RESIDENT MAGISTRATE'S COURT.

Southland Times, Issue 644, 15 March 1867, Page 2

RESIDENT MAGISTRATE'S COURT.

Tuesday, March 12, 1867. (Before H. M'CuUoch Esq., R.M.) Kenneth M'lvor was brought up charged with wilfully damaging certain public works (on the Oreti Railway). The prisoner, who pleaded " not guilty," was allowed to stand on the floor of the Courfc. Mr Harvey, who appeared on the part of the local Government, in opening the case for the prosecution, stated the circumstances were that about two years ago the Government had arranged with Mr M'lvor for the purchase of a part of his land (for railway purposes), had obtained possession, and held it without interruption until recently, when a dispute arose respecting a slip of land which it appeared Mr Heale,- on the part of the Government, had arranged to purchase, but which the Government declined to recognise. Mr M'lvor had been some time ago offered the price of his land as fixed by arbitrators, but had/ declined to accept it. The course he had since adopted was one to be seriously reprehended. The course of law was open to him, he could have brought action, and the Government was willing to try conclusions. However, he (Mr M'lvor) chose to adopt a course whereby a risk of loss of life was incurred. (Mr M'lvor — "I never sold to the Government at all.") The Government felt it was bound to protect the public property, and decided to take action under the 3rd subdivision of Clause 3 of the Police Ordinance. Mr Harvey then called John Blacklock, Provincial Treasurer, whose evidence waa to the effect that the

ment about tliree years, and that there had been some dispute recently respecting a settlement of M'lvor's claims. In cross-examination by the prisoner, the following questions and replies D3.S3GQ. I' "■ Prisoner: "Did I agree to sell the land?" Witness: "Yes you, agreed to sell it— the money was tenderedHo you. Prisoner: "No." ■''*■„, Witness to Mr M'CuUoch— " The amount agreed to by the arbitrators under a special agreement was tendered. Prisoner : " Was the yalue of the land in dispute ever tendered to me ?" Witness : " No." Prisoner : "It was valued under a separate arrangement, waa it not?" James Crawford, in the employ of Messrs Smyth, Hoyt & Co., deposed that he was working the Lady Barkly engine on the previous day a little after 10 o'clock when he found a chain across the Waikivi bridge. Eemoved it and went on. On return found a rail removed which might have caused an accident, blown up the engine or upset it. His mate wanted to replace it but Mr M'lvor would not let him. He had two men with him. The line had been since repaired and the engine brought to town. Cross-examined by prisoner—" It was Mr Blacklock advised me to cut the chain." Prisoner: " Bid I tell you not to go through ?" Witness : ." Was Ito believe what you told me ?" (Laughter.) After some difficulty, owing to the preternatural 'cuteness ofthe witness, it was at length elicited that prisoner did warn him not to cut the chain. Edmund Eogers, Provincial Accountant, proved that the amount of two certified vouchers, for .£250 and .£74 respectively (produced) had been tendered to prisoner, and that a memorandum had been made at the time (4th June, 1866) of his refusal to accept. By prisoner — "What document was attached to those papers ? — on your oath." Witness : "lamon my oath. I am almost sure there was not any other than those produced." Prisoner : " There was a document which I read, but I never had it in my pessession at all." M. O'Keefe, sergeant of police, stated he had met Mr M'lvor on the previous day. He said he had taken possession of the line, and would allow no one to go over. Witness saw the Lady Barkly engine stopped at the Waikivi Bridge. Saw the rail up and the chain. Asked who moved the rail, and M'lvor said at once that he had done it. Told him he had damaged public property, and would have to arrest him. Did so. " Asked the witness Crawford to replace the rail, when prisoner told two men he had there to prevent it being done. Witness then made M'lvor aware that he was a prisoner. By Mr Harvey — " Prisoner could have got out on bail so soon as he arrived in town." Mr M'Culioch — " Was the contract for the alienation of the land obtained under the Oreti Eailway Ordinance." Mr Harvey did not think there was any ordinance at all. Any documents in connection with the case would be produced by the government. Prisoner—" The document I speak of was one precluding me from even asking anything more" Mr Harvey thought the conditions on one of the receipts (read by Mr MjCulloch, but merely referring to execution of transfer) were alluded to. The prisoner however declared that the document was not the one he referred to. Mr Harvey said he could recall Mr Blacklock. The prisoner then made a statement to the effect that he had tried for a long time to obtain a settlement with the Government— that Mr Harvey, then his legal adviser, had written to the Government notifying the intention to re-enter, that Mr Harvey becoming Provincial Solicitor he (prisoner) had gone to Dunedin to consult Mr J. H. Harris, and that he had, in closing the line acted under his advice. That he (prisoner) had never in any shape or way conveyed the land in dispute to the Government, and concluded by challenging their ability to produce anything to prove otherwise. He then called Mr Harvey as a witness, who at once admitted having at one time acted as the prisoner's legal adviser. John Blacklock, Provincial Treasurer, recalled. Questioned by the prisoner — " Was any other document attached to the vouchers than now ?" Witness — " I don't think so. There was nothing of consequence. No; I remember of no other writing connected with the arrangement." Mr M'Culioch said it had been proved that the line had been open to the public for a long time, and it appeared to him that the Police Ordinance as intended for the public protection applied Mr Harvey said the government would not press for more than a nominal line if Mr M'lvor would promise to leave the line alone. (Prisoner : No.) That they were willing to have the case adjourned for two hours to enable Mr M'lvor to communicate by telegram with his solicitor in Dunedin — intimating to the latter that he (Mr Harvey) on the part of the government would undertake in the event of Mr M'lvor complying with the condition (of leaving the line alone) to raise an action against him in the Supreme Court to complete transfer of the land. The Court then adjourned. On re-assembling at 2 p.m. Mr M'Culioch said thafc on consideration it appeared to him the prisoner had not been guilty of wilful or malicious damage, but had acted in the assertion of a supposed right.' Tne information was dismissed and the prisoner left tho Court. ========