RESIDENT MAGISTRATE'S COURT.

Manawatu Times, Volume III, Issue 58, 19 July 1879, Page 2

RESIDENT MAGISTRATE'S COURT.

Thursday, July 17, 1869. [Before R. Ward, Esq. B.M.] breach oe borouq-h: laws. William Peck, was informed against by Constable Gillospio for a breach of a bye-law, by riding on a vehicle without there being, and having, hold of a good and sufficient reins thereto. The Constable stated that the offence was the first of the kind which had cropped up, and he did not wish to press for a heavy penalty, as it was merely brought m order to make known the existence of the byelaw. The accused was cautioned and discharged. VAGRANT HOBSES, Thomas Moffatt, Joseph Beale, A. Dike, and George McCarthy, were informed against for allowing their horse 3to wander m the Square, contrary to the 28th Clause of the Borough bye-laws. The Bench intimated that a fine of five shillings and costs would be inflicted m each case," but expressed deternination to visit future offences with the infliction of a pound. LARCENY. Daniel Burke, arrested for larceny of two greenstone ornaments, was remanded to Marton, where the theft had hecn committed. CRUELTY TO ANJMALB. John Cartwright was charged upon information, with cruelty to a horse, in.causing its death through working it while m a bad condition. Constable Gillespie conducted the- prosecution, and called ■ , Robert Mackie, whc deposed that he had hired a horse to the accused, and after it had been for some time m his possession, he went to the paddock, and there, saw the animal m a most deplorable condition j presenting from the head to tbe tail one mass of bruises and sores-. The value of the horse was £9. Mr Warburton appeared for the accused, and elicited from witness that he did not think. under certain circumstances it would be cruelty to turn a hor3e into a paddock at night. George Grey deposed that he had worked for- Mr Mackie, and had helped to Bkin the beast after, it had been found dead. It had all the appearance pf having been brutally treated, having nothing m its stomach but water. To Mr Warburton : 1 did not notice the horse's mouth. To the Bench : There were several bruises on tbe loins and shoulders. William Hanlon deposed that he had been working for Mr Cartwright and knew the horse which had been hired from Mr Mackie. He had worked the horse for about eight days. He drove the -horse to Awnhuri and back twice a week, and all round tbe town every day. It was put m Mr Mackie's paddock once, and then was turned on the flat. It frequently stuck the cart up, and it had to be beaten to get it to go along. Mr Cartwright . wept with the horse and had to beat it to get it along. It was worked aftor it had bad shoulders. To Mr Warburton : Remembered the collar being changed, because it hurt, tho horse. I was not m the employment of accused the same time as Simmonds. Anne Dikes examined : I remember seeing a boy that was working for Mr Cartwright working and beating a chesniit horse. Mr Cartwright was not there.' To Mr Warburton : I did not see the horse after it had been skinned. George Simmonds deposed : -I am working for the accused, and when I used the horse he was m fair working order, although there appeared to be something the matter with him. His shoulders were sore, but I have seen horses worked much*worse. When I returned homo I got him a feed of oats, but he did not eat the whole. I then took him to a paddock which had a good bit of feed m it. To the Bench: The horse was hot illtreated to Mr Cartwi-ight's knowledge. , The Bench at this Btage of the proceedings intimated that it was of opinion that there was not sufficient evidence to connect the accused with the alleged cruelty, and dismissed the case. ' CIVIL OASES. John Strike v v. William Deards;— -This was an adjourned case, a portion of which had been heard at the last court day. Mr. Maclean appeard for plaintiff, and elected to take a non-suit This course was objected to by Mir. Pryor, who held that such an application could not be made until the costs of last adjournment had been- paid. , ■ ■•' Plaintiff non-suited with costs of ' last adjournment, amounting to £4 18s. which together with the expenses of witnesses amounted to £12 12s. John Waldegrave v. W. S. Staite. — ; Claim, £50 upon a dishonored promissory note. Plaintiff conducted his own case, anddefendant waß defended by Messrs. Pryor and Madden. a 2 . At the outset of the case Mr. Madden took exoeption to the claim, on the ground that the promissory note did riot set out the particulars m full, and secondly that ho rate of interest was mentioned. The Court ruled that the particulars were sufficient to admit of the hearing of the case. Mr. Pryor contended that there was no proof of dishonor, as the plaintiff had never presented the note, which passed through his bankers, and there was nothing m support unless a letter from the manager which could not be put m m evidence. The Court held that a non-suit could not be granted upon such grounds, and judgment was given for the amount . Benjamin Pepper v. Thomas Moffat.— Claim, £Q 15s. 6d. A setoff of '£50 9s. wti s preferred, but plaintiff through his solicitor, pleaded that he had not got his discharge as a bankrupt until after the debt had been incurred. The case was adjourned until next Court day, m order that the cer^ tifiuate of discharge could be produced Thomas Goodisson t. Piers E. Warburton. — Claim, £2 for hire. of buggy. Plaintiff staled that the trap had been hired for one day, but had not been returned until the second day. Defendant stated that the occurrence .had taken place about eighteen months ago, apd although a settlement had been made with Mr. Goodisson since that time, no application or reference had been made for or to the debt, When the demand for payment was made an offer of-, ten, •hillings had been made, which were now paid into Court, The Bench, thought the plaintiff was entitled to £1 and costs, less the amount paid into Court. Richard Peck jv. J. Petterson.— Claim, £J2 18s. The case was partly heard on the last Court day, but had -bean adjourned m order that plaintiff might produce his books. It was found, however, that the hook m which the original entry had been made, had been burned, and -Mr. Staite consequently took exception to the ca"<e. being proceeded witji, and put the plaintiff to the proof. ' Plaintiff non-suited with costs. Charles ICing v. Peter "Brown.—^Claim, , $"".■>, Mr, Staite, appeared for plaintiff^ and

Mr. Maclean for defendant. The action was one brought for work and labor done, as a bushman m the Kiwitea, m felling five acres of bush, and building a whare. Mr. Maclean defended, The case occupied the greater part of the evening, but eventually was decided m favor of the plaintiff. ,' -