RESIDENT MAGISTRATE'S COURT.

Grey River Argus, Volume VIII, Issue 525, 29 May 1869, Page 2

RESIDENT MAGISTRATE'S COURT.

Thursday, May 27. (Before W. H. Revell, Esq., R.M.) Information by the Borough Council. — Williams and party were charged, on tho information of J. A. Whall, Town Clerk, with raising the levels of their water-race, and thus flooding certain property within the Borough. As his Worship was required as a witness, the case was adjourned until Monday, when it will be heard before two Justices of the Peace. Assault. — Mrs Wagstaff was charged with assaulting and beating Mrs Fqlloon • but as it appeared to bg a petty female quarrel, in which the evidence was most contradictory, the case was dismissed ; the complainant to pay the costs. CIVIL CASES. George Knopp v. Fanny Tapscott. — Claim of L 6, for jewelry supplied. Judgment for LI and costs. Cook v. Horton and party. — Claim of LI 108 6d. Judgment by default, with costs. P. T. Crogan v. David Girdwood.— This was a claim of L3O damages, for the careless manner in which the defendant used a black mare, let to him for hire by the plaintiff. Mr Guinness appeared for the plaintiff, and Mr Perkins for the defendant. The plaintiff stated that he was a livery stable-keeper, and on the 6th February last he hired to the defendant a black mare, to take him to Hokitika. When let to him the horse was in a sound state, not having been used for four days previously. It was a good mare, worth L3O. The same afternoon she was returned to the stable hardly able to walk, aud much, knocked up. He used every exertion to restore the mare, but without avail, and she died on the following Monday. Defendant had hired horses previously, but had always taken care of them. — Joseph Graham said he had about 20 years' experience among horses. He saddled the mare for the defendant. She was sound then, but fat. She could have been ridden at a fair pace for hundreds of miles, but could have been killed by overriding in two miles. When returned she was in as bad a condition as he ever saw an animal, and scarcely able to stand. His opinion was that she had ruptured a blood-vessel through over-galloping. He did all he could to recover the mare, but she died within 24 hours. In cross-ex-amination, ho said the mare ought to have carried defendant to the Saltwater in half-an-honr. — David Kinghatn remembered selling a black mare to the plaintiff in January last. He had her three years. She was perfectly sound. She had carried him over from Nelson to the Grey, and was in every-day work. She was not too fat, but in good travelling condition. — For the defence, David Girdwood stated that he left the stable at 10 minutes to 1 o'clock, and arrived at Saltwater at 20 minutes to 2. He trotted quietly along the beach, and did not gallop or misuse her in any way. He met the coach, and spoke to the driver. Within about half-a-mile of Saltwater he saw that something was wrong with the mare, dismounted, led her to the Saltwater, and then sent her home by a messenger, as she was apparently too unwell to carry him to Hokitika. — Richard Slattery, driver of Cobb and Co.'s coach, said he remembered meeting the defendant near Australasian Hotel, riding a black mare. He was riding at a moderate pace. The mare appeared to be too fat. The defendant ousjht to have trotted to the Saltwater in 25 minutes, if the horse had been in good condition. —Hugh Barnhill, storekeeper at Paroa, remembered seeing the defendant at Saltwater with a black mare. She arjpeared scarcely able to walk, all wet with perspiration, and apparently in a fever. He advised the defendant to send her back, which was done.— Mr Perkins for the defence, and Mr Guinness for the plaintiff, having addressed the Bench, the Magistrate said this was one of those cases in which he held that it was incumbent upon the plaintiff to prove the negligence or illusage on the part of the defendant. That had not been done, aud there was not sufficient evidence to warrant him in giving a verdict for the plaintiff in the action. Case dismissed. Friday, May 28. (Before W. H. Revell, Esq., R.M.) Drunk and Disorderly.— J. M'Kenna and Niel M'Conachie were each fined Ll, or 48 hours' imprisonment, for being drunk and disorderly. — David Dawson and Robert Lynch were charged with, a breach of the peace, by fighting in the bar of Singer's Hotel. Dawson admitted the charge, biit Lynch denied it, as the other mau forced a quarrel on him, and challenged him to fight " either for money or for love." They were both fined 10s. Vagrancy. — Thos. Hughes was charged with this offence. It appeared by the evidence that he had obtained money by false representations from Mr Wickes, L 2 and board and lodging on a worthless cheque from the landlord of the Ship Hotel, and board and lodging and Ll from Mr M'Millan, of the Trafalgar Hotel, on an order on the manager of the saw- mill, after he had been discharged from the mill, where he had worked one day. He also obtained an order from Mr Rae to get blankets and boots from Thompson, Smith, and Barkley, and afterwards returned to his house drunk, and used verybad language to him. He was sentenced I to three months' imprisonment with hard labor. I