RESIDENT MAGISTRATES COURTS.

Temuka Leader, Issue 1499, 14 October 1886, Page 2

RESIDENT MAGISTRATES COURTS.

'Oci. 12. 1886 ; . _ ' i [Before J. Eeswick, Esq., E.M.] ASSAULT. j ' r ''_ F. R. Oldfield was charged iwith having, on the 9th of unlawfully assaulted .Julia Hope. I ,-.■-:,r j cros|| iutnjh|cfnj? changing afrs Hope with_hayirig , '~cfiriv«a Oldfield's land,wnicft dicl not' to I her,,,.,,, ~, •„, ;,,, :;i ; ; ;., ..,, ,; j ! r Mr. Tp^wilia^pe^reclyfo^Oldfield. i fiMtkO I'smost*-'"inaudible 'f.&i' 'the" reporters' table;"gave^videhce ,; td r the j;ff«ot :that.'.she> walked l <amdt)gsb the'l sheep but'. h'ev#;;dr6ve 'ttiem 1 to f thd' ro&d. Oldfield struck he'r tvyp' or tfrree imes a'ty'd knocked tier dbwn."'' : .■".., ■>'. i [-'\ „,. v In'V ep'l'y jip''Mr 'Tps.sw^Lf,'■ "tl^'p'; -yviltnessi said !^u ne.n|ii ( ampn 7 gßiii l tbe -sheepi :to get her cowi- Oldfield, ;bimself .'drdve the; sheop off. Did not try to stop the. sheep being driven along the road. Never went off the, common, j The comjn'bu. Oldfield. .threw stones at witness; and herxio£,//aiul she threw, stones back, > ; -, , !,F,IR. (Oldfield) i'.:Wet&, grazing-i sheed ! on the coranu'ori,; when the plaintiff! with two childrenand two doers came, j The girl kept. o working;, the .sheep,j towards the road,,,, the sbedp ttpand.down, and rwitneSs tmrew then UhVelf'sfonW-fofc 1 ijfitne'sfe.' : ' x 3nb asked, " Would you job she woum' ) take''^B3 t 'and tacicer. She" then sent home for her knitting and dinner.'> sheep 1 -wferj ;thd concrete bridke^aiid'Mfß Hope mei him /thtiretagainv /He, had'to out of the roaj. Never slapped her. She said if witness-struck her she would _!BU.mmflns:|him»!'.' •■■ i • t\v;;\ J.J/. ~1 /V .William: Hooperi laborer, saw Mrs Hope with two dogs and two chi dren at one aid* wnd Oldfiald at the other. Saw Mrs'tiopp throw stones at Oldeffect that be: saw OldSeld strike!Mrs Hope. Saw Mrs Hop* with ; dbsß. j' ;' Bolh 'cbses were dismissed, each party tp pay thW own costs. i n Uirw I.- ''ii'.i I ; ,„,,;,., pRIVINQ,.SHEEP. : ;/" " George Hobbs was charged 'with havipg driven sheep, off, the common, beingj-l'an'd 'hot'Mhis'ocbUpatipn,. i-• 1 P; saii he ilid'not see the'; defendant derive the sheep,, ~, I ..,'.'■'" "Charles toy "of aboui 'lO years, said the defendant did not interfere with thjTsheep, and the case 1 was allowed 06,"j(or|. his expenses indi a.- witness he Ija<v2s.6;,i. yr., ■ ':■' ,- ! -'"! : .K j ..i ~ -vi! \.i:\ r.. LARCENY;' v; ; > • \ Daniel Bryant was 1 brought up charged with having stolen a vest o|f the value' of 20s/from : the shop of H. T. Clinch; TSilor^temufca. 1 ' • Joseph Clinch : ftemember-making the \est produced on Sept. 6. Saw it again- yesterday.. ■". He was s'ure it vfas. ■the vest. ■■ - ■• '■■ :i - ■■ ■ ' <

H. ,T, Cljnch : Remember catting the vestjl When he : ha'dUo deliver the clothes missed 3tho'yes t. Sept 6th was on a Monday, 'fhe vest had been altered at the back. Left it in the shop ]wirjd(|Vr.; 'J( wis; worth 1 * T ','„ 'Constable" Guerjn stated' that the, .accused : was wearing the yest.. His fatlierj said, be' hafl, found the vest in ! a gully. That wasi a"portiou of the wrapper given by the father to witness, The paper had Lidsey's natnf) on ;H.

