Patea R.M. Court.

Patea Mail, 24 February 1881, Page 3

Patea R.M. Court.

Tuesday, before G. A, Wray, R.M., and Major Noake. a SHOOTING A HORSE. Thomas O’Shaugnaasy, farmer at Kakaramea, was charged on remand with maliciously shooting and killing a horse, value £lO, the property of James Hansen, settler. Mr Hamerton conducted the defence. James Hansen, carter, Kakaramea, deposed : The prisoner resides on leased land at Kakaramea, bounding the Kakaramea road, and also bounding the waste lands of the township. I had horses grazing on land opposite to his. Last Friday morning one of my drivers went for horses, and came back saying one of ray horses was shot. I found the horse lying shot alongside the water-pool on the road. The horse was shot behind the forearm, but was not dead, A circle of three inches was marked with small shots. The horse must have been wounded several days. I got it up, and drove it slowly towards the township. I sent for O’Shaugnassy, because, he had told me that he would shoot any horse that came neai his fence, and he had been about with guns at times. When he came I accused him of shooting my horse. He said he did not shoot at my horse ; that it was Napier’s horse he shot. He said if ever he shot at any horse he only put a few grains in. I said he had better go and see the horse, and I left him. Shortly after noon I was informed the horse was dead. The horse was opened, and about a dozen shots were taken out, and there were more. The horse was a bay colt and I valued it at £lO. Cross-examined by Mr Hamerton : I have been on very good terms with the prisoner always. We had a little difference as to money a fortnight ago, about some joint fencing. O’Shaugnassy wrote to me

demanding payment of £3 for the fencing. I had paid £2 15s to O’Sullivan for O’Shaugnassy before that. There has been no ill-feeling at all. Ho had complained to me and Delamore, when in Patea, about horses rubbing against bis fences, and said be would give them a little lead. I told him a fortnight ago that if my horses or cattle troubled him I would rather pay for them to graze in his paddock ; but he said they did not trouble him. J. Williams, driver, in the employ of Mr Hansen, deposed to finding a saddle horse shot, belonging to his employer. I met O’Shaugnassy and asked if he had been shooting lately. He said he did not shoot the horse ; that the only horse he ever shot was Napier’s, and he had only put two or three grains in ; that he would not shoot any horse to hurt him. I then told Mr Hansen. A. Wood, carpenter, said : On Thursday morning I was at the canteen, near the railway works, and I noticed a colt had been shot. I saw O’Shaugnassy at O’Sullivan’s Hotel last Sunday week, in the evening. Some one asked him what he was going to do with the gun, and he said he was going to shoot any cattle or horses that came rubbing against his fences. D. Anderson, storekeeper, said he heard a gun fired on Tuesday evening, the 15th, between five o’clock and half-past. It was near the Kakaramea road. There were two reports, in the direction of O’Shaugnassy’s land. By Mr Hamerton: Had heard guns fired only during the last two months. Had heard three guns before this one, at dusk* on different occasions. J. Ahlford, laborer, deposed : I was at Anderson’s store on Tuesday evening, the 15th, after five o’clock, and while standing at the door I heard a shot fired in the direction of O’Shaugnassy’s land. I could not see the person. While getting on my horse I heard a second shot fired, about a hundred yards.. off, and I then saw O’Shaugnassy inside his fence, 14 chains. The horse galloped along the flat, and then turned round and round, kicking its legs. The prisoner said “ I have warmed your bl y hj se.” James Jackson, a boy, said : On Tuesday, the 15th, I saw a man like the prisoner tire two shots at two horses, a gray horse and a.bay one, about half past five. He was standing inside the fence, a hundred yards from Patterson’s. Tire first shot he aimed at the bay horse. The second shot I did not sec. The bay horse galloped away, towards the hotel. The prisoner is the same man who fired the gun . Cross-examined by Mr Hamerton : I will not swear that the prisoner rs the same man ;he is like him. He was about forty yards inside O’Shaugnassy’s fence. Both horses galloped away together. The man had a grey coat. Sergeant Donovan said : I arrested the prisoner under a warrant on Monday. He said he never shot a horse at Kakaramea. When the horse was opened . after death, the wound seemed to be three or four days old. About a dozen shots wore taken out of the stomach. Mr Hamerton, for the defence, said he would not call any evidence at this stage. Tiie prisoner reserved his defence, by his counsel’s advice. The Court then committed the prisoner for trial at the next criminal sittings of the Supreme Court at New Plymouth. Bail was allowed—the prisoner in £2OO and two sureties in £IOO each. DISPUTED SALE OF DRAYS. The case of Williams Brothers v» Gillighanhad been adjourned for judgment which was now given by the R.M. Two tip drays had been made to the order of a contractor named Mulville for £46, cash payment, Mulville did not pay, but the two drays were removed from Williams’ yard during the night, without consent, and Mulville was known to be working the drays afterwards during nearly three months. Plaintiffs took no steps to prosecute Mulville, as they expected he would pay out of contract money from Government. Mulville then left the district, and the drays were found in the possession of Mr Gillighan, the present defendant. He said he bought them from Mulville with other things for a total of £l6O, and produced Millville’s receipt. Plaintiffs sued Gillighan for wrongfully detaining the drays, which had never been sold or delivered to Mulville, who could not have had a right to convert them. These were the contentions. Mr Hamerton was for plaintiffs, Mr Adams for defendant.

Mr Wray said the case was narrowed to the question whether there was a contract with Mulville, and whether any actual sale

was effected. No written contract existed There must ba a delivery of goods to the vendor with the intent to vest the right of possession in him ; and there must be an acceptance by the latter. No contract had been shown in the case. The sale was a cash transaction, and delivery was never given to Mulville. There was also no contract and no sale within the statute The Court was placed in this predicament, that au apparently innocent party must suffer owing to the absence of the defrauding party, Mulville. The verdict would be for plaintiffs for the value of t the drays with costs. Mr Adams asked if an appeal would be allowed. Mr Wray said it was on a point of law, but appeal would be allowed on reasons shown. CIVIL CASES. Skelley Brothers sued James Dalton, of Normauby, for £7 6s 6d, goods and cash. Defendant had said he could not pay. Judgment for amount and costs. Jas. Rhodes, bootmaker, sued S. Dixon for £2 18s. Defendant, who did not appear, had promised to pay after summons was issued, and the matter was delayed ; but he had failed to pay, and had sent a saucy letter. Judgment for amount and costs. E. Tregoar sued a native of Whenuakura named Raumati for £9 3s 6d. Plaintiff had commenced to survey certain laud leased by Mr Gower, and owned by defendant and others; but a dispute arose between two sets of native claimants, and plaintiff was unable to complete the survey. He lost three days’ time, and charged two guineas a day, their being other expenses, Raumati objected to pay, saying George Broughton and the natives who stopped the survey should pay the bilk Defendant had written an order on Mr Gower to pay the bill out of the rent, but be now repudiated it, saying he was drunk when it was signed. The case was adjourned till Thursday, to produce evidence showing Raumati signed the document when sober. Other civil cases were adjourned till Friday.