MAGISTRATE'S COURT. (Continued from page 1.)

North Otago Times, Volume XXXVII, Issue 8168, 24 April 1895, Page 3

MAGISTRATE'S COURT. (Continued from page 1.)

heard of a dog being at Bruco\s. He went there and asked Mrs Bruce to let him have n look nt the dog, but she refused. He sent for the police, and Constable Hunt c/ime. Afterwards ho laid an information for larceny on tho morning after he saw Bruce with the dog. He afterwards withdrew the information against Bruce. To Mr Crawford : He could not remember the date he got the dog from Avery on. June was about the time he gave him to Messrs Hodge and Jones. [The dog was here produced, bu 1 showed a strong desire to clear out of the Court when let loose.] The plaintiff Slid trut to the best of his belief the dog was his. No altercation took place between Mrs Bruce aud himself aa to the dog. There was another dog at Bruces house at the time, but it whs not his. lie did not go particularly to Bruco'n. The dog was in the habit of going to Grant's, whose boy taught him to swim, and in going thero he passed Bruce's. When he called in the police it was tor the purpose of peeing whether the dog was his. tie did not ask the police to prosecute. He could not a^y how the dog got back to Bruce'a on the 4 h of April. His man let him loose at night. He could not say tint Bruce'a dog did exactly the same thing in bringing the paper. He had never taught the dog to take a paper off the railway line, nor off a roof. He had suffered a losh of L 5 by the detention of the dog, besides ill the inconvenience. To Mr Hirvey : Since he got tho dog back he ha I often passed Bruces house with the dog, but it had never tried to go to Bruce's. David Graut said ho had seen Mr Shnnuki'a dog, and had seen a dog in Bruces possession that he took to be Shnmskis, and spoke to Brucp. Bruce Baid " Are you going to tell him ?" and witness replied " No ; let him find his own dog." To Mr Crawford : The dog in the Court was very like the one he aaw his boy bring to the house. He never saw a dog in Bruces possession in the early part of 1894 There was only one other dog in town like the ono 111 Court, and that was Avery'a dog, the father of the one in Ccurt. A dog 'a age could be told. Archibald Hodge, saddler, eaid ho hud a dog from Mr Shnraski. It was a brown retriever. He knew Messrs Bruce and Son's plxce. It was next door to his, in Tyne street. It was only lately that ha knew one to be a Bruce. He had the dog three months. It was running about the place. He recognised the dog shown in Court as the one ho had from Mr Shrianki. Witnets bad bought a dog from Townshend which was of Bruces breed. It was quite a different kind of dog to that of Mr Sbrimski's. He poisoned the dog he got from Townshend. Mr Shriroski saw the dog one day near tho shop, and calling •• Nap " it came in. The dog produced was the dog Mr Shrimski had. Mr Shrimski must have taught the dog to go from his house for the paper. To Mr Crawford: There was only 12 or 14 feet between Bruco's yard and Hodge and Jones. They never said to him that they had lost a dog. Bruce did tell witness when he had Mr Shrimski's dog that the one he had got from ToTrnshend was the same breed. When Mr Shrimski called the dog " N*p" Mr Bruce came in and claimed it. Bruce said he bred tho dog, and then said it was given him in a present. He would not swear that Biuco did not say *' We bred the dog, and my brother gave it to me in a present." Alfred Avery eaid he felt sure from the I dog's manner and appearance that the dog produced was the same as he had given to Mr Shrimski. Ho valued it at from L 5 to LlO. To Mr Crawford : He could tell a dog's age by its manner and physique ; and he remembered as a pup the dog had two or three while bars on his chest. It would Dot be difficult to get a good retriever to go down and open a box, and take out a paper. Jonathan Mitchell, compositor, s*id he had been asked by defendant's solicitor his cpiuion about theca^e. The solicitor snid that Mr Hbrimski was nyng to do Mr Bruce nut of the dog; but witness said he thought Bruce was in tho wton?, as (he dog in dispute was 10UII7 different to his dog, the father of Bruces breed. He had no doubt about the difference. To Mr Crawford ; The dog in dispute did not resemble Connor's dog. [Here some complex problems were conceived by tbe learned counsel for the defendant, M to the pouibilities of canine parentage. Theie were too complex even for the

Bench.] His dog was light in color with ago, and was a short -legged, thick-set dog. Tho dog produced was not 2h yotrßolcl, It wiih a much younger doff Deborah Shrimaki, wifo of plnintiiF, stated that Mr Shrimski had a brown retrievor. Tho dog lud run away, and come b*ck and was tiul up. Mrs Shrimski narta'cd how who whs visited by Mm Bruce, Mm Davidson, and Miss Bruco, and after thumping her .tnd knocking her about thoy cnod, "Tint dfg is yours ; take it." They did not take the dog, and came bick and apologised on Saturdtty. The apology was accepted. She identified the dog as Mr Shrnnaki's. To Mr Crawford : Mm Davidson and Misi Bruce camo rrund to apologise atid did so. Theve wis a great do il said, and Mr Avery's ch tractor was maligned. Mrs Davidson was po'ito when she odtiio to apologise, and bado her a nico "good morning." Mr and Mrs Shrimski wont AWMy after they got the dog, and left iho dog at home, and it was the same do« that they had thit w*a thoro whou they returned. To Mr H*rvey : They said that Mr Aveiy never lud a dog like tho one tho truce's had. Mrs Smart, wife of Mr Sm,«rt, married couple at Mr Shriiuoki'd, siid they wore them a month before the dog wetic away in January. It r»turned in February. She took at) interest in tho dog, and shown it in Comb exclaimed "Oh, th-tsthe dog, Oh Nap !" and tho dog jumped up and seemod gad to be noticed by the witness. Mm Smart conoburated tho statements of Mrs Shrimski as to tho women coming to apologise and as to tho treatment Mrs Shrimski had received on tho first occasion. They did not want to take the dog back. To Mr Crawford : MS Davidson said she came to apologise, and would not p y expenses. She did not think Mrs Shrioibki had anything to i apologise for ; but 6ho did hear hor say that if she hid done anything she whs sony for it. She remembered Mrd Davidson spying to Mrs Shrimski, '\You pulled my jacket." Tho dog was onca away all night, but the dig disappeared ono morning afterwards. She thought the reason for tho dog's going was because of a beating Mr Shcimaki had given it. When the women came they all tuok hold of the dog, and tried to tike it away. The case was at this stigo ordered to stand adjourned till two o'ebek to-day.