Monday, Bth September.

Tuapeka Times, Volume VI, Issue 293, 11 September 1873, Page 5

Monday, Bth September.

(Before E. H. Carew, Esq., R.M.) Patrick Minogne wa3 charged with being drnnk and disorderly on Saturday night last, and this being the third offence of the kind, he was fined 205., and in default 3 day's imprisonment. James Leslie was charged with maliciously killing a mare the property of Thomas Red path. Thomas Redpath deposed that on the 13th August he went to the farm of the accused, and on the way, about a quarter of a mile from his house, saw a mare belonging to him lying dead. Her head had been skinned as far as the ears. Her nostrils had also been cut with a sharp instrument. He turned the beast over and saw a small wound near the back bone, which might have been caused by the pitchfork produced. It would be more likely to make two wounds than one. lie afterwards went to the accused and asked if he had seen his mare. He replied that she was lying dead on the flat. Witness remarked that it was strange his mare should be wounded and fall dead in that place. Accused afterwards said that "he had driven her away once before when he pitched the fork at her, but did her no harm. He was afterwards at M'Alister's with the fork, and on coming back the mare was there again, when he pitched the fork at her again, and afterwards saw that she wasjwounded, and remained with her until she died. Witness asked accused how a pitchfork could cut the nose of the mare. He said in reply that he had done so to feed his dog. Witness remarked it was strange the head should be skinned and no other part of the body. Accused said the dogs had skinned it, and afterwards said he would be willing to pay more than the value of the mare and say no more about it. Accused promised to see him again about it, which he did on the following Monday, the Ist mat., when he said he thought witness had put too much value on the mare. Witness told accused he believed the mare would fetch L12.0rL15 in a sale yard. Mr. M'Alister came up while the conversation was going on, and accused said he was in arage when he threw the fork at her. M'Alister asked accused why he did not tell witness about it at once. His reply was that he thought sorrow would come soon enough. M'Alister'advised the accused to settle the matter, as the police would soon be down about it. Accused then said he would settle it, and would go to Tuapeka and draw the money. Witness then went into the house of accused, and saw a note or receipt for money which he had received from the bank, which he endorsed, and the bank paid witness L2O. He returned home on the Ist September. Met Sergeant Morton, and went to accused's house with him The Sergeant asked for a spear which he (the accused) had. He replied he had one once, which consisted of a nail on the end of a stick. He used it for spearing eels. Accused told the Serjeant he had thrown the pitchfork at the mare. He was very sorry for what had happened, j Witness believed the accused said he he could not get his entire, out to water on account of witnesses' mare being about the place Accused also said that after he threw the fork at the mare he followed her, and saw blood flowing from her mouth. Did not believe the fork produced would cause a wound by throwing it. Cross-examined by Mr. Copland.—(Jot the document from accused on the forenoon of Monday ; and the next day went to the bank at Lawrence and, he believed, got the money in the forenoon. It was in the evening of the same day that wihnes3 laid the present information. Leslie's money was in witness' possession before he laid the information. The L2O w;v* in consideration of the damage sustained ;by the loss of the mare. He hud the information because, after taking the money, he had been informed the mare had other wouuds which he had not seen. J<»hn Miller deposed that about one o'clock on Friday, the 29th August, ho saw a mare lying dead near James Leslie's house ; snjns of kicking were on the ground on the spot. Examined the body ; and after turning her over found three wounds on the near side and belly, one was a hole apparently made by an instrument like a knife ; the fork produced would not be likely to produce such a wound. There was another wound similar to the last near the first-rib, and could not have been made by the fork produced, it being too small. These two wounds were about a foot apart. There was another wound. One side of the head had been skinned or cut off with a knife from the ear to the nostril. There was a mark like that of an axe in the forehead. -On Friday last, vritnosa^was

at accused's residence in company with Constable Iliighes. Saw the accused, aud ask^d hini if a fork which he then had was the one the accident happened with. The fork produced was not the one he then had. Accused said no ; and then produced the one now in Court, and said that was the one. Hy the Bench.— When he turned the mare over, there was blood on her side and on the ground. Believed the mare had been killed by the wounds referred to, Blood was also on the ground away from the mare. Jeremiah Kyan, of Havelock, deposed as follows : — Visited the farm of accused on the 29th of last month at 9 o'clock in the evening. Saw a mare lying dead about a quarter of a mile from his place, fc-'aw a stab on the mare's neck under the ear, about 1 £ inches long. Put two of his fingers into the wound the full length of them. The head was skinned from the wound down to the nostrils. Believed at the time the mare belonged to him. On the next Sunday he re-er-amined the mare, and discovered she waa not his. The dead mare was saddle marked, and had a white spot on the side, and his mare was not so marked. Sergeant Morton deposed that on the Ist instant, he went to the house of accused with Mr. Redpath. He asked accused for a spear, which he had been told he had. Accused replied that he had not one, and that it was a pitchfork with which lie killed the mare. That he had a young entire in the stable, and that the mare came after him. He had driven her away with the fork, but did her no harm. Went after a bull and had the fork in his hand, and on his return the mare was again at the place. Threw the foik at her, and it stuck in her side. Accused and his dog ran after the mare, and saw blood running from her mouth. She ran about a quarterof a mile when she fell. He had subsequently p«ud Mr. Redpath £20 for the mare. Accused pointed out a wound on the near side of the mare, which he said he had killed. Mr. lied path skinned and took off part of the flesh from the place where the wound was. Witness probeJ. the wound with a rush. Would have skinned the animal, but it was too much decomposed. From the position in which accused was standing at the time he cast his javelin, the two prongs mu3t have entered the mare's side. Constable Hughes deposed that on Sunday, the 21st August, he was on the farm of accused in company with, the witness Jeremiah Ryan, and saw the body of a dead mare. He saw no wounds on the upper side of her, and turned her over to the other side. l Examined that side also, but found no wounds. Ryan drew witnesses attention to a wound near the ear cufc downwards towards the throat, j about l£ inches in length, evidently j caused by some sharp instrument. The accused said the fork produced was the one the accident happened with. After giving witness the fork, accused gave witness a spear staff, and said it was the only spear he had or ever had. Thomas Redpath, re-called by the Bench, admitted that previous to the accused admitting having killed the mare, he had used some threats to him. Had told him he had better tell the truth, as he might be as cold as the mare before the morning. Also told accused that he had told him" (witness) of the affair at once, the matter could have been settled and the mare put out of sight ; also, that if the police interfered with the matter, he would have to summon accused. Thi3 took place after he confessed he had killed the mare. Promised to return the money if he (witness) found-it was safe to do so. The Bench then decided that a j>rima facie case had been made out, and the accused was therefore committed for trial at the next sitting of the sessions at Lawrence. He was admitted to bail on his own surety of £100, and two others of £50 each.