Resident Magistrate's Court, Foxton.

Manawatu Herald, Volume III, Issue III, 5 September 1890, Page 2

Resident Magistrate's Court, Foxton.

> Before H. W. Hwbnnt Esq, R.M. Wednesday 3 Sept., 1890. Civil. Edmund Osborne v. \V. Spring-. Chum £2 Is. Mr Ray applied to havo the cas^ adjourned to next Court day — gran cd. P. Vautier v. Richard Waldeu. Claim £10. Ml- Ray applied for a postponeni= nt to next Court day. Mr V.iutit r objected to an adjournment as defendant had had ample opportunity to omp oy a soli'-iior us the case had existed for 6 months The R.M. said thai defend ml lri-1 had proper time lo prepare his de f'-ncc, but le thought it might be as well to I'ostp 'lie it. The cisc was adjourned to next sitting 1 day on application of defendant Defendant to iay expenses of fed iy. Witnesses (8> to be al owed fi- oach. H. Hra k-ock v. (!. V. Hawkins. Mr Ray for plaintiff. Cl.im £18 ins. Jndjjemsnt by confession for ammi'it c.niin'd £13 19s. Coats IBs Solicitors fee 218. !

Criminal. P. Guorin v. Phillip Vautier. Mr Hay appeared for the prosecu tor P. Vautier was charged that on tiie 2 d day of August he did re-cue v > cows which hsiu 1 bex-u seized by Patrick Guerin the .borough Ranger for the purpose of being impounded. Defendant pleaded not guilty. P Vautier desired to say that the ground he relied upon was that the oat lie were not legally seized. M.- Ray said the charge was brought, under sections 17 and 48 of the Impounding Act 1884. The fac s were that 011 the date men tioned Ml- Guerin found two cows in Norbiton road which the Borough has charge of, and finding them at large. se'Z'd them, and on the way to the pound die defendant got posses* sion of them, though the Ranger warned him of the illegality of the act. T. F. Gibson deposed I am the Town ( lerk, I know Norbiton road, it is a publicr >ad within the Borough, a. ml they keep it in repair. P. iriu-rin has be' n appointed Eanger, 1 minivehook produced). Theduties of the Ranger are to nnp'.us.dail straying cat'le on the roa Is. Theiv was . no other document except the minute. He was npp 'inted in March. Letter produced is the notice given Guerin. (The defendant applied to be allowed to cross examine witness after the other evidence had be i n heard. The R.M. said that he cou.d n>. th'^n cross examine him but could call him as a witness). He decided to cross examine at once. By Jei'endant — Tenders were ca led for Ranger. There were other tend-Ts. P. Guerin's was not the lowest, tender, I know the Ranger lias been in the habit of impounding, cattle. P. Gnerin deposed, I am the pro--1 sp.cutor anl am tho Ranger, my i duties are to impound all cattle on the public ro ids. On the second of August I was engaged m my dut es as Ranger. On that day in Norbiton iviad I 'ouud two cows, one was on each side of the formation. No one was in charge. I saw some children playing. As I was taking them a little girl said she would go find tell her father that I was taking the cows to the pound. She was about 4 or 5 chains away in tlie rotci, I was on foo" aud drove thorn before me towards the pound. I had gone 20 or 30 chains when Mr Vau'ier seized them. He ran round them and stopped them, and I told him I «as Borough Ranger. Ho said that the children were minding them, and the catt c had not been there five minutes. I told him I would summon him. he turned them round and drove '.hem buck after I had warned him I was tho ranger. By defendant — I am aware that I am on my oath. I was doing my ■Inty as ivnger, I was doing something c so. Iw is putting oi in the amps. lam also lamplighter. It is convenient. There svere cattle 'riven out before I came to your cow.-?. They were Trask's. They were driv- nby ?> chi.dr n. I did not inte'fere with them. I told th 'in to take them homo. I Bwear that no one asked me not to inter fere with these co«s. (A lung argument here took pace 'between defendant and the R.M j I say that there was no one with the cattle. I am neither shortsighted or deaf If children had ben thero I should have seen them or if they had sp .ken I should have heard. Yon were on foot wh<n you came after the cattle I warned you b 'for" you touched the cattle that I was Ranger. You Aid not ask mo what right I had to touch the cattle when they wore in charge of children. You pointed out a grey horse and sail "' there's a horse,'' there's a horse," in an excited tone. I could not catch him an:l I put him into the pound noxt ray. (Another argument between the de'endant an i R.M. ocenred here). Tho abnS' 1 wa* about the horse. T h-M-e not received instructions from the B .rough Council to allow any on to graze cat lo on the roads. It is my duly to im ound all cattl". TJi hard Wa den deposed I reside in Norbiton road. I remember 2. id August last. I saw the ranger there on that day. I was digging in the garden. I saw tho t*vo t ow.s on the road, they had bi-eu up and clown about an hour A little boy and girl were minding them. I saw Guerin take the cattle, he drove thrir down the road. I said I thought it a s uart trick. I saw Vauti-r go down the road and drive tho catt c back. The chi den were inside the fer. (> e a couple of chains. By di- fondant — I saw the boy and girl come out with the cows about 2.30 and the Ranger took them about 330 I know that they were 011 about an hour. 1 did not see other cattle on the road Nearly every one turns their cattle up the road. I have counted at times 27 horses on the road since Guerin has been Rafger 1y Mr liny — I said I had sofn the 'ittle boy and girl minding the cattle. Nciiry Bla'e deposed nn the 2nd August I was going up the Nnrhiton r 'ad. I saw the Ranger as I camo back from tl»e gird n. I en<v s..,ne ratt 0 on the roa 1, they wer^ grazing 1 I had seen them theiv half an hour j previous. I saw the Ranger drive '