H. T. Clinch recalled : Delivered the coat and trousers. Lidsey had left long before the vest was made. His Worship ordered the father of Bryant to be called in, but as he was uot in a fit state to appear before the

Court, His Worship casefor a week. -■" - : ,';, CIVIL CASES. J. M. Nanghton v. J. HarrisonClaim £8 19a 7d. .-,'; Mr Aspinall appeared for the plaintij^, The defendant' aimitted the amount andi was ordered 'to pay at theratd of lO":', or go to gaol for 14 days. J. J. Heap. v. J. £2ios. . -, :>^!:!'r Mr Aspinall appeared for £he plaintiff 'and MFTosbwill 'for"defendant , The plaintiff owned. a,rqtr,ieyer dog. He said Russell, who is a postman, 'came 'in and "the; dog ; was 'kicked' 1 by -him, ; 'Rus'se , li > "kicked] the | dog four' : tirn'es, and the dog died immediately. Russell came Rex*; idayn and expressed tfegitet and said- he ■' would 1 give' his dog 1 to I! witness. ! The ■dog" was valuable. He was broken to the gun! lie wasworth£2 10s, ' '..., M -|, '"._:l> |l My''''Toßß i ml| ; :''i , K i ei_ dog did not attempt to bita bim. fhe dog's leg was broken," bat it had got right. \Thbught i»t first it was poisoned, but saw him bleeding through the nose and knew then it was not. '

.Henry Drew saw Russell: kickj tbe dog. The dog never attempted to bite anyone; fo.und u jtbie; dead. It had none of. tbe , ( symptonjg'of, haying 1 died from poison. I , !

, To Mr Tosßwill : Was in the bar and could see. Saw the whole of it from start to finish. The dog was growling at another dog that was in the doorl . Gdorge Levens, veterinary surgeon : Two or three of the ribs were crushed in and the lungs appeared to be crushed; Did,not make a post mortem examination of the dog. | Edward Brewer knew the dog. Never heard any one complaining of him/ Was a splendid dog with a gun. Was worth £5 even with his broken legj ..]. T John Russell, the defendant, said he was a letter carrier in Temuka. j The dog attacked witness and he kickcdlhim." The dog returned and witness kicked, bim again/. He kicked him three times! in self, defence. Did not see Drew. Offered bis own dog after the accident occurred. : , j (To Mr Aspinall :; The- dog attacked me several times before. : My "-own! dog was with me,Wt had. not come up at the tiniiß. Made a' kick at Morfley 's dog, but lost my balance and j fel,J w Heap's dog jumped on my back once.-i i Mr'Tosewill held that there was no proof, of the dog being-killed by .th& kick. A man was justified in killing the dog,:if attacked by him, under, the Dogs Registrational. . ' Mi- Aspinall said it was a strange, thing the dog never attacked any; one but the defendant. j < His .Worship said it was very necessary to' protect persons having duties like a postman to perform, but he had' 'no right to go round with a dog, He" .Had no doubl that the dog died from the effects, of being kicked. The arabarifc; claimed was not excessive,,and judgment would be given for the amount claimed •and'costß. • : ■' ' i _, :\j W. Demuth v. W. McCflnn—Claim MKr-. . ... I ;- u i■ I Mr Aspinall appeared for tbeplajntiff and Mr Tosswill for defendant. , The plaintiff stated that on the &otb7 of September he saw two of McGinn's* dogs- worrying his sheep. Followed them to McOa,nn's.place. McCannjsaid 1, the. dogs;, w.ere.'.'.bis. . Went back! and found tvro sheep dead. Got 28 skins., Saw the dogs there previously, but did ''not tnoV jvho they belonged 7^ 'u^til^e; he tracked them home. ; kill"the.sheep, ate the-hind legs off them. Laid poison, but'did, not' ißhh'ot dogs. Did.mot ■ shootJlooneyku Saw one dog dead there. ti i ; Thomas'Demuth, f'i yekrs of: age;' .B^id' ! he ! saw the dogs worrying' sheeD ff Never saw the same dogs there before.' Sa,w lt 2B sheepskins atbis father's place. W. B. Bin'ey- saw dogs answering' the j description .of i McOann's dogs worrying fiheep in Grant's paddock. To Mr Tosswill: Did not'knoW the ,dogs. >,-,- ', •i David' Charteris saw up followiug two dogs. There Were plenty of dogs tbe same eolor as those seen by , W.'MoCann saw Demuth ride by his place on the morning in question; About 20 minutes later his dogs oame round by the 'Presbyterian Church corner j and Demuth followed them. He asked Whose dogs they We're" arid witness' !said they 'were 1 his. Examined : the'; doiaisl They were perfectly'dry arid 1 had no; sign of blood on them. Sheep-were in Gray's yard,-iiext door.a'n'd they never interfered with them. They were out wjth witness and-never interfered withariy-' thing. , To Mr Aspinall: Gave one of the dogs away, and the other-be-tied up at night. David Charteris was confident he saliv, young dog in the yard at 8 o'clock that - j riioMiing. Sa* Demuth pass by'at that tirqe.v About 9 o'clock he cime baick' with the doge. . Examined the big dog' ,imd he. w,aß,per£ectjy-dry ; and had j%6 ; , sigo of blood on him. He was as dtyaa ' if he had been on the chain. '"''' '

R.- Metsdn, park caretaker, said Demuth' told him that dogs were amongst his sheep.'' WheV'talking'/to .Demuth TfifV Aspinall's dog passed by, and his eotf said " That is the dog." He said he ha<J. killed Rooney's dog, but it was still alive. 1 Counpel having addressed the Court, his Worship said he had no doubt about the two sheep having been killed and would give judgment for 18si Court costs, and witness'' expenses. The Court then r6se. ■■■'•■■>•■ ■■•