RESIDENT MAGISTRATE’S COURT.

Temuka Leader, Issue 1157, 6 October 1883, Page 1

RESIDENT MAGISTRATE’S COURT.

Geraldine—Thursday, Oct. 4, 1883. (Before H. C. Baddely, Esq. R.M., l)r Fish and Captain Temple, J.P.’s.) drunk and disorderly. An inebriate who had rendered himself obnoxious in a licensed house was fined 20s, or one week’s imprisonment. The Bench remarked that as it was his first offence they would not inflict a heavier penalty. AN ALLEGED EEROCIOUS DOG, Michael Quadc was summoned by George Meredith for permitting one black and tan dog to go about at large without being muzzled, knowing the same to be dangerous. Dr Foster appeared for the defendant, who pleaded not guilty. [During the hearing of this case Dr Fish did not sit on the Bench.] There was another, of assault, but the Bench took the two cases together. George Meredith, sworn, deposed : On Tuesday morning last, between 8 and 9 o’clock, I went to deliver a samtnons paper to a man named Johnson, who was boarding at the defendant’s. Quade’s wife was there, and I asked her to give the paper to Johnson when he came home. She refused, and I threw it down on the floor. She picked it up, took hold of me by the collar and endeavored to put the paper back in my pocket. A dog belonging to the defendant then came up and flew .at me, biting me on the leg and wrist, and smashed my spectacles that were in my pocket, I was on the main road. The dog followed mo four or five chains. I went to a neighbor’s house for a gun to shoot the dog, but found my wrist so bad from the bite of the dog that I could not use it. I knew it was a dangerous dog, and have a witness to prove it. The dog belonged to defendant, who bred it from a pup.

Cross-examined : It was a set-off that I wanted to deliver to Johnson, Both he and the defendant were away. When I called there first Mrs Quade was in bed. I did not let her know ray business. When I called a second time she was outside the house. She refused to take the paper, I was inside the gate when she took me by the collar. She said the dog would not bite me without she put it oh. She did not put it on. There was no altercation between her and myself. The dog first caught me by the leg and I fell outside the gate into a ditch on the public road. It rushed at me in the road also. The next house to Q'>ade’s is about 15 chains away. Quade works away from his house. Mrs Quadc has only the dog to protect her, I have known them three or four years. The dog never attacked me before.

Kennedy, deposed : I remember on last Tuesday Meredith coming to mo for a gun, t said I should like to see Quadc’s dog shot, as it had attacked mo in the road, when passing the house. It came behind me close to my heels, and on my taking up a stone to hit it it faced me and tried to jump up at my face. It is a large dog. It attacked me once before this occurred, on the public road.

For the defence, Mrs Quade deposed : On Tuesday last between 5 and 7 o’clock in the morning I heard some one come to my house. My husband was away. I called out 1 Who’s there ?’ The defendant answered, I told him if was too early for me to see him, and ho came again when I was outside the house, He asked if I would take the paper, and I said I would not be back for some days, He put the paper on the sofa. The dog flew at him when it saw him push me. I called to the dog to put him off. The Bench did not consider the charges came within the clauses of the Act under which they were laid. They arose in consequence of the conduct in a great measure of the informant. Dogs very often attacked people when they thought their masters or mistresses were being illtr.mted. No doubt the dog was frightened, and that made it ferocious at the time. It was a quite different case to a dog rushing out from a doorway, and attacking a person ferociously. There might be ground, however, for a civil action. The case was accordingly dismissed.

civil OASES. R H Pearpoint v Jas Macdonald— Claim £B, for services of entire horse, dangler. Judgment by default for debt and costs, Jas Tasker and Co v Quade. Defendant admitted the debt, but asked for time to pay. Ordered to pay 4s per week, commencing on October litli, till the debt be paid. C Trengrove v J Burke—Claim £3 13s 6d. : This was a disputed claim for blacksmith’s work for defendant, who is a wheelnght. After hearing evidence, the Bench gave judgment for amount claimed with costs. Same v C Looker—Claim 14s 6d, for blacksmith’s work performed. Judgment by default for plaintiff with costs. Johnson v G Meredith—Claim £2O, tor work done to engine as a certificated engineer and for cutting timber. A set-off had been filed, and an amount acknowledged to be. due by plaintiff paid into Court. Dr Foster appeared for plaintiff. After a patient hearing of the case the Bench gave judgment for £lO 2s 3d, costs and solicitor's fee, 21s. Tasker and Co v J Rowe, Claim £4 10s sd.

Judgment by default for amount claimed and costs. Same v J Burke--Claim £8 12s 9d. Judgment by default for amount claimed and costs, The Court then rose.