RESEDENT MAGISTRATE’S COURT.

Temuka Leader, Issue 96, 21 April 1883, Page 3

RESEDENT MAGISTRATE’S COURT.

Geraldine —Thursday, April 20. [Before!. Beswick, Esq., R.M., ILLEGAL RESCUE OF CATTLE. Archibald Campbell was charged by Thomas Percival Wooding with this of f« nee. commuted on 'he 24th last. Ur Fo s *er appealed foe the plaintiff, and Mr White fir defendant. Thomas Percival Wooding, on being sworn said that on the day in question he saw ten heed of cattle belonging to the defendant trespassing on his land. He a'lovred them to ran a in an he nr or so to ssa if anyone would coma to remove

them. Jri then sent hi* son to saddle a horse and take (hem to the pound. He and hia son had driven t.ln-m as far asjthe creek, about thr«e quarters of a mile, when they were met by defendant, who asked where they were goin ; with the cattle. He (witness) replied ‘To the pound.’ Defendant endeavored to si. p them. The cattle were driven into a corner, and he left them in charge of his son to get some neighbor to witness what was taking place. On returning with a neighbor he told defendant lie should take them to the pound, but defendant would not let them go, and said he had a right to them as it was after sundown.

To Mr White; Campbell is always allowing his cattle to wander about. Have impounded his cattle six times within the last six months ; defendant import- de ! my cattle once. My land is not fenced j I asked him to fence, but he has not as .ed me to do so. His cattle have none me a great deal of damage. Have been neighbors two years. The sun was not down when we started for the pound. To Dr Foster : Have complained to him through my son of his cattle trespassing on my land ; I am willing to fence. Joseph Wooding, sworn : i am the son of last witness ; was with him on the 24' h March last, assisting to drive ten head of cattle off his land to the pound ; was left in charge of the cattle when Campbell stopped us while ray father went to get help ; while I was alone he threw stones at the cattle and myse’f, and one stone hit me. Defendant said we had no right to take them.

To Mr White ; He tried to hit me with the stones ; was about a dozen yards distant from him ; either he could not aim well, or I got out of the way. John Stewart, sworn, said : Know the plaintiff and defendant ; remembered Wooding coming to him and asking him help as he wanted to take the cattle to the pound, and Campbell would not let him. Dr Foster said ; I shall not ask that the Cattle Trespass Ordinance be put in, as your Worship has already ruled in another Court that it is unnecessary. Mr White asked tint tbejeaso be dismissed as the Otdinanco was not before the Court when his learned friend closed his case ; and also that the information was bad, and the defendant was entitled to the case being proved in the strictest manner

His Worship overruled the first objection.

Mr White asked His Worship to take a note of the objection Archibald Campbell, sworn, said he had known the defendant for four years; have asked him to fence. At this stage counsel thought some arrangement could I e arrived at between the parties. His Worship agreed with the suggestion, and adjourned the case to enable them to settle the matter. CIVIL CASE, Judgment went by default in the following cases : Morrison and Dunbp v. D. Wright— Claim £5 Ha Gd ; costs allowed. Same v. Looker—Claim £2 19s 2d ; costs allowed.