MAGISTERIAL.

South Canterbury Times, Issue 2190, 25 March 1880, Page 2

MAGISTERIAL.

TEMKUA—YESTERDAY. (Before F. Guinness Esq., E.M.) POLICE CASES. Thomas Sheen was charged with throwing night soil on a public thoroughfare. George Bolton, inspector of nuisances for the district, stated, in l"’s evidence, that the soil was thrown on the public road. Another witness being examined, the accused was fined ss. Police v. Harrop.—Allowing a cow to trespass on the railway on March 4. Archibald Bussell deposed—l am a gauger on tiro railway. I remember tire 4th March. On that day I saw a cow on the railway, and it was impounded by one of my men, named George Phillips. He (George Phillips) drove the cow to the pound. Cross-examined by Mr Austin —I know the gates were closed at the time the cow was in. The gates arc all closed at night, and in the daytime thc3 r arc open for tralllc. The time I saw the cow was about half-past seven o’clock that morning. For the defence, Mr "Wheelband stated that he had laud adjoining the railway line, and it was not fenced. This was about a quarter of a mile or so from the railway station. On the application of Mr Austin, solicitor for the defendant, his Worship fined the accused £5, so as to enable him to appeal against the decision. GALLAGER V. MORRISON. This was an assault case. As the defendant did not appear, and as there was a summons out for him, the case was adjourned for one month in order to allow the police to serve the summons. TRESPASS. Edw. Hamer and Henry Webster were charged under the “ Vagrant Act” with trespassing in the gardens of Mr Wheclband, Orari, at a late hour, for an unlawful purpose. The defendants pleaded “Not guilty.” Mr Austin nvme.'i rod In watc-li therase on behalf of Dawber. Mr Hamerslcy for the accused. Sergeant Carlyon prosecuted. Thomas Dawber, sworn, said —I am a laborer, and employed by Mr Wheclband, of Terauka, to act as watchman at the Orari gardens. I remember the night of January 30 last. On that night I saw two men about 11 o’clock p.m. in the garden. When I saw them first I was sitting under an applc-trcc about ten yards or more from them. They were in the thickest part of the apple-trees. I could only see their legs then. When I was coming from under the tree the two men ran away in different directions. I followed one of them, and when I came up to him I found it was this man Hamer. I have caught Hamer in a cherry-tree in the garden before. I know the other prisoner. I saw him at the Orari station. I could not say that he was one of the persons who were in the garden that night. Hamer ran in the direction of the manager’s house, and the other man in the direction of the men’s huts. By Mr Mr Hamerslcy—There is a man named Jim in the employ of Mr "Wheclband ; ho had not been in the garden for over a week before. The garden is about 150 yards from the manager’s house. I spoke to Hamer and followed him, and recognised him about 30 yards from the garden. He said he was a shepherd on the station. The size of the garden is about llr acres. William Wheclband said that he was a gardener, living at Tcmuka, and was the present owner of the garden known as “ Orari Garden.” Ho had a lease of it from September last from the manager of the station. [Lease pro-

duced.] Dawber was instructed to look after the fruit. There were two gates going into the garden and one gate near the manager’s house was kept permanently closed. The garden all round was securely fenced. By Mr Hamersley—The garden belongs to the late Mr Donald. I have a man in m y employ named Jim Gowiy, By His "Worship —The station hands had no license from me to go into the garden. Sergeant Carlyon, examined, said— I am a sergeant of police, stationed at Temuka. On Feb. 3 I saw the prisoner Webster. Ho said he had been in company with Hamer on the night of Jan. 30. He said that they went together into Mr Donald’s garden, and they were alarmed by the watchman, and the3 r both van away in diffex-ent dii’ections, Webster running out by the gate leading to the men’s huts. By Mr Hamersley—l did not caution him as to my purpose. The evidence was given by Webster voluntai’il3 r . This closed the case for the prosecution. Mr Hamerslcy, on behalf ot the prisoners, said the case for the prosecution should not have been brought under the Vagrant Act, and submitted that from the evidence shown there was not the slightest ground for proceeding under the Act. He asked his Worship to allow the case to be adjourned, in order that he might produce witnesses for the defence by the next CouiT day. His Worship granted the adjournment for eight da3 r s, hail being allowed for each of the defendants, themselves -in £lO each, and two sureties for £5 leach. \ civil CASHS. Judgment was given ly default in the (following cases : Annie Brosnahan v. Francis Inncs. Claim for £32 for six weeks’ hoard and lodging, &c. Wilson and Sons r. Eobcrt Kelly. Claim for £2 4s, for goods sold. The Court then rose.