GENERAL ASSEMBLY.

Kumara Times, Issue 599, 29 August 1878, Page 2

GENERAL ASSEMBLY.

[press agency.] LEGISLATIVE COUNCIL. Wellington, August 28. In the Council to-day business was devoid of general interest. A, long discussion took place on a point of practice, in which Dr Pollen warned Cpl. Whitmore not to bring -on business without notice,'which might lead to the imputation of sharp practice. Mr Waterhouse supported Dr Pollen. The occasion arose through the Friendly Society's BUI coining on the previous day after five o’clock* the usual hour of adjournment A return of money received from the Canterbury Land Fund hf the Comtie* of Vincent, Waitaki, and Lake, was moved for and agreed to. A Bill to amend the Municipal Corporations Act, 1876, was read, and the second reading fixed for that day fortnight... The -Land Drainage Act was also read a first time. The Council then went into Committee, when the 25th clause .of the Harbor Bill was reached. 1 v ‘ The Council adjourned at 5 p.m. HOUSE OF REPRESENTATIVES. Wellington, August 28, The House met at 2.30 p.m. Notice was given to ask leave to introduce about fifteen or sixteen Harbor Endowment Bills.

The House decided to sit on Monday nekt, to enable them to adjourn on Wednesday. Mr Barff only objected, saying if they wanted a holiday they should wait till the end of the session.

Mr Macandrew, replying to Major Atkinson, said the Public Works Estimates would be brought down to-mor-row.

A good deal of discussion ensued upon a question by Murray-Aynesly as to gaol management, and the unequal way in which gaol officials were paid in different parts of the Colony. Mr Sheehan said the Government ’had’made an attempt to rectify what was complained of, but they raised a hornet’s nest about their ears. They decided therefore to let the House deal with the whole matter, and he therefore recommended the mover (Murray-Aynesley), to submit any evidence he had to the Gaol Commission. The motion was agreed to. The other business was of a local nature.

August 29, During the evening’s sitting last night. Mr Hodgkinson moved the second reading of the Deceased Wife’s Sister Marriage Bill, very briefly. Messrs Barff, Bowen, and Wakefield opposed the bill, Messrs Stout, Barton, Bees, and Moss supported the bill. On a discussion, the bill was read a second time by 47 against 25., Mr Curtis moved the second reading of the Education Act amendment Bill.

A good deal of objection was taken to the bill, on the ground that it would simply be a return to denominationalism ; on the otherhaud it was strouglv, supported on the ground that it could not do any harm as no religious education would be taught in the schools, and it would be a great boon to a large section of people. After considerable discussion the bill was refused by the adjournment of the House being carried by a majority of one—3l to 30, without the debate haviug been adjourned. The House adjourned at 12. 30

RESIDENT MAGISTRATE’S CjDUK-T. Thursday, August 29. * j [Before M. Price, Esq., RE] / j - DRUNK AND DISORDERLY. j John Cleson and John Cummings | vei e charged with this offence j but both prisoners being still under the | gentle influence were ordered back till j after the other business was concluded. ; breach of the bye laws. G. A. Munyard as manager and editor for the Kutnara Times was charged that he permitted the chimney of that office, in Seddon street, to take fire contrary to the byelaws of the Borough. Defendant' pleaded nob guilty. After the Court had heard the evidence of the Sergeant of police the hell ringer, and the defendant, 1 the casewas dismissed with a caution. P. Foley was charged with driving cattle through the town between the hours of 8 a.ra. and 9 p.ra., contrary to , the bye-laws. Defendant pleaded hei was. unaware of this law. Fined 10s, and coats of Court, 6s 6d. FOWL STEALING; Ellen O’Donnell was charged that on the 28th day of August, she did j steal and carry away one fowl, to wit! a black hen, the property of James j .Rugg* of the value of ss. Inspector O’Donnell conducted the! prosecution, and Mr Perkins appeared for the defendant. James Rugg, sworn, deposed : lam landlord of , the Kumara Hotel I know the defendant; she resides on thenext section to mine. lam the owner.

