ILLEGALLY RESCUING HORSES.

Patea Mail, Volume IX, Issue 1087, 17 September 1883, Page 2

ILLEGALLY RESCUING HORSES.

What it Cost Two Young' Gentlemen. The charge of illegally rescuing horses from tfac pound on Sept 2, preferred by Mr E. Jacomb, the poundkeeper; against Carter Gowland and George Gowland, and which had been adjourned from a previous day, was investigated at the Court on Friday last, before Capt Wray, R.M. The Court was crowded during the hearing of the case, and there were a number of witnesses on both; sides, but many of these were not called. Mr Barton prosecuted, and Mr Hamerton appeared for the defence. On the charge being read to the defendants, Robert Carter Gowland pleaded not guilty, and George guilty. The following witnesses were called ;j4Ruperfc Jacomb : T am poundkeeper at Patea and my appointment ;is gazetted. I remember the morning- of Sunday, 2. I impounded two horses that morning. I found them on the top of Mr Williams’ hill. . There was no one with them. It was about half-past six at theJ-ime. I drove them to the.jppnnd and put up a notice to the effect that they had been impounded and locked the gate. It was possible to lift the gate off its hinges. I then went away and shortly afterwards met George Gowland who asked me if I had seen bis horses. I said I had two horses in the pound, a chestnut and a grey. He said they were his.

The witness then went on to state that shortly afterwards he saw the two accused doming down. the street with bridles and that suspecting’ something was- the matter hie ( went down towards the Central Hotel, and • seeing the accused turning rouhd the corner by the Bank of Australasia he went; found hy Mr when he saw one %f: the boys in the yard arid the other lifting the gate off its hinges. They had got the ; horses out when he came hp and challefiged them. Garter Gdwlahd .said,; This is the way we : take our horses out of the pound, when , you go into ; piir backward and . take the ; horses, out of the stable.” They look the horses away. Witness then went to Constable Crozier and asked hihi id come and see the gate , off its hinges', the way ihe accused had left it, which he did;~-By Mr Haraerton; I was opposite to the pound when the gate was taken off its hinges. ' The horses Were in the first yard past the drafting yard. I saw one boy in the yard, and the other lifting the gate off its hinges. They stated, to me at the time that their horses Had been taken , from the stable, and that that was their reason for taking them away. I impounded these same horses on the 6th Of May last. I did not know Mr Gowland was out .of the county then, nor did I know that he was on the latter occasion. On the 6th of May I did not take the horses up; to Gowland’s place. I gave them to Miss Boddington at the pound. She did not, to ray . knowledge, tell me that I had taken the horses out of the paddock. There are other persons besides myself in-, terested in the Pound ; I am paying Mr Cowern a weekly rental for it. I am not paying anyone for assisting me in impounding animals, but have done so. I took the horses in question on Sunday morning. I did not see a boy called Willy Rhodes when the horses were impounded ; I saw him afterwards. I have frequently ’paid Rhodes for bringing horses in. I was not with him on the day before yesterday, before 6 o’clock in the morning; I was with him after six. Rhodes has assisted me on three or four occasions; telling me where horses were. I did not know that these horses had been bolted in their stable the previous night, when I impounded them. I was not offered the fees for the.lmrses till a little girl came round to my house with three shillings,

but on account of there having been a breach of the Act the money could not be taken. I know Roger Kells. He did not offer to pay the expenses, but came to my place in company with George Gowland and asked me to lot the Gowlands off. I have been repeatedly complained to about horses being let out of paddocks and being put into the pound. Rhodes is not the only boy who has assisted me—By Mr Barton : This is the second time - Mr Gowland’s horses have been impounded. It has been a usual complaint that gates have been opened and horses let out. I do not believe that the boys who have helped me open the gates. Previous to there being a pound the streets were over-run with horses. James Lett was called and-said: I know Mr Jacomb and the defendants. I know Mr Gowland. I have had a conversation, with George Gowland and he said he vfould give £1 reward if he knew ot anyone opening gates and letting horses out.

Alfred Wood stated: I remember Sunday week. I saw Mr Jacomb in the morning. I was in Sheahan’s paddock at the time, and I saw Mr Jacomb on Williams’ hill. The sun was up. Mr Jacomb was driving two horses .towards the town when I saw him—-By Mr Haraerton ; Mr Jacomb was alone; it was about half-pact six at the time—By Mr Barton : The sun had been up about an hour then.

