WARDEN'S COURT MURCHISON.

Lyell Times and Central Buller Gazette, Volume VI, Issue 298, 6 November 1886, Page 2

WARDEN'S COURT MURCHISON.

Tuesday, 2nd November, 188 G. (Before Frank Bird, Esq., Warden.) Applications. Long Ti. Double area and dam ; granted. Edward Carton. —Application for water race, Owen; granted. S. J. Reeves. Protection for water races Bulmer Creek and Uno ; granted. D. Evans. —Application for water race. Objected to by Thomas Griffiths ; application refused. Alexander Thompson.—Application for water race; granted. Advance. —Adjourned for survey ; and Zealandia to stand over pending negotiations for amalgamation. Eureka. —Owen, adjourned for survey. Excelsior Company, Better Times Company, Progress, Surprise Company, Owen, adjourned for survey. Wakatu United Special Claim. —MrM. Byrne gave evidenc as follows The leases Uno and Wakatu, Owen, have been registered as the Wakatu United. We estimate that with machinery and other works such as tuunels and shafts it will require ,£12,000 to open up the claim. All the workings for the Wakatu would require to go through the Uno ground, and the amalgamation of these claims would tend to economise the opening of the ground. The Warden expressed his intention of recommendiug the application. Enterprise Company Special Claim.— Mr M. Byrne: lam the applicant, and desire to have the Broken Hiil, Enterprise, Golden Point and Progress leases granted as a special claim in consequence of economy and more speedy opening of the ground than if in separate leases, and also to justify the company in erecting machinery at a cost of about <£7ooo, and subsequently expensive tunnels, shafts, water races, &e., would require to be taken in hand. It would be impossible to get capitalists to go into the claims without being able to obtain a greater area of ground than that contained in an ordinary lease. The Company is prepared to erect machinery immediately on granting of lease. Recommended subject to survey of Progress.

LICENSING COURT FOR THE DISTRICT OF OWEN. (Before Commissioner Bird, Esq.,) Michael Fagan.—Conditional license at foot of Owen road; granted. Mr Moynihan appeared for the applicant. George Trower. —Conditional license at foot of Owen river; granted. Thomas Tattershall. Conditional license, Flower's Flat, Owen ; granted. Edward Carroll and Myles Dixon.— Conditional licenses, Flower's Flat, Owen; adjourned for granting to January 18th. The Commissioner stated that unless a great increase ot population took place at Owen he would not be inclined to grant any further licenses. RESIDENT MAGISTRATE'S COURT, MURCIIISON. o Tuesday, 2nd November, 1886. (Before Frank Bird, Esq., R. M.) Police v. Stephen Oxnam. An information for having sold drink in his licensed premises, Fem Flat, during prohibited hours, viz., Sunday. Mr Moynihan appeared for the defendant and admitted the charge pleading as mitigation that the people supplied on that occasion were bona fide travellers, and also pointed out the character and description of the house during Mr Oxnam's management. The Magistrate said that as this was the first offence, and the house had been hitherto well conducted, he would take iuto consideration the punishment of endorsement of license and would inflict a penalty £1 and 38/ costs. Hofer v. Sullivan and Sullivan v. llofer. Mr Moynihan appeared for' Hofer in both cases and put in an agreement of settlement and both cases were withdrawn. Flower v. Ribet. Judgment summons for the amount of £G- As the defendant did not appear an order was made for payment within 14 days from this date or in default 14 days imprisonment in the Nelson jail. Goddard v. Hunter This was a claim for £ls for wilful damages done to a horse. Mr Moynihan appeared for the plaintiff and detailed the circumstances surrounding the matter which showed that the offence was committed by difendant's son having stoned and set dogs on plantifl's horse there by causing his death. Henry Goddard. —On 3rd August last I left for Nelson on horseback and arriving at Mrs Husband's I borrowed another horse owing to the inability of my own to perform the journey I left instructions to to turn my horse back on my departure I never saw the horse again alive. I valued the horse at .£ls Cross examined by Mr Hunter. —The valuation of the horse I arrive at myself. I gave £3 and another horse for him. The other horse was not valued at £6. The reason I left my horse at Husband's was owing to him not being shod. The only time I ever threatened the boys was when I asked them to tell me the truth about the affair. I recived a letter from Mr Kerr respecting my action towards his son Emma Husband.— I remember Mr Goddard leaving his horse at our place, j I was returning home from school witii several children among whom was Willie

Hunter, who threw stones at the horse and set his dogs on him, I have not seen the horse since then. Cross ex, by Mr Hunter.—-I am 15 years of age. At the time Willie Hunter was there the horse was on the road. J am sure he threw stones at the horse. I am not certain ahout him putting the dogs on, although I heard them. John Reid. —I am 14 years of age, attend school and am in the 3rd standard. Remember August 3rd. I saw Mr Goddard's horse feeding alongside the road, and when 1 passed him he came running up to me with Willie Hunter and two dogs behind. The horse after falling on a bridge went into the bush and Willie Hunter followed him. I have seen the dead body of the horse, but not iu the same place as I last saw him alive. Cross ex. by Hunter.—Mr Goddard threatened me that if I did not tell the truth about the matter he would puc me in jail. He did not request me to tell him that Willie Hunter interfered with the horse. This closed the ease for the plaintiff. William Hunter.—l attend the Fern Flat school I remember the occasion of Goddard's horse being on the road. Myself and another boy were rolling stones on the road and the horse became frightened. Thomas Ken*.— I knew Goddard's horse, but not sufficently to estimate his value. I would not consider him worth £ls Alfred Smith.—l would value the horse at between £5 and He was aged and pretty well shook about: I would not give more than £7 or for him. Mr Hunter made a statement mainly showing the annoyance and inconvenience caused through people allowing their horses to depasture on the main road. Mr Moynihan addressed the Court for his client. The Magistrate in giving judgment said that he considered the case proved and remarked strongly on the liability of accidents on narrow roads inconsequence of dogs being allowed to run out at horses; he was not inclined to allow the amount of damages claimed, but would take the estimate of Mr Smith at £1 with 25/ costs and .£1 Is. professional fee.