the cows towards the town, and about a minute afterwards Mr Vautier came running from his house. I saw bin: run in front i<f the cattle and throw his arms up. I saw no oiip on the road, but some ohildren play in.> in some property. By defendant — My garden ig 8 cha.ns back from the road. I did not see other cattle on the road. The road is ivt v metalled road. Tliis concluded the case for the prosecu'ion. 'i lio R M. called the Ranger and a«ked if cattle were a lowed to graxe on the roads in charge ol children. The Ranger said no. Mr Vautier contended that the iiii formation must fall to the ground as nothing had been proved to show that the cattle were breaking the e'ause of the Act under which he was charged. The cattle had been out only a very few minutes and were in charge of two children and the cattle were being driven aud Mr Guerin had no right to interfere with the cattle. Ada Yautifti" deposed, I remember the day the Ranger took the cows. I had been on the road about ten minutes with my brother Freddy, j. was on the road not far from the cows, and was driving them. "When the Ranger came up he said he was going to take them to the pound. He hit them. I told him to leave the cows a one. There were three other cows coming along. By Mr Ray— l brought the cows out of the field and was taking them round to the front field I saw Mr Blake standing by "Wai den's When we came out we staved out. By defendant— Two little Rands spo' r e to me as we were passing. Frederick Van tier, not sworn said Ada told the man to leave the cows alone J. W. Gower deposed, I am the Mayor lam a Christian. (Defenwnte r l to know if the witness was a Christian and a Poacher of Rigiitpomoiipsp, this wa« objected to • y the R.M. and the Witness Question disallowed). I may state that Mr Van tier addressed a long letter to me as Mayor and my reply covers all the ground. The Council has not given authority to anyone to graze cattle His duty was to keep the roods free. (D fpndant said his special object in calling' Mr Gower was to show the Ranger was not carrying out'his iostmcioTis). (Mr Gower earnestly desirfd to hsive the correeponde n ee read l . Mr Gower — I do not know if the Co opernlive Vakery Co's horses have hid free run of the roads for months. By Mr Ray — I know that the Ranger does frequently impound cattle. There lias been no favouritism in the Counci'. P. ViUitier deposed, on the 2nd of August the, time that t.'-e children had been from horn" to take the emvs round cou'd not have been so long as sated. It wa« but a short time after the 'ittle girl had left that she came back etati'-g a man had taken tli« cattle away. It is to my know'edgo that from day t<> day cattle are on t v ie reads from morning to night I was out of breath whrn I reached the -ows. I put the ques' tion to Gnerin "What ac you doing with my cattle" he v pied "I know what I am ab">nt " He. then threatened to summon me. and afterwards he muttered simetln'n r about being the Rang p r, I sa ; d "If y^u are the Ranker, impound thnt horse : ' Mv boy has had his horse taken away when sent to the store and it h neoeßsarv sometime« to take the law into your own bands, in tin's district. This is all the ev ; dence T have to give, I used no forco to ropAn? my enttle. B; Mr Rav — 1 took them bnck home after I had seen them in Criiprin's posses- ion By the R. M. — The cows were flri-pu out of one of tbe paddooks and I drove them back there. The R.M said it appears that a deal of time had bee'i was'ed nnn<v'r»ssnrily. It is cloav that the defendant did rescue the cow 3 from the Hnngr on the rond. The Ranger's partiaity is a matter for the Borough Council to deferm'ne. The Ranger said he had found the cows 0 ) the road and a litt'e girl 4or 5 chains off. Walden said they were on the road an hour, Blake said he saw them half an hour. The little girl could not have been driving if phe wai, for nny lawful purpose as the defendant drove them back to the same place. He thought it was a pity the case was fiver de''enled The Legis^ture looked opon tlie offence as a very seiioua one as they fix th« limU at £50. The defendant is fined 40a and costs 9/--Witness did not claim expenses.