THE COURTS.

Tuapeka Times, Volume IV, Issue 220, 18 April 1872, Page 7

THE COURTS.

DISTRICT COURT.

Friday, 12t,h Aplil. (Before His Honor Judge Gray). Ix Bankruptcy.

Be. Win. N. Gooday. — This case, which was adjourned from the previous day, with a view to some arrangement being arrived at,_ was again called on. Mr M'Coy proceeded with his notice that the arranging debtor should be adjudged bankrupt. Several creditors were present, who seemed unwilling to to push Mr Gooday to extremities, and as this seemed the general feeling of the Court and the bar, as well as of the creditors, there were several adjournments made, to see if any arrangement could be made which would render the interference of the Court unnecessary. Mr Copland,- who appeared, instructed by Mr Jamison, one of the original trustees, moved that the Deed bs taken off the file.

This was eventually done ; and Mr Gooday filed a new Deed of Assigmneiit, under which Messrs Hayes, Williams, and Harrop were appointed trustees. The creditors seemed satisfied with the arrangement, and the motion before the Court, that Mr Gooday be adjudicated a bankrupt, was not proceeded with.

RESIDENT MAGISTRATE'S COURT LAWRENCE.

Thursday, 11th April

(Before H. Bastings, Esq., J.P., and A. Stewart, Esq., J.P.) Tsaiah Mcc was charged, on information, with having used language, calculated to provoke a breach of the peace, towards Mrs. Treloar.

Mr. Gooday appeared for complainant, and Mr. M-Coy for defendant. Complainant deposed that defendant came to her house on the afternoon of the 30th nit. He called witness a b y oLI liar, b y b h, and other epithets. Defendant went away, and ab..ut, an hour afterwards returned, and called wiTie^s a hi-hway robber and a pick pocket.

Cross-examined by Mr. M'Coy—Witness simply told him that he would have to pay for his cow- Witness did not often impound cattle, and was not in the habit of quarrelling with her neighbours. Her son was present at the time. John Treloar stated that he saw Mcc on the 30th March at his house. He (Mcc) blamed witness for taking a cow from the hills. Heard him speakin<» to his (witness's) mother. Witness here corroborated the evidence of previous witness relative to the abusive language used by defendant. . ° Cross-examined by Mr. M'Coy— Was not in the habit of impounding cattle. An hour elapsed between defendant's first and second visits.

1 he Bench considered that plaintiff had failed to prove that the words alleged to have been used were uttered in a public place, and accordingly dismissed the information.

John M'Pherson was charged with stealing a horse from Mount Stewart the. property of E. Cameron. Sub-In-spector Thompson proaecuLed, and Mr. W: W. Taylor appeared for accused! From the evidence of plaintiff it appeared that about three »veeks ago he missed an iron grey filly which had been running on Mount Stewart. At the beginning- of the month accused called at his (prosecutor's) house in reference to the matter. After a conversation, during the course of whioh accused said he had made a mistake, prosecutor advised him to go to Tuapeka and see the police about the matter, which he, in company with his (witness's) son, did. Accused was in his employ for some years. He possessed caitle and horses, and was not a man likely to steal a horse. The horse in question, which was in the possession of the police, was not branded, but he (prosecutor) identified it as his by its shape and colour. Alexander Cameron, son of prosecutor, corroborated his evidence regarding the filly being missed, and accompanying accused to the Camp at Lawrence. He identified the horse as his father's property. He saw it at Coghill's, Havelock, in possession of a man he did not know. Accused told witness that twenty months ago he had purch.-ised a mare with foal at foot in Lawrence, and that the filly in question resembled the one he had purchased. lie said he had lost the receipt, and that the only man who knew anything about the transaction was John Donovan, who is now dead. In cross-examination, the witness said he did not think the accused would steal a horae, and that having been away a long time, it was possible for him to have mistaken witness's father's iilly for his own.

William Boult said that he purchased the filly from accused for £6 155., and produced the receipt. He said she was running in Pateraon's paddock, at Mount Stewart, and brought her in a day or two afterwards. Accused summoned witness because he would not pay £7 15s. instead of £6 15., the price agreed on, but judgment was given iv his (witness's) favour.

The Bench dismissed the case

Smith v. Lawson. — Claim for LB, for meat delivered. The debt was admitted, but defendant' pleaded inability to pay, aa he had no water at his claim. Judgment for- amount claimed, Wltil COStS. M l Alpine v. R. E. Field.— Adjourned for a week.

. Cuiailkv. Croijsdah . — Mr. Copland, who appeared for plaintiff, stated that the defendant was about leaving the colony, and the plaintiff having made an affidavit to that effect, succeeded in stopping him. The defendant paid into Court the sum of L 9 and L 3 costs, to await the issue of the cas«. Plaintiff therefore applied that ihe Court would order that the money bo paid to him. Plaintiff deposed that the sum was due him for goods supplied, and there being no appearance of defendant, jndgmont for the amount, with costs, was given.

