Monday, November 25.

Tuapeka Times, Volume V, Issue 252, 28 November 1872, Page 7

Monday, November 25.

(Before Vincent Pyke, Esq., R.M.)

Ann Thompson was brought up on two charges of using obscene language and misbehaving herself generally at Waitahuna. Several witnesses were examined, who testified to the conduct of the prisoner, against whom four previous convictions were shown. On being asked what she had to say for herself, the prisoner asked to let off on this occasion, promising, in the event of the Resident Magistrate doing ao, to at once leave the province and go to her brother in Canterbury. A fine of LID in each case was inflicted, with the alternative of 3 months imprisonment, with hard labor, in Dunedin gaol, on the Ist charge, and 2 months on the second — in all, 5 months, M'Kellar v. Scrirngeour. — This was a complaint against defendant for driving sheep and cattle across run 163 without giving the necessary notices'. Mr. M'Coy appeared for plaintiff; Mr. Mouat on behalf of defendant. Mr. M'Coy having briefly stated the case, called C. W. Adams, district surveyor, stated that he knew run 163, and Carson's hut thereupon. He thought the Molyneux was one of the boundaries of the run ; and if that was the case, cattle could not be driven past Carson's hut without crossing the run. In cross-examination, Mr, Adams said that from Tnapeka Mouth upwards there was a mining reserve 10 chains in width along both banks of the Molyneux ; • but he did not know whether it had ever been proclaimed. John M'Kellar, lessee and occupier of run 163, said the Molyneux formed one of the boundaries of the run. Carson's hut is on the run, an 4is situated about 100 yards from the river. Witness did not receive any notice from defendant that he was going to drive cattle across the run on the 2nd November, nor was any notice to that effect left at his house. Crossexamined. — Witness is in occupation of the portion of the run in question. Had no Cattle upon it, but one Carson, a servant o£ his, had. ' Knew nothing about the mining reserve, except from heresay. — Carson stated that he resided on run 163, which belonged to M'Kellar. On the 2nd November some cattle were driven between his hut and the ridges by Scrimgeour and Heaps. The cattle included young bullocks and milch cows. 80 of the cattle belonged to witness, and the remainder to one Donaldson. No notice that cattle were to be driven across the run was given. Cross-examined. — The cattle were close to the hut. There is a road there, but the cattle were not on the road. They were going towards Beaumont. Witness' cattle were on the flat ; but did not know whether they were running on run 163 or not. By the Bench. — When witness saw the cattle he went in front, and wanted the drivers to stop. Scrimgeour threatened to sue witness if he interfered with him. The cattle were being driven to the pound. The cattle were .run on the flat by permission of Mr. M'Kellar, and have done so for six months.

Robert Heaps said that about the beginning of the month he assisted Scrimgeour to drive 15 head of cattle and 5 horses to the Lawrence pound. Crosßexamined. — The cattle were driven on a track alongside the river. Half the cattle were milch cows. By the Bench.— The cattle wete driven from about half a mile above Carson's hut.

Mr. M'Coy maintained thai ike fact of the cattle being driven to the pound did not exonerate from the necessity of serving notices.

Mr. Mouat contended for the defence that the Ordinance was ultra vires on the principle laid down in Beggs v. Sinclair, Court of Appeal reports; that the information wa3 bad for not negativing the exception in the sections under which it was laid ; that the evidence was insufficient as not shewing that the ground through which the cattle were driven was in any run, and that the driving of cattle to pound was not within the Ordinance.

The Resident Magistrate said it was unnecessary to call evidence for the defence,. The case should never have been brought into Courk, as it was an ai tempt to settle a question of title by a Bide wind. Case dismissed, without costs.