RESIDENT MAGISTRATE'S COURT CHRISTCHURCH.

Lyttelton Times, Volume II, Issue 77, 26 June 1852, Page 10

RESIDENT MAGISTRATE'S COURT CHRISTCHURCH.

19th June, 1852, (Before Capt. Simeon, Mr. Bhutan, Capt W £SMNEA , M r. Phillips, and Mr. Rhode? j Fmnamore v. Sharp.-Thh was for a balance due upon 320 feet of edging supplied-claS resisted upon the ground that 400 feet were m", pTannlff ""' bee" SUp?Ued' Jlld B™ent Tribe v. Mnnamore.—Fov dpbt ' oUim „ i mitted, time pleaded for and grimed *" •Charles Jeffs v. Benjamin Mountfort.—Wine months ago the plaintiff was in the service of

defendant, and had been working on his land; whilst there he had some articles brought round from Port in the " Old Man" schooner — some packages of Mr. Mountfort accompanied them; plaintiff paid the freight for all, and now sought to recover 155., the defendant's poition, and ss. for a bushel of bran he had bought for Mr. Mountfort's horse.

Mr. Mountfort said that Jeffs having some things going round from Port in the " Old Man," he sent by the same opportunity some samples of seed, all of which he put into a sack ; Jeffs says he has paid the freight, but omits to produce a receipt, and charges me with 155.; I have a certificate from the master of the " Old Man," declaring his charge for grain to be 9d. per bushel; and as everything I sent round was packed in one sack, I consider Jeffs to have made a mistake in charging me 15s. as my portion of the freight. The magistrates consulted and adjudged defendant to pay for the bran, and 4s. 6d. for the freight. Costs divided.

Bartholomew Flanagan was charged by Mr. H. F. Worsley with shooting a cow belonging to him. Flanagan did not appear when called, but came into court soon after.

Capt. Simeon had decided, however, to adjourn the case to Monday, at 1 o'clock.

Monday, June 21. (Mr. Godlet, Mr. Brittan, Capt. Westenka, Mr. Kussell, Mr. E. J. Wakefield, and Mr. Beat on the Bench.) Mr. Worsley stated that his cow had been shot at, as he believed, by Flanagan. Mr. Brittan—What is the nature of the injury done ?

Mr. Worsley—The cow is scarcely able to move about, and one of her legs is quite paralyzed.

Mr. Brittan—Have you made any estimate of the injury ?

Mr. Worsley—Very likely the loss of the cow.

Mr. Brittan—(to the defendant) Have you anything to ask Mr. Worsley ? Flanagan—No Sir.

G. Jackson, sworn—On Monday the 14th instant, between 9 and 10 o'clock at night, I had gone to bed : I heard two reports of a gun at about five minutes' interval ; heard the prisoner shouting to cattle; I had seen Flanagan about a fortnight ago, when he came to ask me for two charges of powder and shot; I asked wnat he wanted them for, he said to frighten the cows from his garden. I gave him what he required, and a couple of caps, tellin«him at the time not to shoot at the cows. ° Mr. Brittan—Where do you live—do you live near Flanagan's ? ' J Jackson—His section is at the bottom of my laud. J

This witness was subjected to a very close examination.

S. Stephens, sworn—Friday week I went on the land, and Flanagan was ditching outside Ins garden ; he said to me, " if I see any cows m my garden I'll pepper them, as I have" got a gun loaded. I since heard him say to Mr. Feudal , that he would shoot with ball, and stand the consequences. Mr. Fendall, sworn—Last Friday week Stephens met me and said, that Flanagan had threatened to shoot any cows that came into his garden ; I saw Flanagan and told him he had no ngnt to shoot at them as his garden was not properly fenced in. Flanagan told me he had shot 'at a black bull, and not fat 4 the red cow • 1 went to the spot immediately, which was about SO to 100 yards from Flanagan's garden ; I told Flanagan the black bull had no Ws of being shot, but that he must have shot at the red cow; he denied having fired with shot at all, hut with peas. Thomas Hall told me that he had seen Flanagan try at the cow twice, but had missed fire. I have a joint interest in the cow with Mr. Worsley. Mr. Godley asked Flanagan if he had anything to ask this witness, but he only stated that he denied most positively having shot at the cow. No further evidence was adduced and Si- 6 J m» Wa^ cleave(L 0n our readmissioii, Mr. Godley addressing Flanagan said, that the .bench does not consider the evidence against you sufficiently conclusive to warrant our sending the case before a jury, we must thereore dismiss you ; but I wish you to know that there are grave suspicions on our minds. The oflence is one which, when the offender is convicted, brings with it the sentence of transportation to Van Diemen's Land, and we give

this wanting, as a behefl^lrT^ owners of land are justified in sW ° 6X,st tb« trespassing. Every trespass suhl" 8' at Cil"le cattle to legal damages, Ci ft?^ of tion of the magistrates to award l!>V,ilsei'eges, or otherwise, accordin Z ItiTV^of the fence_round the land^pas^ „p^