of a number of fowls and have owned

them for two years. I have not killed one since I had 69. About a fortnight ago, I found them missing very fast, previous to my reckoning them then. There were only 25 then, I counted thpm a fortnight ago. I have not disposed of any' since then to the defendant or anyone else. I found yesterday I was two. short. I have 23 fowls left how. On account of loosing fowls, q»y attention was drawn fa premises about ti/e or six Weeks ago. ' The large tin dish (produced) 'first Attracted imy attention, or a vessel similar‘iso it. I saw :if in a

narrow passage, between two buildings just outside defendant's door. There is a door loading into the defendant’s house from the side of the building. I have watched for the last five or,aix weeks on -different occasions.- Yesterday I'was in a leando iu my own yard when I saw the trap set, ■ Here the plaintiff showed the Court

the'manner of setting the trap., - The string of the trap led into the defenant’s door, I went into the yard next door, and I saw defendant through a weather-board lay some rice or food on the cloth. Some fowls went round and a black one under it, and. then she palled the string, and the fowl was caught. She took the string in and left the fowl there. I watched a long time and then Mr Thimblely relieved me while I went, for the police. I never knew the defendant to' have any fowls. I marked my fowls about a fortnight ago 2d of them (one excepted), on’the right wing of every fowl. There are three feathers standing and three cut off. I put them ail in the fowlhouse, and marked them. I never shut them up before. I saw a fowl brought from the defendant’s yesterday by the police. I came up with them to the camp. I looked at the fowl and identified it I previously told them my brands.

By the Court; The one -1 did not raarke was a black heu, the same as the one found yesterday. The fowl was here produced, and the marks of brand by the prosecutor was found on it.

Witness continued : I swear possibly that is the hen .caught under the,,tin dish. I value it at ss. 1 feed my fowls every morning, and know every one of them. The defendant was not authorized to take my fowls. By'Mr'Perkins : My yai-d is fenced all rbund with the exception of the gate-' way. I have not cut the fowls wings so that they can fly over defendant’s yard. I marked them niyself, Tom, a man at Foley’s hold them. I cannot tell how many black fowls I have ; I swear positively I cannot tell how many black ones I have. I have 23 marked now. I have cut none within the last fortnight. I have killed no fowls for the last fortnight. I know it was not one of the defendant’s fowls I marked. I might have cut the defendant’s fowls if she had any, I am goods friends with the defendant. I put up a high fence so that we should have no more rows. Mr O’Brian was with me-in the kitchen ; I don’t .know any thing about Mr O’Brian and the defendant being on terms. I saw the defendant catch

: Mr O’Brian’s white rooster and she led | it go, as it would have been too easily missed. I counted my fowls this moru- , mg when I was feeding them; there