Mr Eyton was called and produced the Impounding By-laws of the Borough which were handed in to the Court.

This was the case for the prosecution and Mr Hamerton opened the defence by calling

Peter Carter Gowland who stated : I am a butcher residing at Patea and the owner of. the horses which are the subject of the present action.„ I was not in Patea on Sunday week; when the horses were impounded;! They ;fa ad.: j been' previously impounded on April 6th and I was absent then. I have never paid the ithpoundage fee for the 6ifa May nor have ! been asked for it. [Witness here gave a description of the stable In which the horses were, and out of which be said it was impossible for them to break of their own accord j. On the previous occasion the horses were impounded they werein Nutsford’spaddock. —By Mr Barton : I have no knowledge that the horses were put into the stable on the night in question. It is possible that the boys did not put the horses in the stable that night, but not probable, as there was a quantity of potatoes in the yard; which the horses would have eaten up if they had. been left out. Previous to May last I put horses in the Barracks’ square, but not since then.—By Mr Hamerton : I have good reason, to believe that my horses were let out. Several persons having had their horses let out have come to me.

Robert Garter Gowland : I am the son of the last witness. I remember the Saturday night in question. We bad been working the horses all day. I saw them put in the stable, but I left my brother tot fasten.: .them ? in. i On Sunday morning, .about seven o’clock, my brother, told me the horses were in the pound. We got a bridle each, and saw Mr Jacomb, bnt he.did not offer to go round to the pound with usp but went; towards his own place. Wet lien went.round, to the pound, and found the horses in . the . big drafting pen. My brother took the . gate off : its hinges and. went.into the yard, but I remained out in the road,.. My brother, then.brought the. horses .out, when Mr Jacomb came up and told us to get off them, but we took no notice of him, I believed that the horses had been improperly impounded, though I can’t say I had any reason for. so thinking. I remember the horses being impounded in May last,; They were in a secure paddock then;—By Mr Barton : .When we were on our way. to the . Pound I don’t know if I had a bridle or, whether I had previously given it to my brother. George Gowland : I am the son of Mr P. 0. Gowland, and one of the parties in- this case. I •remember' the Saturday in question. I put the horses in the stable that night, bolted the door, and saw that the gate was locked. This was about ten o’clock at nightl = I can’t account for the horses getting out unless someone let them out. I offered to pay the impounding fees on Sunday riight. 1 offered the money to Mr Jacomb at his house. Gn that Sunday morning I saw the boy Rhodes sitting on a fence. My brother did not go into the s pbund with me: I had the two bridles-—By Mr Barton When iI: offered the money to Mr Jncothb Mr Kells was with me. I asked Mr Jacomb if he would accept the impounding fees. Roger Kells asked him to let me off for taking the gate off. i

Rhodes■: I amwtha>son of Mr Rhodes, shoemaker, of Patea. I don’t remember some of Gowlaud’s horses being in the street on Sunday week.; I did not see George (Rowland either going to or coming back from the pound. I have been employed by Mr Jacomb three dr four times, and have received a shilling each time. -I was not with Mr Jacomb on Wednesday morning within a few minutes of 6; I was with him about 7, near the postoffice. I was assisting in putting horses in the pound on Sunday morning, I was out about 9 o’clock. I have told Mr Williams that his horse was in the pound, but I did not tell Mr jacomb that-Mr Williams’horse was at large. I could not call to mind the three ,9r four occasions on which I got a shilling. The other morning I told Mr Jacomb about two horses.

Rupert Jacomb was;'recalled and produced the pound book with the entry of the two horses in question.

After learned counsel on both sides had addressed the Court, His Worship in giving judgment, said the Court failed to see that there were any extenuating circumstances whatever. He had been considering whether he should inflict a fine, or imprisonment without the option of a fine. He should not like to semi the prisoners to herd with criminals and so become more hardened,

but he thought .they richly deserved it. It was not (he first .Mine they had been b fore hj: Court, though they had got off before. He would Inflict a fine of £5 with costs in each case, or 1 month’s imprisonment. He hoped they would take it ns a lesson and not appear again.