RESIDENT MAGISTRATE’S COURT

Temuka Leader, Issue 2453, 19 January 1893, Page 4

RESIDENT MAGISTRATE’S COURT

Temuka —Tuesday, Jan. 17, 1892

[Before C. A. Wray, Esq., K.M.]

UNREOISTERBD DOGS,

David Chartesis was charged with having an unregistered dog.— Edward Pilbrow, registrar of dogs for the Temuka Town District, gave evidence as to defendant owning a dog which he claimed was under the age for registration, and subsequently that it had been registered in Timaru. —D. Charteris said that in October, 1891, had lent the dog to Mr D. M. Ross. The latter registered the dog in March, 1892, and had it until he was arrested. It was then returned to him. He produced a memo, from Mr Lough, registrar in Timaru, stating that Mr Boss had registered two dogs at the date named. He also had a letter from Mr Ross to the effect that the dog was registered. His W orship said the only doubt appeared to be that of the dogs registered by Mr Ross one was that of defendant.—The informant examined defendant at some length as to conversations between them as to the dogs.— His Worship said he did not see any reason to doubt defendant’s story, and the information would be dismissed. W. S. Powlcsland was charged with having an unregistered dog in his possession, and pleaded guilty, but stated that he was under a misapprehension as to the age.—Edward Pilbrow, registrar, gave evidence as to having taken note of two pups, and found one of them had been given to defendant. The pup was two months old in April, 1892.—Defendant said he got the pup in the latter part of June, The boy who gave him the pup said it was three weeks old.—E, Williams, who bred the dog, said it would be about eight months old now. It was a large sort of a dog, but small when he go it.— Ordered to pay 5s registration and Is fine. CRUELTY TO A HORSE. James Mabin was charged with neglecting to supply a horse with sufficient food and water on the 26th December, 1892, and pleaded not guilty. T. Bourke, constable in charge at Temuka, gave evidence that on the 27th December he was informed that a horse had been left tied in the park. Found one there which had evidently been there all night. There was no sign of its having been fed. Its coat was dry, and the ground was all trampled. Took the horse to a livery stable, and had it fed. Defendant admitted it was his, but said he had looked for the horse but could not find it.

Charles Story gave evidence as to the horse having been brought to his stable on the 29th. It was very ravenous and thirsty. Mr Mabin had enquired about his horse the previous night. Said he had left it in the park, but could not find it. James Mabin gave evidence as to being at the Caledonian sports on Boxing-day. The sports were not over until late, and having to play at the concert he had no time to remove it. Went in the course of the evening to look for it. Could not find the trap or horse. Could not say if it was fed on the ground. It was fed before he left home at about ten o’clock.

By the Constable : Did not think the horse illtreated. It was always well looked after, and in good condition. John McCrae gave evidence as to accompanying Mr Mabin to look for the horse. Tried both stables, and other places. His Worship said by defendant’s own showing he had neglected his horse. Fined 20s and costs, with expenses of one witness ss. illegal rgscue. Thos, King was charged with unlawfully rescuing a horse from the custody of C. McAuliffe. Daniel McAuliffe said he found the horse tied to the fence of their section next Government laud. Untied the rope, and was leading it to the pound, when defendant told him to let it go. He did not, and Mr King got out of the trap he was driving and took the horse from him. Impounded it by his father’s orders. Had pounded Mr King’s cattle before and had them taken.

By defendant : Did not tell Mr King he was taking it to the pound. He knew it. Mrs McAuliffe gave evidence as to seeing the horse tied to the fence, and told the boy to take it to the pound. Mrs Martin, the wife of the owner of the horse, went after the boy, and witness met her returning with it. Mrs Martin told her Mr T. King had taken the horse from the boy. T. King, the defendant, gave evidence as to being asked by Mrs Martin to take the horse, which was being led away by the boy. Overtook the boy, and asked him why he took the horse from Mr Martin’s boy. Said because he was going to pound their cows. The boy left the horse go, and Mrs Martin’s girl took it home. Did not take the horse away. Edward King gave corroborative evidence. His Worship said that it appeared the horse ought not to have been impounded. It was grazing on Crown lands, and if complainant’s fence was injured he had other remedies. It also seemed there had been no rescue. Case dismissed. CIVIL CASES. W. McLeod v. John Woodhead—Claim £4 9s 6d.—Judgment for plaintiff by default for amount claimed, and costs. iSame v, J. Morgan —Claim £l2 16s 3d. —Judgment for plaintiff by default for amount claimed, and costs. The Court then rose.