Police Court, PAEROA. THURSDAY, MAY 16th, 1889.

Te Aroha News, Volume VI, Issue 369, 18 May 1889, Page 2

Police Court, PAEROA. THURSDAY, MAY 16th, 1889.

(Before Messrs N. Kenny, & J. Ilott, J'd.Pj. Dodd v. Carter : In this cnse William Dodd, labourer cf Mackaytown, laid an information against Henry Gaiter, contractor, also of Mackaytown, that he did on April 22n<l last, at Mncknytown, unlawfully and malicious!}' wound a heil'er calf, the property of the said Wiili'im Dodd, etc Constable Mitchell, who conducted the case on behalf of the prosecution, stated the charge was hid under section 40 of the Malipious Injuries to Property Act, and produced the following witnesses :—: — ' William Dodd, qn being sworn, said :t: t I remember faster Monday last, April 22nd. I left my home that morning about 5 a.m. and returned about 0 a.m. On my return home my attention was drawn to the fact that a red and white heifer calf of mine had beon shot. I examined the calf and found it bleeding from several wounds about the hip«, near side, and cheek. The wounds were occasioned by gun shot. I know this because I could feel the shot underneath the skin, and also took some shot from amongst the hair. The calf was jnst inside my own garden gate. W hen I found the calf in this condition I called a man iwimed John Deam to look at it. My garden runs back towards the road 96ft. I knpw the accused who lives about two chains away, from my home. I and the accused"h<)ve not b.een qn yery good terms for spipe three rijqpths past. He has been annoying me everywhere he met me ; and I ha,d occasion "tosufprn^n him to JPaeroa Police Court, on Uie~ lsj; April last, for striking my boy. The shot I took out of ,the hair of the ,culf I gave to, the police. 'Thewounds <w.ei f e quite 1 fresh, "and inflicted, I should think, abput an hour or 'two previously. Esther Anne. Dodd, having been questioned by the Bench, and appeal ipg to quite understand the meaning 1 of takjng the oath to tell the truth, whole truth, and nothing but the truth, was next sworn and said : I am nine years of age, nearly ten, and the' dnughter of the last witness, and live, at hcme with my parents at Mackaytown. I

