Supreme Court, AUCKLAND.

Te Aroha News, Volume VII, Issue 377, 15 June 1889, Page 2

Supreme Court, AUCKLAND.

[Before His Honor Mr Justice Gillies.] The case of Wi'liam Henry Carter, committed for tiial by the Paeroa Police Court, on May lGtb, on the charge that on the 22nd April, he maliciously wounded a calf the property of William Dodd, came on in the Supreme Court, Auckland, on Wednesday last. Prisoner pleaded guilty. Mr K. Ilesketh, who appeared for him, urged reasons why he should be given the benefit of the First Oil -nrlers Probition Aft. The prisoner was under the impression that he was justified in shooting the calf for trespass, and he was Ibe firot to infosm Hie Constable, He was a respectable settler, and bore an irreproachable character, whif'h would be testified' tVby" Constable Mitchell, of Ohinemuri. The Probation OiTicerhad also, he understood, favouiilbly reported on the case. His Honor said he wa* inclined to accede to the request. The Probition Offlo"i 'a report was favourable, nnd thf^re was no doubt considerable provocation by the animal trespissing in his garden, but he had no right to shoot the animal. There was a gardens protection Act, whieli allowed of shooting fowls, etc. In this cisc he hesitated somewhat, as the animal was not in the garden when shot ; but as the prosecution was not brought by the person injured, but by the police, he would grant the application, the prisoner to be placed on probation for nine months, »nd piv thj costs of the prosecution. Mr Hesketh paid the^ cost 5 ? were very heavy and beyond the means of the prisoner to pay, and he asked Bis Honor to direct that a portion of the costs be paid . His Honor said the expenses weie disproportionately large to the of the offence, He would direct tlmtthe prisoner be brought np for sentence next day, and in the meantime inquiries eonld be made as to bis means. He did not think the public should be called on to bear the expenses. When Carter was brought up for sentence on riiursda3% Mr Williamson said MrH^sketh had been called away, but informed him that be A-onld consent to an order being made for the payment of £18 in instalments of £2 per month. The order was made accordingly, and the prisoner was discharged from custody.