RESIDENT MAGISTRATE’S COURT.

Poverty Bay Standard, Volume I, Issue 64, 25 June 1873, Page 2

RESIDENT MAGISTRATE’S COURT.

Thursday, June 19. [Before W. K. Nesbitt, Esq., R.M.] Pitt v. Moffatt.—Breach of Militia Act. Fined 10s by default. Ripebata Kahutia v. Burnand.—Claim £1 for damages done to two pigs by a dog. Judgment for 10s and costs. Regina v. Hapi Heni.—Larceny. Prisoner who was charged with liaving stolen a saddle and bridle, the property of William Benson, and valued at £B, pleaded guilty to having taken the saddle, but without any intention of stealing it. He took it openly so that any one might see him, and did not attempt to coneenl it. He found it on a horse’s back. Fined £l5 or six months’ imprisonment, eight days being allowed to pay it in. Read v. Mackey.—Felony. Prisoner was charged with feloniously taking or driving away a certain filly of the value of £4 the property of G. E. Read. T. Goldsmith, sworn, stated: That he had charge of Captain Bead's stock, and knew the filly in question by a star on the forehead. He saw prisoner driving a mob of horses away from the paddock, this one among the number. He saw the other horses return in the evening but not the filly. He saw the filly afterwards at prisoner’s place and told him that it was Captain Read’s, and he said it was his own. David Munn, George Downs, and William Pritchard all in Captain Read’s employ, corroborated substantially, the evidence of previous witness. For the defence Mackey stated his belief that the filly was his own property, and denied the act as involving a felonious intent. The Bench considered there was an insufficiency of proof that the filly was the property of the plaintiff and dismissed the case.

Regina v. Benson. —This was a hearing on information laid by T. Goldsmith for having unlawfully and maliciously wounded a certain bullock the property of G. E. Read. Thomas Goldsmith on oath, said ;—I was authorized by Captain Read to put a new sledge under the house that Benson has been occupying at Makaraka, and to remove it. I told Mrs. Benson I should remove the house. On the following day I found one of the sledges had been chopped away, and a large trench dug under the house. I could not move the house in consequence without much difficulty. Just after hooking the bullocks Benson arrived. He had a rifle in his hand with the bayonet fixed. He asked me who authorized me to move the house. I told him Captain Read had. He said “ The first bullocks that tighten the chain to move the house, I will shoot them.” I told him if he shot a bullock, I should knock him down. I told him if I was doing wrong to take me to Court, and not shew his spite on the bullocks. He laid the rifle down, and I picked it up. I refused to return it to him, and told him he would get into trouble if I did. He then went away towards Dalziell’s publichouse. In the meantime I had shifted the house about 50 yards. While I was fixing the chains I heard the report of a gun. I saw Benson with the gun in his hand, and blood running from one of the bullocks. He gave the .gun up to me. I then struck him and told him to take revenge out of me and not out of the bullocks. By the prisoner. I did pull down a skillion, but it was dot a fixture : it was not on blocks and not nailbd to the house. By Mr. Cuff. The bullock is \quite useless, being totally blind. 1

David Munn, on oath deposed to similar facts as the previous witness ana added : “ I was sent by Goldsmith to fetch some tools, when I returned Benson was loading a rifle. A bayonet wm on the rifle. He went away leaving the rifle on the ground. He returned with some Eercussion caps. Goldsmith took the rifle from im. Benson fetched another rifle, which he discharged and hit the bullock within two feet of which Goldsmith was standing, above the eye, and without giving warning. By the prisoner. I was standing near to the near side bullock when you fired. I did not hear you call out before you discharged the rifle. Robert Craig, deposed: I saw Goldsmith before this occurrence at Dalziell’s publie-house. He told me that if he was in Benson’s place he would shoot one of Read’s bullocks, and then he would not be bothered with them any more. I told Benson of this the same night. This concluded the evidence, and the Magistrate on informing the prisoner th:lt he would h ive to send the case for trial in the Supreme Court, caused him to be warned in the usual manner. In reply to the question from the Bmch, “Having heard the evidence, do you wish to say anything in answer to the charge ?” The prisoner said “ 1 own that I shot Ihe bulloek, but I will reserve my defence.” The prisoner was then committed for trial at the ensuing sitting of the Supreme Court in Napier, he refusing to find bail.