MAGISTERIAL.

South Canterbury Times, Issue 2186, 20 March 1880, Page 2

MAGISTERIAL.

TIAIAIUJ—THIS DAY. (Before his Worship tire Mayor and E. G. Stcrrickcr, Esq., J.P.) The case against McLcish and Lis men for riotous conduct in connection with the dispute as to the ownership of a Hock of sheep, was resumed this morning at ten o’clock. Air Haracrsley appeared for the accused. Mr Perry appeared to prosecute on behalf of Air Crr. The case for the prosecution having terminated last evening, Mr Haincrsley this morning intimated that before entering on the defence ho would ask their Worships to dismiss the case against the accused, and adopt a course very common in England—bind the men over to keep the peace. Me would urge i upon their A orships as a reason for this course being adopted the fact that McLcish had purchased the sheep on the faith of the partnership, and that the purchase was a perfectly bona fide one and had never been questioned. Mr Perry remarked that the purchase had been questioned. Mr llamersley continued that his client had been in quiet possession of the sheep for a whole fortnight when suddenly they were removed without his counsel or himself being told anything about it. Orr, it had been shown, when he removed the slice]) was not in the employment of the receiver. Meek had taken the law into his own hands, and he (Mr Hamcrslcy) would submit that McLcish was perfectly justified in removing his sheep and used no more force than was absolutely necessary to effect his purpose. There was no evidence of a riot having taken place. In a riot a certain amount of fear and terror must be inspired, whereas it could not bo shown that fear or terror had been inspired in this instance. With the exception of Bull it could not be said that any one of the men had acted in a threatening manner. McLcish, fancying he had a right to these sheep, had simply attempted to drive them along the road, and so possess himself of them. There was no riot ; were the accused sent up for trial it would be putting the country to a great and unnecessary expense. The prosecutor never ought to have resorted to this means of having the case dealt with ; he should have sought a remedy in a civil action in the Supreme Court. The case was a very trivial one, and in the event of the charge of riot being dismissed, he did not intend to offer any evidence for the defence. Air Berry remarked that it was all very well to bind over people to keep the peace after they had broken it. Indeed he doubted whether the Bench had the power to deal with the ease summarily ; the accused were charged with an indictable offence, and if their Worships would hear the evidence, they would think so. After some further discussion, the Bench intimated that it considered it had the power to deal with the case in a summary manner, and that it would retire for a few minutes to consider whether it should exercise this power or not. After being absent for about ten minutes, their AVorships returned, and gave it as their opinion that the ease was not one to go to a jury. They would deal with its summarily. The accused would be discharged, with the exception of AlcLcislx and Bull, who would be bound over to keep the peace for six months, McLcish in the sum of AIOO, and two sureties of £SO each; and Bull in the sum of £2O, and two sureties of £lO each. The Court would also mention that tin's ease ought never to have come before it at all. The accused were then cautioned by the Bench as to their future conduct and discharged. SUSI-KCTHD I.UX.U'V. A resident was brought up on suspicion of being - of unsound mind. Dr. I!. 15. Hogg stated that lie had examined him, ami found that he was very incoherent in conversation. Perhaps it would be as well to remand him for a few days for medical treatment. Gregory, who made some rambling roBemaniled for seven days, in accordance with the I lector s suggestion. The Court then adjourned.