S.M. Court.

Manawatu Herald, 21 July 1900, Page 2

S.M. Court.

(Before A. Greenfield, Esq., S.M.) Thursday, 19TH JULY. The following business was conducted after the publication of out last issue : — CRIMINAL. - The Inspector of Factories v. G. Siefert. Breach of Factory Act in failing to report an accident to an employee . ' Defendant pleaded guilty. The Magistrate pointed out that he was liable to a penalty for £10 — he however imposed a fine of 20s, costs 7s. F. Shadbolt v. J. Andrew. The defendant was charged with attempting to rescue cattle, and the plaintiff made an application for defendant to find sureties of 'peace. The* two cases were heard together. ' Mr Moore, for Messrs Hanking and Loughman, appeared for defendant. Mr Bay appeared for informant. The defendant pleaded not guilty. Oliver Austin deposed — His firm had drying paddocks up Union-street ' near defendant's residence; had cause to complain of stray horses in the fibre paddocks ; on 20th Jane, in the evening, Shadbolt- went with him to the fibre paddocks ; in adjoining paddock to the one fibre was spread in saw some horses there; were not certain whose they were ; Shadbolt suggested -catching one and leading it iot rest to follow ; tied up horses we were riding to go and catch the horses on foot ; could not catch the horses and so returned to our horses; we could not .find mine, and so decided to leave it there till morning ; Mr Shadbolt said he would impound the horses in the morning ; we got to the gate and heard some one galloping up on a horse, it was Mr Andrews; he asked where the horses were ; I told him they were in the paddock ; with that he galloped across to see if he could see them, and he came back and said be would hold him (witness) responsible for the horses, and said if we dare to lay our hands on them he would cut us up in pieces with a tomahawk {he was holding one in his hand) ; with that he rode out of the gate and started calling us foul - names and again threatened he wouW chop us up into mincemeat ; Mr Shadbolt asked him if he would chop him up if he laid hands on the horses and he said " yes, or any other like him " ; Shadbolt told him to come and do it ; on leaving him near defendant's house Shadbolt said he had impounded the horses and would be up in the morning with the constable.

Cross-examined — Do not know how the horses got in the paddock ; there was no fibre in the paddock ; could not swear if the gate was open ; the probabilities are that the gate was open and the horses went in and out that way; do not know that Andrew took the horses out ; it was dark in the evening, about 7.80 or 8 o'clock ; had given up all intention to impound those horses that night prior to Mr Andrew coming up ; quite sure it was a tomahawk Andrew had in his hand ; was afraid of being chopped up; he made no attempt to do so; he Was the only one angry. Re-examined— The coach passed at the time. We just drew the gate to when we left that night.

F. Shadbolt deposed— On 20th June I made arrangements with 0. Austin to see the paddocks the cattle and horses were in ; we went into one paddock and through a wire fence into the adjoining one ; we were riding ; at the top end of the paddock there were three hordes there ; do not know the horses ;" $> tied our horses to a skack and tried to catch the three horses ; we cpiijol not do so and went back to get our , horses to drive them ; getting.^pjhe. stack 0. Austin's horse had. gone ; we looked round for it and* went bask to the gate ; when at the gate the horses had gone through we heard a rider coming and. Mr Andrew rode up ; he asked where his horses were ; 0. Austin, paid they were- -in. ! she paddock ; he galloped into the paddock and returned and said "if you dare lay your hands on those horses he would cut us up with a tommyhawk" (he had one in his hand) ; he said he would watch us all night and if the horses were seized he would chop us up into mincemeat ; the coach was passing at the time, and after it was a distance away I asked him what he would do if I impounded his horses at any other time, he replied that he would tommyhawk me or any other like me ; I got close to him and struck a match to see if he had had a tommyhawk, and he had it by his side ; I told him I would leave the horses and impound them in the paddock till the morning ; when I went next morning the horses were gone. Gross-examined— The conversation at first was between Andrew and Austin ; it was a very clear starlight night ; could see horses 4or 5 chains off; am not acquainted with that part of the country at all ; intended to impound the horses next day ; I shut the gates ; I tied it with a bit of tow ; could not say whether there were other places the horses could have got out ; at a quarter past six the following morning Andrews horses were in his paddock; there wai a little bay horse with them ; *

the gateway was 15 to 20ft wide. Mr Ray said this was his case. The Magistrate said as to the rescuing the information must be dismissed, as according to Mr Austin's evidence they had given up any attempt to impound the horses that night. J. Andrew deposed — When I got to the gate I heard some one trying *to catch some horses ; it was a very ▼ dark night ; about after half an-hour Shadbolt and Austin came along and I got off my horse and got a big gorse root ; I got on the horse again and saw Austin and asked him what they were doing to my horses ; I told them I would hold them answerable if the horses were injured ; I told Austin sneaks like him would tommyhawking for impound- j ing people's horses at this time of night ; I never spoke to Shadbolt ; I did not have a tommyhawk in my hand. Cross-examined — Nothing of the sort was said by me except what I have said ; Shadbolt never said " wi'l you chop me up if I take your horses. j The Magistrate said there being 1 some doubt about what had been said and it had occurred some time ago and no' attempt at a breach of peace had been made since he thought it was not necessary to .bind defendant over. No costs were allowed. The case of J. Andrew and wife v. O. Austin, a charge for trespass was adjourned to next Court day. Sophia Walden v. R. Walden. This was a charge of assault. Mr Ray appeared for plaintiff, and Mr Moore for defendant. ' Evidence was given by the plaintiff and her mother for the prosecution, and by the defendant on his own behalf. The.Magistrate dismissed the case, thinking it bad not been sufficiently proved. He warned the defendant that he must be careful, as having been previously bound over to keep the peace he would have to go to gaol without the option of a fine if convicted of a similar offence.