MAGISTRATE'S COURT.

Wairarapa Age, Volume XXXII, Issue 9648, 13 November 1909, Page 5

MAGISTRATE'S COURT.

MASIERTON-FRIDAY,

(Before Mr R. H. Turton, S.M.)

CHARGE OF THEFT.

Herbert Walter Jones was charged that on November 9th, at Clareville he did commit the theft of 10s and a railway ticket, the property of Philip Juno. Sergt. Miller prosecuted and Mr C, A. Pownall appeared for defendant. Sergt. Miller stated that defendant and informant were at the races. The latter had £5 in his pocket, and took some tickets on the totalisator. He had ten shillings in silver left and tnoujht ha alsn had £l, but was uncertain. Informant lay down near the station and went to sleep, when accused was seen by two railway porters going through Juno's pockets. The sergeant then arrested accused and searched his pockets, finding about 12s in silver there. Accusad feigned to be drunk when arrested.

Evidence was given by Philip Juno, Charles Hailwood, Archibald Patton. Mr Pownall said that as a matter of fact, Jones only wanted the totalisator ticket, in which he had a share that he wanted to collect. In addition to that, there was absolutely no identification of the stolen property. Jones, Langley and Juno had all been drinking together, and got a ticket on a horse called Vite, which ran second. Jones tried to get the ticket, hut accused was evidently drunk, and went away towards the railway station. Accused followed and tried to get the ticket. He got one, but not the right one. Evidence was given by accused, Jones, and Alfred Langley. His Worship imposed a sentence of une month's/' imprisonment with hard labo-ir.

At Mr Pownall's request leave of appeal was granted, the security being placed at £lO.

CHARGE OF CRUELTY. John Burness was charged that on November Ist he did ill treat a red heifer by leaving it by the roadside in a helpless condition, and with failing to supply it with proper nourishment.

Mr P L. Hollings prosecuted on behalf of the S.P.C.A., and stated that the information had been laid by the Society's Inspector, The facts were that defendant was driving a mob of cattle to Maryborough on a Monday, when one of the beasts fell down by the side of the road, unable to walk, and was practically starving. The Inspector visited the animal the following Friday and found it in a terrible condition, its tongue was hanging out of its m»uth, the head was all fly blown, and it was practically dying of starvation—in fact it was practically alive with maggots. Tho Society did not desire to press for a heavy penalty, but defendant or hia employers ought certainly to have sent out and had the beast attended to instead of allowing it to remain there from Monday till Friday.

Accused stated when the beast fell he had put it on its feet and tried to get it away; but a stump prevented him. tie then turned it round and endeavoured to get it away another way. He got it a certain distance, when it fell into a hole. After some trouble he got it out and left it where there was plenty of grass, and where he thought it would be all right.

His Worship state:! it was a class of offence with whsch he had no sympathy at all. It was decidedly cruel and accused would be fined JE4 and coats. INSULTING LANGUAGE.

Charles Gurote was charged with using insulting language towards Eh Smith, with intent to provoke a breach of the peace, on October 28th.

Sergeant Miller stated accused was driving about Queen street on the day in question without a license, Mr Smith, who ii a Justice Of the Peace was attending to his own business, but accused thought he was watching him, and commence! to ab :se him in the hearing of people i-i the street.

Eli Smith gave evidence as to the language used by accuse!. Constable Brown deposed to having been on duty on the day in question, and having heard accused talking in a loud and excited manner. asking accused what was the matter the latter said that Eli Smith, who is a Justice of the Peace, was squinting round. He also called him names. Mr R. K. Jackson appeared for accused, and cross questioned witness at to show that accused was a foreigner, and did not speak English distinctly, and that the words which he was charged with having used might have been mistaken. Counsel submitted that there was no •intent to provoke a breach of the peace.

After hearing the evidence His Worship convicted defendant and imposed a fine of £3 and costs. He waß allowed till Wednesday morning to pay the fine. Accused was further charged by the Borough Inspector with permitting his -vehicle to ply for hire within the Borough of Masterton without a licecse. His Worship dismissed the case on the ground that the evi ienoe showed accused had plied fir hira on the racecourse; it did not show that he hai plied for hire within the Borough.