WARDEN'S COURT

(Before Vincent Pyke, Esq., Warden.) Monday, 15th April. T. Boult was charged, on the information of T Grundy, Inspector of Depasturing Licenses, with having depastured thirty head of great cattle on the Tnap«*ka Goldnelds Commonage without being licensed. Mr, Grundy deposed that on the 20th

March, on examining the books belonging to the assessment department, he found that defendant had not paid his assessment. He called on him repeatedly, but could get no satisfaction, defendant telling him that Mr. Mackay had paid the assessment for him. Mackay told witness it was paid, and that it was not his fault if it was not. To satisfy himself as to the number, witness gathered the stock running on the commonage together, and found thirty answering to defendant's brands. Mr. Copland at this state appeared for defendant. *••

Mr. Grundy, in answer to questions from Mr. Copland, stated that Poult had no license for the last six months. His complaint was dated 22nd March. Never heard of fifty-seven head. Laid his complaint for the number found. (A document was produced by Mr. Copland purportingto be a license to depasture cattle to 31st December, If 1 which document was dated 11th April, ISYi, -Wiiur that the yeajrhid expired before tkV^JJg* was granted, which the Wajden ctiai" ' terised as somewhat singular.) Defendant stated that he was led to believe that his assessment was paid. In fact, Mackay told him so. He had dealings with Mackay, and he usually paid the assessment for the cattle. When, however, lie found out that they were not paid for he did not lose a moment in paying the amount (but after the date of summons).

The Warden remarked that ho was satisfied that the receipt of the summons was what bronght the non-payment to the recollection of the defendant. In this case, bein^ the first of the kind brought before him, he would not inflict the full penalty, viz., 10s. per head, but would fine defendant in the mitigated sum of 3s. Gd. per head, with costs and expenses.

Walter Miller was charged, on information, with having, on the 25th March, 1872, depastured 2000 sheep on the Tuapeka Goldfields Commonage, without being licensed to do so. Mr. Copland appeared for defendant.

Mr. Grundy said that on the 25th March he found a number of sheep belonging to Mr. Miller on the Commonage. He found on examining the books that Mr. Miller had no license to depasture sheep when witness found them. The sheep were branded MR. Witness counted them, and satisfied himself that there were 2000. The sheep were between the Waitahuna river and Mount Stewart. Witness saw no shepherd. Cross-examined by Mr. Copland Was appointed Inspector on the Ist January, 1872. On the 25th March found the sheep where described. They were on the goldfields. Witness caught hold of one sheep and satisfied himself that they were Miller's. Could not be supposed to catch the 2000. The brand was similar on all. The way. witness caught the sheep was by putting his dog on a mob and catching one. Witness was prepared to sweir there were 5000 instead of 2000. Mr. Miller has some pre-emptive right in the neighbourhood of small extent. Witness did not send word to Miller before he 'summoned him on tho 2Sth March. On the 2nd April Mr. Copland gave witness a* paper. Did not know what it was.

Mr. Copland asked witness a. few questions in reference to the document purporting to be a notice of application for a depasturing license, but the Warden held fhjrn to be irrelevant, and not bearing in any way on the case. Mr. Grundy was not the person to receive application?. He had nothing to do with them.

Mr. Grundy called Mr. Miiler, who stated that he was not aware that his sheep were on the commonage on the 25th. He had a license at one time, and had applied for another, but, could not say if it was refused. It was not gran t"d . '1 ho Warden : The question is, had Mr. Miller a license on the 25th March. The first intimation witness got was a summons. Never admitted that his sheep were on the Goldfields Commonage.

Cross-examined by Mr. Copland — Since witness received the summons the sheep were mustered and taken away from the boundary of the Goldiields Commonage. Had witness received a notice from the Inspector, he certainly would have taken steps in the matter earlier.

H. J. Abel, Gold Receiver, stated that he had searched his books, and found that Mr. Miller had no license from the Ist October, 1871, to the 25th March, 1872, for sheep.

J. M'Alister deposed that he had seen sheep on the Goldnelds Commonage on the 25th March. As far as witness knew they belonged to Mr. Miller. They were branded MR, which witness believed was Millar's brand. Had seen them on several occasions. The number would be between 4000 and 5000. Witness was positive there were over 2000.

By the Warden—The brand of Miller's sheep is Mil. No one else has sheep there.

The Warden said that he was satisfied from the evidence that the sheep were on the Goldnelds Commonage on the day mentioned. As to want of notice mentioned by defendant's counsel, it was a matter entirely at the discretion of the Inspector, Ample notice had bean given in the Gazette. He had no doubt defendant was aware that the full penalty is 10=5. per head. He mentioned this so that the runholders mi^ht know the fact. Tn - this instance he would inflict the penalty of Gd. per head, with costs and expenses,.

Tuesday 16th April.

Grundy v. J. M'AMster.—WAlhtcv w,is charged with having depastured on the Goldnelds Commonage at Waitahuna. thirty head of cattle in excess of his license. The evidence went to show that the defendant had cattle in excess of the number for which application had been mader He was fined for twenty head at Is. 6d, per head, with costs and expenses.

Police v. Lyons. — Mrs. Lyons was charged, under the Vaijrcnt Ac^, with having no visible means of support. It appears that the poor woman, with three little children, was found at Switzera in a state of starvation. The Magistrate there sent her to Lawrence Gaol for seven days, and the time having expired, she was again brought up. Sub-Inspsctor Thompson stated that she appeared to be suffering mentally, and asked that she might be remanded, in order to undergo medical examination., She was remanded accord* ingl)\