RESIDENT MAGISTRATE'S COURT.
Saturday, June 19. (Before J. C. Crawford, Esq., E.M.) . DRUNK AND DISORDERLY. James Smith was charged with having the previous night been drunk and disorderly. Defendant did not appear, and therefore his bail, £l, was estreated. ILL-TREATMENT OF A HORSE. Mr. H. Warren, of Tinakori-road, was charged by the Inspector of Police with having on the 12th inst. unlawfully, cruelly, and wantonly ill-treated a horse, by failing to give it proper and sufficient food. Defendant pleaded not guilty. Mr. Allan appeared for the defence. John Doran, called and examined by Inspector Atchison, proved that ha- was poundkeeper, and that defendant had impounded a horse between three and four o'clock on the loth inst. ; damages were fixed at £1 ss. The horse is now in a bad state, but it had improved a little since it had been impounded. H. J. Eliott stated that he was a neighbor to defendant, living within a few hundred yards of him. A horse had been in defendant's yard for more than a week. The yard was a narrow strip of land, the greater portion of which was a sloping bank ; below this bank was a small flat, and upon this the horse had stood. The neighbors were continually complaining that the horse was being kept without food, and was starving, in consequence of which witness spoke to Inspector Atchison on the subject. He had never seen anyone giving the horse food, and there was no food on the land, except a few stumps of docks and weeds.
In cross-examination, witness said he was out during the whole day, and therefore saw little of the horse himself; he acted principally upon what had been told him by the neighbors. The treatment of the horse was the talk of the neighborhood. Did not speak to defendant because it was no business of his (witness's). Mr. Allan here proceeded to cross-examine witness.as to whether a bad feeling had not arisen between him and defendant in consequence of defendant, as an officer of the Government; having had occasion to write unpleasant letters to witness. The answers of witness were a denial of the inuendos, for he had not received a single letter from defendant, and bore him not the slightest illwill.
After some little sparring between the Inspector and Mr. Allan, the next witness, J. W. A. Marchant, was called. He stated that he lived next door to defendant. Spoke to Inspector Atchison on the subject of the horse, but did not complain because he saw no reason to complain. There was a light growth of grass and weeds sufficient for the horse to eat ; had offered to assist the servant to put the horse out; had once spoken to Mr. Warren about the horse, but not to find fault,, and in answer to what he said Mr. Warren told him he was feeding the horse, and intended to get his expenses.; the paddock was about 100 ft. by 40ft.; a day or two before it was sent to pound the horse jumped several fences. Charles Dowsett proved that he lived a few yards to the rear of Mr. Warren's premises, and had seen the horse in the "paddock ; he had looked; two,or three times, but could see nothing in the shape of feed in the paddock except docks. The horse looked like a bag of bones. (A laugh.) Cross-examined : The horse was looking very melancholy. It might have been for want of company, but witness believe it was for want of food. ■'-•
Mr. Allan : Was there ; not plenty of food in the paddock % Witness : There might have been once, but none now. He could not speak as to the condition of the horse when it first got into the paddock. Joseph Saunders, who had been subpeened for the defence, was sworn : He had never seen the horse in the paddock; the paddock was about 100 ft. by 40ft. ; there was no food in it.
Inspector : What kind of treatment should you say it was if any one kept,a horse in such a place ten or twelve days ? Witness : I should consider he was starving the horse. , ~'
Cross-examined : Mr.,. Warren asked me a , fortnight ago if I had lost a horse. I told him I had not He said there, was one on his place, and ~he ,did, not know whose it was. • I have seen the horse inj pound this' morning; it has a bad back, and is staked in the chest.. ,-. r . ;
Mr. Allan : Anything else? ~ ~r, ..:, Witness :It has swollen fetlock 'joints. (A laugh.) .., , Mr. Allan : Anything jjlse ? Witness : One eye knocked out. (Loud laughter.) , Mr. Allan : What is the value of the horse ? . Witness : I don't know. It will cost £2 or £Z to bury-him directly. (A laugh.) I don't "think he wiir.bring Mr. Warren's damages! (Renewed laughter.) . ' Mr.' Jackson, a horse-dealer gave similar evidence respecting the poor, condition of the horse; he considered the animal dear at a gift j ceitainly.he would'not take it out of pound, if it were given to him. This -was the case for the prosecution. '
Mr. Alliiri contended that ■ the information was bad,-because it was laid under the wrong section ; it should have been laid under section 5, instead of section 2. Section 2, which provided against unlawful wanton cruelty, contemplated of action, such as» beating a horse," but was never intended to apply in such a case as this, for which section G provided. But, notwithstanding that objection, which must be fatal, Mr. Warren desired the case to be settled on its merits. The horse had got in by accident, and he had spoken to the police, who took no notice. During the time it was in it was well cared for, in fact, it left the premises in a much better condition than it was in when it was found there. He proposed to place Mr. Warren in the box, who would give the facts of the case.
Mr. Crawford declined to allow Mr. Warren to give evidence in the case. Argument between the Bench and counsel ensued, but the Bench upheld its ruling. Stinger Nilsson, servant to Mr. Warren, was then examined, and Btated the horse had had plenty to.eat during .the time it was on the premises. About the 13th she told her mistress the horse wanted some food—(a laugh)— and in consequence some chaff was sent for. [Account for 3s. 9d. for chaff produced.'] The horse did not eat all the chaff, there was a great bit left. He had three feeds. (A laugh.) Inspector Atchison remarked that by the account it seemed the chaff had been Bent the day before the horse was impounded. . , Oonstablo Kobb proved that defendant had spoken to him about a horse having strayed on to his (defendant's) premises, Witness told him he should impound it. He could do nothing in the matter, but promised to speak to the sergeant about it. Did so, b\lt Sergeant Ready said the polico had nothing to do with it.
Mr. Allan summed up the defence. Mr. Crawford dismissed the case because the information had been laid under the wrong section of the Act. As a matter of opinion on
the merits of the ease, he considered some amount of blame attached to defendant, Mr. Allan asked for counsel's costs. Application refused. Inspector Atchison suggested that defendant might take the horse for costs. LARCENY. John Brennan was remanded to Taranaki on a charge of larceny. MALICIOUSLY BREAKING WINDOWS. ;■ Elizabeth Loft was charged with having maliciously broken windows in the house of Lorenz Eeisterer to the value of 6s. The case was clearly made out by the evidence of prosecutor and another witness, and the defendant was fined 10s. and costs, and ordered to pay prosecutor 6s. to cover the damage done. Defendant's husband undertook to pay the amount by instalments.
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New Zealand Times, Volume XXX, Issue 4447, 21 June 1875, Page 3
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1,311RESIDENT MAGISTRATE'S COURT. New Zealand Times, Volume XXX, Issue 4447, 21 June 1875, Page 3
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