RESIDENT MAGISTRATE'S COURT.

Oamaru Mail, Volume II, Issue 522, 3 January 1878, Page 2

RESIDENT MAGISTRATE'S COURT.

THIS DAY. (liufuro T. W. i'AKKKU, Ksq., R.M.) I STiiAY CATTLE. The following fines wore inflicted for ;illu',viny rattle"to wander at. large in the public streets :—John Ivl'Kay, four cows, Lite.; Thoimv; Patterson, one cow, 2s. (id.; John Murray, one cow, 4s. ; i'atriek M.'Cuskur, tiirri! cows, 20s. DRINK AND I>Is:OR.I>KI;I,Y. James Kelly pleaded guilty to ha\ing been drunk and disorderly in Itehoustrect yi_s:erday afternoon. He was also charged with using ob-c-ne language in a public street. His Worship ordered the accused to pay a tine of L 4, <»v go to gaol tor 1-i Jays with h:>rd labouc . Henry C'i'.iv-on also pleaded guilty to being drunk and disorderly in Eden-street, and was discharged wi.h a caution. SHOOTINfi AND VOUVniN'fi. James Seoit. a lad about IV years of age, was charged with on Christmas Day, shooting and wounding a lad named Michael Vail, with intent to do grievous bodily harm. Sub-Jnspeuior Smith prosecuted, and Mr. (VMeagher appeared for the accusal, who pleaded Not guilty. jMichael Vail deposed that ho had known the accused about a year. Ho was in his company with three others on Sandy Beach un Christmas Hay. They were slmi.thig ai a rock out in the sea i with riiles, with ball cartridge. The rifles belonged to the Volunteers. After firing away all the ball ammunition they laid the riiles down, when Frank Tcmpero, who had ten rounds of blank cartridge, took up witness' rifle and was firing away with ii. lie did not know whether witi ness laid it down or gave it to Scott, but he next saw it in Scott's hands. He (Scott) was lying down on the beach, s lowing them how they shoot in America. Samuel Blake threw a small stone at Scott, and hit the butt of the vitle. Seoti turned round to him (witness), and said. " Was it. you threw that I" Witness replied, "No." Scott then fired at him (witness). Scott was about a yard from witness at the time lie felt the powder strike him all over the face. The car t rid go blew the cap oil' his head,, and made a hole through the cap. Scott told him afterwards that he thought there was only a cap on the rifle. The powder was all over his face, the left eye suffering tin most, and blood flowed from his face. He had done no work since, hut hi*. I been hud no in bed.

Crns-.-.-Viiiiin-x 1 , by Mr. O'.Uea-her-I Scott had li'.fc I'trcd nny blank cartridge before shooting sit him. He did not set: load the rifle. He had .seen Tenipero load it. Scott made no remarkbefore firing. except wha.t ho lnul stated. They had no <iiii«itcl previously, hut liad 1 always bi on on good terms. Temper" had been firing blank cartridge before lie gave the rifle to Scott. Dr. Fleming gave evidence as to having been called upon on Christmas evening by Michael Tail, who was suffering from injuries received by the discharge of a gun in his face. The skin v<aa raked, aud was covered with dark spots, and the eyelashes were singed. Some spots of unconsnmed powder were studded in both the eye-balls. It was impossible to say whether the left eye-ball would receive any permanent injuries, but it was at present doing very well. The muzzle of the gun must have been very close to Vail '.vhen discharged, as the pellets of powder were driven very deep into the skin. Frank Tempero gave evidence as to having seen Scott load the rifle with blank cartridge and lie down on his back to show them bow the "Yankees" fired. Vail was behind Scott about six or seven yards, the others being at the side of Scott. He heard Scott fire, and saw Vail's cap fall on the ground. He. heard Yail cry out that lie was f.'hqt, and heard Scott say he was sorry for what he had done. Cross-examined by Mr. O'Meagher—- ! Scott was about six or seven yards from Yail when he fired. Scott said aftewarda that lie thought there was only a cap on f lie rille. It was about ten minutes or a quarter of an hour after Scott loaded the rifle that he fired at Vail. He appeared to be sorry when he saw what he had done. Neil M'Phee gavg corroborative evi : deuce, and stated that the rifle was about' a yard from Vail when Scott fixed. He held the rifle at his side, and did not point "it up. Scott said afterwards that he did [ not mean to shoot Vail, and that he thought there was only a cap on the rifle. Cross-examined by Mr. O'Meagher— He did not see Scott take an aim at Vail. This was the case for the prosecution. Mr. O'Meagher said this was a painful ' case, alike for the prosecutor, who had)

prisoner, he was of boys being allowed to - go about wi» \ &$H firearms. He did not" think hisWowhip ;«&$ should go the wholo length of comnatfinft K&,/ 1 ! the prisoner for trial, while lie had-' tioV wj'ij power to deal with the case summarUjr!?"'V\Vy The evidence proved that tho parties on tho most friendly terms. There wu \j: no evidence to show any intent to do « bodily harm, while it was distinctly stated that the prisoner had said that ho thought there was only a cap on the rifle. It was just possible that prisoner had forgotten that he had loaded the rifle. His Worship also commented on the "practice of allowing boys to go about with firearms, and said that one or more liveswere plaoed in jeopardy every time that boys did £p. The prisoner could scarcely be considered a mere innocent boy, as lie was old enough to know better. Although there was an absoircaof any proof of intent, it did not seem tofoo merely an accident, and in the absence of ah\V proof to> that effect, lie could not look up!B»it asan accident. The lack of proof oraTiy~ intent to do injury would not prevent tho' caso going to a higher Court. Ho tlicni committed tho prisoner for trial at tho next sitting of the District Court on a charge of unlawfully wounding. Bail was granted—prisoner's guardiaa in LGO and two sureties of L3O each. MIEACU OF BYE-LAWS. John Hamilton was charged by tho Inspector of Nuisances with committing a breach of the Corporation Bye-laws, by placing a quantity of building stone on Lnno-sticct without having permission to. do so. The defendant admitted tho ofi'encej. but said he did not consider it was his; duty to obtain permission to place tho stone on the street. The contractor for the building should do so. His Worship said that might bo merely a matter of arrangement, and that tho person committing tho offence was tho ouo liable. He inflicted a fine of 7s. (id.