PAPAKURA MAGISTRATE'S COURT.

Pukekohe & Waiuku Times, Volume 5, Issue 180, 6 June 1916, Page 3

PAPAKURA MAGISTRATE'S COURT.

Monday, sth June.

[Before Mr F. V. Frazer, S.M.J

CIVIL ACTIONS.

Judgment by default was given for plaintirTs in each of the'followmg cases:—Hawthorn and Munro, butchers, of Papakura, v. Carlo Klinac, Austrian gumdigger, of l'arengarengß, for £l3 8s l)d, and costs £2 ss; the same v. Dan Pervan, Austrian gumdigger, lor £lO IDs 2d and costs 18s. and Willis Bros., merchants, Papakura, [Mr L A. Taylor) v. Ernest Clifton Beale and Emma Mary Hilton Beale, farmer, and wife, of Auckland, for £7 13s 3d and costs £1 7s 6d.

DRUNKENNESS. Hugh Kirk, farmer, of Papakura, was convicted and lined 10s, in default 18 hours' imprisonment, for drunkenness at Papakura on the 2nd inst.

"THE DANGEROUS LEVEL CROSSING."

Charged with driving two horses and a vehicle across the level crossing el Papakura on the o'th May, when a train was ['approaching, Lewis Wilford, bottle hawker, of Papakura, pleaded not guilty. Constable Waugh, in outlining the circumstances that lead up to the prosecution, said that defendant narrowly escaped being the victim of an accident, Defendant contended that he neither heard nor saw the train approaching, and complained that tbe crossing was dangerous. David Wright, who was in charge of the engine when the incident happened, said that had defendant pulled bis horses to a standstill before crossing the line he could easily nave seen the train approaching. He gave three whistles before entering the station Willie McCarthy, a porter who was on duty at the station when the train arrived, gave corroborative evidence reßcecting the whistles, and stated, in ansver to the Magistrate that it was possible to see a train approaching the station at a distance of two chains from the railway line. The Magistrate reminded defendant that if he bad complied with the railway by-laws governing vehicles approaching railway lines he would have both beard and seen the engine approaching. Dufendant was convicted and lined £1 and costs 17s 6d.

INCIDENT AT OPAHEKE. (ioolTrey Tolman, farm lalntircr, residing at Opaheke, was called on to answer a charge ot having used obscene language on the Opaheke

road on the 9th May. He pleaded guilty, and Constable Wangh stated that defendant was a member of a highly respected family, but was in the habit ot giving way to violent tits ot temper.

After a short conversarion with defendant's father the Magistrate remarked that defendant was subject to reasons not within his own control, and convicted and ordered him to cjme up for sentence when called upon and to pay the coats amounting to £1 3a. HOKSU KILLING EPISODE.

The method adopted by William Sutton, a farmer, of Drury, in ending tbe life of a hors2 at Manurewa on the 16th May formed the subject of a prosecution by the police, when Sutton wps charged with having struck the animal eleven times on the head with a swingle-trey b.fore finally killing it. . Defendant pleaded not guilty.

Constable Waugh said that exception was not taken to the fact that tbe horse was killed, but to the manner in which it met its death.

William Young deposed that he witnessed the incident and saw defendant strike the horse eleven blows in all, four of which were delivered when the horse attempted to raise itself from tbe grouod.

Kegige Koy gave evidence to the effect that be and several other school boys directed defendant to Thompson's and witnessed defendant killing tbe horse. They remained until after two blows had been struck, and then retired as they had no desire to stay after what they had seen.

Defendant maintained that it was impossible for Young to have seen him disposing of the horse, as his view was obstructed. He also said that the first two blows missed.

The Magistrate said that a person using a crude weapon like a swingle tree to kill an animal would have to give a number of blows before killing it, which the Court would not tolerate. The Court insisted on a speedy and certain death. Melenlunt would be convicted and lined £5 and costs £1 Us Id.