Resident Magistrate's Court, Foxton.

Manawatu Herald, 17 September 1892, Page 2

Resident Magistrate's Court, Foxton.

(Before H. W. Brabant Esq, R.M). Thursday, 16th Sept. r : CMMIN'AIi. Joshua and Robert Mather were charged by Richard Goggin, with trespassing on section 78. Carnarvon on 26th August.

Mr Hallicfay . appeared for theMathers, and he asked that they charged separately. "•'■./ Mr Bay appeared for the complainant. ,■■ Mr Bay said that Mr Goggin was: willing it the defendants would agree to promise not to trespass again and pay costs withdraw the charge. The following words were added to the information " And neglected to * leave : such place after being .warned to do so by Bichard Goggin the owner;" Joshua Mather was charged alone as above. " Richard Goggin, being swornSaid the section was about a mile long and seventeen chains wide : It was part bush and tfwamp : there were two ridges runniri^^aoross the land : sheep camped" oo£ihem in evening: lambing commenced on J2th July; sheep .have been disturbed by the two defendants going across frequently; written notice was given on the 24th to the defendants not to cross ; qh the *, night of the 26th August, determined to watch these men ; stayeu 1 on the boundary fence on Bredow's land till 10 or 11 o'clock ; listened to the defendants talking r a&- they 'came towards the fence ; one- said "he plays a fairer game than the other." Joshua said to Bob, as they came to the fence, ," we had better go back to the other ridge as he may be watching us?" "No!" sayg Bob, "we'll go through here." He then called out, v Yes, Joshua and Bob, I am wa.tching you and I will play a fair gam** with you after this night." They both then ran and saw no, more flf iii«na, that night ; it was starlight '; V , epuld recognise them; they were : about halt a chain of; they went to tbeir home and had crossed the whole of the section. .. By Mr Halliday— Watched on 2,6 th: because the 24th was the wettest night we had had and the whole day had been spent in getting sheap out of water, and had seen one of defendants go through;., he then determined to watch at night. By Mr Bay— Had no ill-will against defendant . or any other man. • • ; This was the case for the prosecution. .:.;.• ■■.-< fi^ Joshua Mathers, being swprp, sa^d He had received notice (produced) not to trespass; since then; neverhad been on section 78; oa ; 26th. August went to Mr Grady's in the^ evening; left there about 11 o'clock ; on returning home had, no ponversation about crossing. .Goggin's property, and did not cross it. By Mr Bay— Have crossed ove? Goggin's property since the lambjng •;. Goggin told him he did ._" not allps him to be on his place ; did not say " you had better go ont of here! or I will summon you." ; Had seen notice and been across the land since seeing it; when Goggin had told us that we were not to go on the land; the 14th August we went straight across, with complainant and did not turn back ; were playing cards at Grady's on the; 26th;.|We went up to the fence and. .outside, of it; did not enter on the lavid that night. ' .•■■■. ; : . : :..;•; Bobert Mathers being sworn / said —be was was at Grady's from (f. to 11 o'clock on 28th August,;; orady had said it was 11 o'clock;* nayee been on the property of- complainant* since the notice was issued. . — .■,:, By Mr BayrrQnly; crossed buis ' once" .after the npljice , was up^ ,pn' ft, Sunday; Goggin ,s#id he=wpui| take, proceedings against • us ; never : oaid "It was an old, track and hie would go' through ;" did say "He pjayg a fairer game -than the pther;,'' di<i not' hear or see Goggin */aU ( ' tihas night ; spent. most : Sundays,., and nights at Gravy's, played I cajcdiiflbut never gambled. ,. .<■ .. ■ !li -r,:>. il i,.- l :•.,».,,• Patrick Grady being ; sw,prn .sai^, —On 26th August ,s.aw the., Maj^etojf at his house ; were playing cards; for amusement ; never played for mqtiej ; thayleft at 11 o'clock, ;by r his time, could not reckon whaiitiwasby any other time, ; did flot see the.timja for six months together. „ s ;: . > il(^ , . Bichard Goggin recallsds^d.-rpn the Sunday in August he, told defendants they were : to go bapk as they were disturbing his sheep and; jajn,fc[s,; Bob said he would not- go, , back would go on in defiance ;.pf, him; since notice was up he had se^en, de-^ fendants go through several times. . , , The B.M. said owing* to* the;contradiccory nature of the evidence he, did not see fit to convict and he would dismiss the ease without costs. : The other case waa withdrawn against Robert Mathers, ,^ Crvn.. ■'■■■:,] John Burr v. W. Howdj-^Glaim £8. • ■. ' - : ••• ;. --■'■■ - Mr Bay said a witness had not appeared and he asked for an adjournment. ; -■ ; i- ;' ■[.- It was so arranged on plaintiff agreeing to pay costs.' ' ; , f