RESIDENT MAGISTRATES' COURT

Thames Star, Volume XII, Issue 4045, 15 December 1881, Page 2

RESIDENT MAGISTRATES' COURT

THIS DAY. Before H. Kenrick, Esq „ R.M. ASSAULT. A case of assault against Charles Henry Albert Tonge, preferred by; Cecilia Tonge, was called on. Mr Brassey appeared for the defendant, and asked for a remand. He believed some arrangement had- been come to between the parties. His Worship said that the defendant had received a summons, and he was therefore bouud to attend. However, he would allow the case to stand back.~ ILLEGALLY ■WOUNfHVIG A'HOBSEi.' John Barry was charged .with unlawfully wouuding a horse,'the property of Abel Mack wood, of Te Aroha, by shooting it with'a shot gun on the left side.on the 13th November. Detective Farrell said, he arrested the prisoner on the 13th inst. He cautioned accused, who was performing ablutory duties. Accused said he didn't care, and didn't deny the charge. He had been annoyed by the horse, and had shot it. Produced was the gun used by. the accused; AbeFMackwood deposed.he knew the prisoner who resided about a mile and a half from;his residence. Accused was a farmer. He remembered a boy named Henry Mace making a statement to him, and in consequence he went to look for the horse, which he found on prisoner's section. The horse was not very far from Barry's house. The near shoulder was raked with shot. He saw the marks of the shot, and a little blood exuding. The horse was also lame. He could feel the shot immediately under the shoulder. A stray shot had penetrated the foot, which caused it to walk lame. On the night of the 12th the horse was in his paddock, and was sound so far as be could tell. He could not work the horse next day. Accused told him he had shot the animal. Accused said the horse was a source of great annoyance to him. Accused said he did not wish to press tlie charge too hard. To accused—He was not positively certain the horse was in his paddock on the 13th inst., but he thought it was. To the Bench—The shot marks were fresh. He said to accused that the horse was a nuisance, and that he would have to get rid of him. Henry Mace deposed he resided at Te Aroba.. He remembered the 14th ult. He was working (it a fence on his father's farm, about half a mile from the accused's. He heard the report of a gun at about 4.30 in the afternoon. He saw the horse, which had small drops of blood on the left side from the shoulder to the near quarter. The horse was lame and Btiff. He saw no smoke from the gun, but saw the horse staggering. Barry told him he had put a charge of shot in the horse. The prisoner was committed for trial at the next session of the Supreme Court.

In the case of assault against C. H. A. Tonge, neither parties appeared, and it was consequently dismissed. Court adjourned.