krjow Mr Carter, who lives v near us at* 1 Mackaytoun. 1 remember Easter Monday, on that mgrriing I waaraking a red and white calf Out of Mr Carter's garden into my f others gaiden, when I saw Mr Carter coming down the road that runs by my fathers garden.fence. Mr Carter was eomingdown from Mrs* Noble's hou^e and hud a pun with him. I saw Mr Carter put the gun to his shoulder and fire at the calf, wliith was bleeding after Mr Carter fired ,at it, but not before. Ihe calf was blet din the side and nose, etc. I was standing near the calf and my sister behind it when Mr Cai tor fired, I was holding a iripe that was round the call's neck at the time I mid to- Mr Carter,, " You we'arly^hot n-\-V and' lie leplicd,. "Oh I wotiltl not care if I did.." Mr Carter then went back towards Mrs Noble's again, I was in our own garden at this time. hen Mr Carter fired at the calf he was about the length of this room (i.e., Paeioa Public Hall, about fifty feet), away from it. In icply to ifre Bench ? The reason I went to Mr Carters ro take the calf out was because I was to>d it u as in there. The length of the iopp tliatwa' round tile calfs nock was about the width of tin? room (i.e. about fifteen feet)* I took the' calf out of the gaiden, holding it by the l ope at the neck ; my -sister holding on to the end of the rope. *Mr Caitci's garden is next to ouis with only a fence between. When I took the calf of out Mr Carter's garden it was by going through the fence. The calf got' under the rails*. I saw it go, under the, rails' back into my f.ilhcrs garden. I was not frightened by the shot being fired, nor si nick. ■ Margaret Alice Dodd, a little giil seven years of ago, was next called. The Bench had some doubts at first as to the ndvL ability of having this witness sworn, owing to her londeryears, but on being examined by t\\e Bench as to the meaning of beintr swoin she answered very intelligently, and Constable Miichell stated her evidence had already bepn accepted on oath by (he Resident, Magistrate in that Court with lespect to another case. Having been swoin shesaidjn reply to the questions put direct by the Benr-h :— I am seven years of age. 1 remember the dny of Mackaytown races. It was Easter Monday . I saw Mr Cuter that morning after breakfast ; my sister Esther was with meat the time. No one was with Mr Carter. He said to my sister Esther" he did not care a pin ;" he meant i* he shot us. He said this after he shot the calf. The calf was in our garden at the time, and I was with it. I was boating the calf to make it go O n, my sifter holding :i long rope that was round its neck. My sister was holding the rope clo^e to its neck. I was beating ft with a stick, but elie had not ahold of the ropp. Esther was very clo^e to the calf when Mr Caiter shot it. Esther said to Mr Carter before he spoke that he nearly shot us— ho then said:" He did not care a pin." We did not inn away when the gun was fired. I told my mother afterwards what had happened. I saw Mr Caiter coming down the road from Mrs Nobles bouse before he shot the calf with a gun in his hand. John Denin was the next witness rxamined. His evidence was to the effect that on the morning of t?ie occurrence he was called by Dodd, to his house, n.id at his request examined the calf, which he found bleeding, and on closer examination found it hart been shot. Felt the grains of shot under the skin, and squeezed s >me out of the wounds, and noticed the skin grazed in several places by shot ; and abont a dozen shot wounds in the left hind 1 quarter. Annio Noble (sworn) : Tarn the wife of Robt. Noble residing at Mackaytown. I live quite close toWm, Dodd r and my next neighbour is Mr Carter. I remember Easter Monday, the day of Mackaytown laces. About breakfast time that moining Mr Carter came to my house and said "there's a grand shot in the garden"' (referring to his own garded). lacked him was it a pheasant, fie said, "-No its Dodd's calf." I t-aitl to hirr " You wouldn't shoot the calf," ho replied, "Yes I would.'' I pleaded with him several times not'to shoot the c.ilf. and Carter then said he would only frighten it. Whilst tins conversation was going on Carter took np my sons gun • which was standing ,in my kitchen. The gun is the one now produced. The gun wis mt loadt (1. These w.is no powder in ("he powder horn, but there was a loaded cai trid'-e belonging to a br"ecl(loader lying on the .slu:lf which I s,»w him take up and h'dillo with it, I believe he picked it to pieces. He got no powder, shot, or cap from me. He went out with the gun, .md very shortly afterwards T heaid iherepoit of a gun ; and within ten miutes Carter returned -and put the gun back where he took it fiom. He made some remaik about Dodd's calf, to the effect that it would not go back again ; (meaning to his garden, where it used to go. I understood from his remark he had just , frightened the calf, as he said he would do. ' I know Caiter and Dodd are not at all good friends. I quite understood Carter only inean't to frighten the calf for a lark, or would not have let him take the gun away. In reply to accused ; What I said to you that morning was don't kill the calf — not j don't shoot it. You replied I only mean to fiighten the calf enough to keep it out of my garden Accused next asked witness if she had always found Dodd an excellent, neighbour. The Bench objected to this question. Constable Mitchel, of Paernn, deposed to accused coming to him in Paerou on 4th inst, and making two complaints to him, one with respect to the manner his son had been treated by another lad, after relating which accused- went on to speak of the shooting of the calf, and said to him : Dodd has got another ca»e against me, I shot his calf last Eascer Monday, both cow and calf are always in my garden, there is nothing for them to eat in Dodds garden and bo he puts them into mine. I told accused ho. had committed a sei ions offence and that if he was annoyed by other peoples cattlo he ought to impound them. He replied he ccnld not spare the time to do that ; and besides that a Justice of the Peace, Mr Wells, of the Waikato, had said in his hearing that a person was perfectly justified in shooting . other peoples cattle when they trespassed. The Corstable further stated .that of his own knowledge Do'dd and Carter have not been .living on friendly terms for some months past. Tim plain's '< i: shot now produced he received from \\\<s iufo,rmant in this case, Dodd .' > : ' This was the casp for the prosecution. The accused reserved his defence, and nm le" no statement } and was committed to take liis trial at the next sitting of the Supreme Conitj Auckland, but was allowed out on bail, himself; in L2O, and two sureties LlO each.