RESIDENT MAGISTRATE’S COURT, GISBORNE.

Poverty Bay Standard, Volume X, Issue 1043, 2 March 1882, Page 2

RESIDENT MAGISTRATE’S COURT, GISBORNE.

Wednesday, March 1, 1882. [Before Al. Price, Esq.. R.M.] William Hatton was charged on the information of Michael Boland, that he did, on the lath of February last, unlawfully rescue and release certain cattle. The defendant pleaded not guilty. Mr Brassey, for defendant, objected | to the form of the information, which stated “ did unlawfully rescue and release.” the form of the statute not providing for release. Michael Boland deposed: I am lessee of certain Crown lands at Patutahi for the purpose of cutting grass seed from Ist of November to Ist March. The agreement was in writing, but was burnt in the fire at my house on Christinas Day. On the morning of the 15th February I found 25 bullocks trespassing on this land. I got them together and started to drive them to the pound. 1 did not then know to whom they belonged. Defendant rode up with a stock whip and rounded them in front of me and stopped me from driving them. He faid he would not let me take them. 1 told him to be cautious. He made use of bad language, and insisted on driving the cattle with the stock whip. I could not prevent him from doing so. At that time Stevens came up. I told him I was taking them to the pound. By the Bench : I know a paddock the defendant has got fenced in for cropping. lam quite positive there was no one there. From the time he came to me about half an hour elapsed. Alfred Stevens, settler, Patutahi: I remember the 15th February. 1 saw complainant driving a mob of cattle, and went to see whose mob. I asked him whose they were. He told me me he did not know. Just then defendant came and took them away. 1 heard a little conversation. Complainant said he was driving them to the pound. Defendant said he had no business with the grass now. Mr Boland told him they were in his charge, and he was taking them to the pound. Defendant rounded them up and drove them away. Complainant made no resistance. I saw defendant at his own house. Cross-examined by Mr Brassey: I saw defendant come up to Boland. He was driving the cattle. They were not on the road. About three or four minutesj elapsed from the time defendant came up. This ended the ease for the complainant. Mr Brassey submitted that the information be dismissed, on the ground that it was improperly laid ; secondly, there waft no proof before the Court that they were lawfully seized. This was a grass paddock not under cultivation. It is competent to sue for damages done to land not fenced, but not lawful to pound off that land. 'The Bench : In dealing with a case laid under the 29th section of the Impounding Act, it must be shewn that this land was leased for the purpose of cultivating at the time it was only in grass for the purpose. Alfred Hatton deposed : 1 am brother of defendant. I remember the 15th February. I was at Patutahi, and saw complainant driving some cattle. They were on the road leading to the river. I told my brothers 1 saw Boland take these cattle to water that morning. Before Boland took them they were all on,the road. I might have been 20 chains away. From my house to where I. saw the cattle ought to be about 30 chains. By the complainant: I think it is out of spleen that you have taken this step, as I have heard that you were waiting for my catlie for some time. Joseph Hili, settler, corroborated the evidence of the last witness. His Worship dismissed the case.