RESIDENT MAGISTRATE'S COURT FOXTON.

Manawatu Herald, Volume II, Issue 77, 21 May 1880, Page 2

RESIDENT MAGISTRATE'S COURT FOXTON.

♦ Wednesday, May 19, 1880. (Before ft. Ward, Esq., E.M.) BREACH OF RAILWAY REGULATIONS. Henry Jolm Lloyd , of Pabnerston, was charged with quitting a railway carriage while the train was in motion, on the 3rd May. Defendant admitted the offence,but stated that the train Avas just going into the station and there were a number of trucks ahead. The train was barely moving at the time, having all but stopped. Henry Burr, travelling clerk on the Foxton Railway, said he saw Mr Lloyd leave the train opposite Mr Whyte's on the 3rd inst ; the train was not going fast at the time, and was going into the platform. By Constable M'Anulty — There is a copy of the byelaws hung up at each station. His Worship said he could not dismiss the case, although it was not a serious one. Defendant would be fined 5s and costs, 7s. WANDERING CATTLE. Alexander Gray was charged by Constable M'Anulty with a breach of the Foxton Local Board byelaws, in allowing two head of cattle to wander at large on the 14th of April. Mr Gray pleaded not guilty. Catherine Sullivan deposed — On the 14th April, I saw Mr Gray's two cattle on the road, early in the morning ; I am sure they were his cattle, because I have seen his son turning them out of the paddock. By the Constable — They were Mr Gray's property at the time ; Alf. Coley was present on that morning, and saw them. By Mr Gray — I am quite sure they were yours at the time. I saw them out on the road. Mr Gray said that two yearlings were the cattle in question, and\he did not own them on the 14th April. They were sold long before. By the Bench — I have sold them ; they do not belong to any of lny children. The Constable asked— "Would Mr Gray state who the cattle did belong to? His Worship said he was not bound to do that. The defence was a good one, and the case would be dismissed. ANOTHER CHARGE. The same defendant wa^ then charged with allowing two horses to wander at large on the 7th May. Mr Gray said he admitted the horses were out on the date named, but he would explain that he fed them himself on the evening before, at 8 o'clock, and left them all safe in the paddock. He allowed people to go through the paddocks, as it saved them a long distance round the road. In the morning, he found that the gate at the bottom of the paddock had been wrenched off, and thrown on the ground, and the horses were out. Ho had his suspicions who had done it, as Mrs Sullivan had been seen prowling around. Constablo M'Anulty was about to

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place Mrs Sullivan in the box, to support the charge, when his "Worship said he would rather have a different witness. It appeared as if some petty spice was concerned in the matter! and he would not assist it. At tIM same time, he wished to deal ou^jP even justice, and would prefer to have^ another witness. The constable said another witness who had promised to attend was not present. He would put Mrs Sullivan in the box to prove the horses were often wandering. His Worship said that on the occasion in question Mr Gray admitted the horses were out. The Court had nothing to do with any other occasions on which the horses might have been wandering. The Constable said that was all the evidence he had to offer, but asked that Mr Gray's statement might be taken on oath. Mr Gray then repeated his former statement on oath. He also stated that directly it was found the horses were out, his son brought them in. He further asked — How it was, considering his horses were with a mob of others — the constable's included —he was the only person summoned ? His Worship said he would dismiss the case, and advised Mr Gray to close the road through the paddocks. VIOLENT ASSAULT. W. Parewhauake was charged with assaulting a Maori girl named Hekeira Whakewhiti, by kicking her in the abdomen. Constable Mitchell conducted the case for the prosecution, and the accused was undefended. As Mr Baker was absent, His Worship interpreted. This was a case from Otaki, the parties interested, witnesses, &c, being residents of that township. Defendant said he kicked the girl, but not in the abdomen. Complainant deposed that on May 12 the defendant assaulted her during a squabble ; he kicked her twice in the abdomen, and once behind, causing the blood to flow freely. Christian Jensen, being sworn, deposed — I am a carpenter, and live at Otaki, and know both the Maoris ; I heard them talking on the 12th May in the whare where the row occurred ; I saw defendant kick the girl ; I did not see him kick the girl more than once ; I think I saw blood ; the girl cried ; I do not think it was a hard kick ; the girl was in the act of lifting down a cup when she was kicked ; I could not say whether she fell ; I think I saw her on the floor. By the Constable — I am not in the employ of defendant ; lam not in anyone's employ at present ; I was at a meal when the row took place ; I did not tell a person present in Court that I had seen the girl kicked twice by defendant; it may have been possible, but I never saw it. By defendant— l was in the house when you kicked the girl ; I only saw you kick the girl once. William Northcroft, a carpenter, living at Otaki, deposed that he saw the row in the whare ; heard the Maoris talking together; and that was all he knew of the affair. By the Court — I did not see the kicks given ; could not say whether the girl was on the floor, nor whether she was bleeding. By the Constable — I have been employed by defendant ; we are boarding with defendant at the present time ; lam sure I did not see the girl on the floor ; I did not take any notice of the affair. By defendant — I did not see you kick the girl, and I was in the whare at the time. George Spackmau, a resident at Otaki, said that on the 12th May, he was called in to see the girl; she was bleeding profusely from a wound given her in the stomach ; the wound was very much swollen ; she had been examined since by Dr Hewson. This was all the evidence. Defendant said he was very sorry the affair had happened, and he would not do anything of the kind again. His Worship— l find this is a very serious case, and I shall have to punish you severely. You might have killed the girl. I shall fine you £5 and costs, or three months' imprisonment in gaol. And I shall further require you enter into a bond of £10 and two sureties of £10 each for your good behaviour for six months. — The costs of the case amounted £5 Bs. The money was at once paid by some friends of the prisoner, and the requisite bonds were entered into by two Maoris later in the day. CIVIL CASES. Thompson Bros. v. S. Tansley— Claim £5. Judgment by consent, to be paid at the rate of 80s a month, costs Bs. J. A. Perreau y. G. SimpsonClaim £10 17s, being a fifth share of the claim recently won by F. Loudon against the proprietors of the Paiaka Sawmill. Judgment given for £8 18s. H. L. M'Fadyen v. J. SmithClaim 1 9s 6d. Judgment for amount claimed and cost?, 18s.