RESIDENT MAGISTRATE’S COURT.

Temuka Leader, Issue 1405, 15 October 1885, Page 2

RESIDENT MAGISTRATE’S COURT.

Temuka—Wednesday, Oct. 14, 1815,

[Before J. Beswick, Esq., R.M.] DISTURBING A MEETING. John Smith was charged with haring disturbed a pub'ic meeting in the Volunteer Hall, on Friday, the 9th inst. The accused denied the charge. Constable Guerin stated that on Friday evening, the 9th inst,, when Mr Burnett spoke of Mr Gladstone, the accused began to talk, and Mr Barnett had to “ knock off.” When the constable spoke to him he became quiet. In Waimate the constable had to arrest him for disturbing the Salvation Army. Defendant ; Didn’t I ask Mr Burnett didn’t Mr Gladstone sell his country f Constable Guerin : Yon did. Defendant : Didn’t I go out. Constable Guerin ; I don’t know. Mr J, Brown said ho wished to say a word in favor of the defendant. Mr Brown, on being sworn, said that Smith spoke one or two words, but really no disturbance took place. The prosecution was instituted against the desire of the Committee of the Blue Ribbon meeting. The accused afterwards took the pledge. His Worship said it was very stupid of the defendant to disturb the meeting. His case would be dismissed, but he had better not do it again. BREACH OF TOWN BY-LAWS. Robert Casey was charged with having drawn a dray over a concrete kerbing in Temuka, George Djson : I saw damage done to the concrete channelling in Commerce Street to the value of 2s or 2s 6d. His Worship to defendant: Will you pay 2s 6d. Defendant : Yes. He was ordered to pay the 2s 6d and costs.

NOT BURYING A EORBB.

Julius Siegert was charged with allowing a dead horse to remain anburied.

Constable Morton said, in eridence, that the head, legs, and rump of the horse were exposed, and that it had been insufficiently covered. Julius Siegert said that about a fortnight ago the horse died and ha buried it in a hollow of the river bank and covered it over. When Constable Guerin called attention to the horse yesterday, he at once sent two men to again bury it.

W. Demuth stated thkt he assisted in putting the horse in the hole. They put it where a number of horses had been buried, and covered it with shingle, sand, and tussocks. His Worship said the deferfdant ought lo have buried the horse pro* perlj. He would be fined 10a and costs. CIVIL CASKS. W. Demuth v. W. Hopkinson— Claim L 3 13s 4d. Mr Aspinall appeared for plaintiff, and Air Raymond for defendant. W. Demuth said : I lease land from the Volunteers. In March last I speke to defendant, and he told me if I allowed his horses to rnn on the land he would pay anything reasonable, I charged him Is per horse per week for them. I charged 4d per bag for 41 bags, 1 never had the straw. The arrangement was that I was to get straw, and Hopkinson was to carl it. To Mr Raymond : The land is in the river-bed. Thera is no fence to keep cattle off. There are 275 acres in it. Some of the stock died last winter. I do aot know what they died from ; perhaps some of them died of starvation. Hopkinson had nothing on his own side to k n ep the horses. He told me if I could get straw he would cart it. Had many dealings with Hopkinson. I supplied him with milk and butter and he supplied me with firewood, I have been told by Hopkinson to keep my pig* at home. That is not the reason I brought the action. To Mr Aspinall : There was good feed on the land.

Norah Demuth, wife of the last witness, stated ; Hopkinson brought the straw and he told me I had mv share of it. I said I wanted more. He brought me two loads and I paid him 10* for it. fn the account rendered by Hopkinson in August last he did not charge for straw. Whenever Hopkinson was away with his horses we al'owad him for it.

To Mr Raymond : Hopkinson did not bring any straw after I pftid him 10s. Some of the stock died because the feed was bad.

Fred. Demuth gave evidence to tha effect that he had helped to carl tha straw. The two loads for which his mother paid were got from Mr Fitzgerald’s. To Mr Riymond ; The straw was equally divided. Martin Connolly : 1 own the plaoo adjoining Demuth’s. 1 understood

Bopkinson’s horses were grazing with Demoth. He turned them over to me, I asked him was he grazing his horses with Domutb. He said “ Yes,” and I told him to keep them there. He »aid “ He was glad I spoke as my pigs were trespassing on his land. Here is a pig of yours : that will be a shilling.” He admitted he was grazing his horses on Demuth’e land.

William Hopkinson : lam a neighbor of Mr Demuth’s. On the 21st March I had eight herses. My horses used to get on his land and bis cattle csed to get to my stack. I told him if he would not impound the horses I would give him anything reasonable. With regard to straw our arrangement W*s that he was to find straw and I would cart it. Demuth got 6 waggon loads and I got 2, and Demuth got 5 cart loads more and I only got 2 loads of straw. It is for the extra loads I charged. One shilling aweek for horses is too much. Oue penny would te more like it, as there was no feed. The 41 bags were supplied to my son. I don’t know anything about them. To Mr Aspinall : I have only a quarter of an acre and keep 8 horses on it. The agreement was that the straw should be equally divided, but, I gave more to Demuth than I bad myself.

W. Hopkinson. junr., stated that the horses were usually kept on the Opihi river-bed. When they went on Demuth’s land they generally got impounded. They were only occasionally on Demnth’s land. He gave me 30 bags and I returned him 80 bags. He again gave me forty bags and be owes for 10 bags. Charles Samuel Jones said : Was employed by Demuth in March last for six weeks and am now with Mr Hopkinaon. I only saw Hopkinson’s horses on Demutb’s land once.

His Worship said the evidence was conflicting. The last witness said there was no feed, yet he was minding cattle there. It appeared Hopkinson had his horses running about, and to save them from being impounded he agreed to pay Demuth something. The defendant proved too much. He said there was no feed ; then the horses were never there ; and then he paid for them with the straw. He would give judgment for 6d per week for the horses and would not allow for bags. He would give judgment for L2 14s 6d, Ll is solicitor’s fee, and costs. The Court then adjourned.