were exactly ,22.; I went purposely to see how niany tliere were. My experience tel’s me thjit a fowl will not stray. I swear my By the Court: lam positive the fowl produced in Court is my fowl, and that I marked it The dish was in defendants yard, and so were my fowls. I was looking into defendant’s yard from my lean-to.- I- was-about - a—yardtfrom the trap ; I was looking the weather-boards. I- could touched the defendant at the time. . - :— — By Mr Perkins. panels are down in my yaitf ,:tK‘ey!aiPe nailed on my aide, but I of ,imiling T thqm , up again.. «£ fendant about a month ago complaining of bottles being ■ threwn.in I;thi:ew it in the fire. • John Nash, constable, ■ Statibnedf&t Kumara, • deposed : " Prbhu'iTffbfmation received yesterday I went to Dringad and: O’Brian’s kitchen; 1 A /-place ‘ pointed out to: mb -wbetfi I cauld. aee a tin tub in’ the nert‘. yard,"Arid '■ wjisiin- ' formed a fowl wap under, it,aud I) was to watch until I sawr ;whp,i,catqe 'anil took it away. After 15 muiuteb watching I heal^ i a''3odr'oiiea :; ahd defendant come out.iuto the yard. At first I could only .see the lower portion of Her dress . but t wheu down near the tub 1 it fendant. She looked arourtdiverychrefully as if she was watgjbing. ~ While in that position a noise was 1 fficavd by me I and T suppose by whei* also as she then gob up and went down the yard a few /pwps.. She then returne.dj S tp^y^fett(ie tin was, and sat there again. -saw her spread 5 her blpthes out as if to hide, it from anyone it in_the yard I ;'she then lifted folding the A qpraera4 v qfer th^inj looked around her again, ing up the tin, "she kitchen door. As Jsoon as she.' entered the kitchen,’ I ; roltnd to- a eMail passage at the side; when 1 the door wasehut, : 1 opbhed it,'andentered. ; The defendhnbX Was there,ahd the tin was 'in r a ; dark ■ cbrn&r, th'h same one as she lifted fi from thpiyard. She said,‘VWhaßs upj ?’’ P the 1 tin and said “T Waht tp See VKStis in that tin ; 1” ; l Bhe ftibYod-’ aS-ifpbe was going 'to ruVi to the )titL ' E caught her by both prevent her to it. She said : ; “ Oh' iny AGod ! Mr. Hatton ?i let me go; .don’t shovv me 'up,! ■”■ She repeated the 1 samfr words insing my proper name, and to let hei*. go; and. not ; jwps struggling to get anay "from the' atlffiis ttimerMi4el>eaTled optied .or ’some banuaii came,and^Mhlseti! fihi As I.hhbUglit When he I iffcfed the tin arid I charged her wifh ■stolen the -fo wI - from tMr Rugg,._,' >She Said at .lirat It Washpr^; ;;'sfl#svaTcta she said she had bought^wp-fqijds-some mouth’s ago' frotn ai : black manF Xfterwardsuny attention was hbeqe string andastick behind the kitchen door. I examined the' fowl, anti oh the right wing found three feathers cat abdlthree hot Put. This (proudeed)’ is’thp'fb'kl?) * By Mr Perkins i There was a man in P’-Briaii’s kitchen. If do rfptikhow Ms name ; he . was watching;' Ithlohgbijb she intended to. kick: the’tihibverj aaid I caught her by the hands. Upon my -oath'she ’wa»fgoihg tbwards'theLbiril? T was directed to } bring. the thttp. the -Camp by the InspectoroftPolice;: said before Sfe/o’DohhbUlibe^^d ; ■ fowls and.thai she purchased-them fepip the man. The -fowls- were indentified by Mrßaggih the' statioh and’atth&tfnspector’a Office ; I went for Mr Rdgg. ‘ > I did not know what, marks were, on the fowls then. Mr Rugg desoribed/atl - the marks , before Mr, O’Connell: examined the fowls. ' -:'

By the Court ; The defendant^was the only one in. the room j- I was in uniform. r When she was going into i the house, with the tub ; I heard a noise as ; if a fowl was ija it, ! Robert Thimbleby, barman afrHogg’s and Joseph Laurey, v corroborated the evidence of the former witness as to the watching, and also-the trapping of the fowl. ' •

Mr Perkins made an eloquent appeal on behalf of-the defendant, and pointed out to. the Court that the parties in this case were at variance, 'and I*doubtless 1 *doubtless this had a 1 'great. deal-' to' dp- with the action of the prosecutor.. His Worship, in giving judgment, said this was a case out of the ordinary way, and he should <wnfitte- jto the day bn which the bccurrenbe' todk place, as requested by'the learned counsel for .the defence, phe peculiarity Was the way id whi^-the parties engaged- had watehied'- tbroughbcftthe whole affair, and the prbSecutdr evidently this Jus. fowls, lie had no doubt in mind that it was Mr RuggV ffowl. The defence was that the defendant hVd two fowls, but this was nbij •substantiated by the evidence.brought forward. And he. mu?t • say that it was oue df thnie cases in which* he wasT'so clearly.

impressed, that hetad .no doubt of his judgment. Taking the whole .circumstances into consideration, from beginning to end, he was.of opinion that the fowl was taken to defraud the prosecutor, and'tbat,being the case it became larceny. He. then-sentenced the defendantdo l 4 days’! haid labor in the Hokitika’ Gaol. The prisoner was then removed. \ ■ ' '[Left sitting.]'