb, and that ho could, if allowed, prove such to bo so. The Bench adjourned the cose until next Monday. J. W. Clarke, J. H. Parker and Zaohariah Arthur were.' considerately dealt with by the Bench, they having since complied with the requirements of the law. The Bench remarked that the same leniency would not be shown to the next cuae-j of this kind, as it must by this time bo well enough known that the New Registration Act is now in force Wounding a Hobsb.—Albert Westlake surrendered to his bail on a oharge of unlawfully wounding a horse belonging to Thomas Bryant, on Thursday night last. The accused was defended by Mr J. Joyce. Arthur Byron, a lad of fourceerj, was living with Mr Bryant, and had taken tho horse to the paddock on Thursday evening last, February 10th, when it was free from any injury. Host morning he found it in an adjoining paddook with a cut on its rump, from whioh blood was running. He returned home and informed Mr Bryant. The accused kept a horse in the paddick, and he was just getting it out on the morning in question. Accused had threatened to injure Mr Bryant's horse if it again upset the feed he used. The witness, in his cross-examination by Mr Joyce, said that most people who saw the wound on the horse gave it as their opinion that it was caused by a broken bottle. Thero were some bottles lying in tho paddook, and it was witness's opinion that the horse bad obtained aooess to the paddook in which he found it by breaking down the board between the two. Thomas Bryant, brickmaker, and owner of the injured animal, slid he saw the horse in the brickyard at about eight o'clock last Friday morning, and at once went for the farrier to sew up the wound. On Friday night he looked round the paddock, but could not find anything there by whioh tho wound would be oausod. Witness being cross-examined by course], corroborated the last witness's evidence as to there being a few bottles in the paddook, but they were not broken. Ho did see, however, a few small bits of glass about. Ho found a pool of blood at the spot at whioh the horse was lying down, and he saw some bits of tins about, but he did not think the wound was or oould have boon accidentally inflicted by what he saw, or by a kiok from another horse. He gave this opinion because he considered he would have been able to trace blood spots to the spot at whioh tho horse was lying, and thero were no such traces. He did cot suspect the accused of doing this injury maliciously, as no ill-feeling existed between them. In answer to counsel Mr Bryant stated that within the past fow weeks he had been the victim of several mali-oionsly-done acts by same persons noknown to him, such as putting broken glass into the mixed clay whioh he used for brickmaking, put there apparently to cause injury to the men he employed, or himself. Glass bottles and things of that sort had been also thrown into his mill. Ho had informed the police of these acts at the time, but he could give no idea of who the guilty persons were, as he was unaware that anyone nad a grudge against him From the snaps of tho wound on the horse he thought it might have been done with a spade. Albert Russell, of Dampier's Bay,living just opposite to the paddock, said he, in company with Mr Bryant, on Friday night went around the paddocks and found a spade with some fresh lime upon it. Next morning he met the acoosed, and in a joke said to him, "Have you been trying to kill our horse ?" Accused replied that he wondored he had not been killed before, as he had been into the stable and pulled down a bag of oats. There was no blood on the spade when it wms found, and it was probably left by some brioklayers who had been up there building a chimney. T. J. Green, boarding-house-keeper an i a qualified veterinary surgeon, described the nature of the wound and its extent. It might have been done with a -spade similar to the one produced in Court. He was sure the wound could not have been produced by broken bottles nor by a kiok from another horse. The size and shape of tho wound just corresponded with the size and shape of the spade found. W. T. Mason, in charge of the Lyttelton polioe, stated that he found a stain of blood on the door of the stable, and some blood close to it on the ground. He arrested the accused •t tho stable, and he denied having injured the horao, though he said he had been a good deal annoyed with tho animal's raids upon his feed bags. Aooused accounted for tho blood stains by saying that his own horse's foot had been out lately, Mr Joyoe reviewed the evidence briefly, and intimated that he could call the aocused's employer as to his antecedents but the Bench thought there was sufficient prima facie evidence to send the case for trial. The aooused was then committed for trial. Bail was allowed.