IMPOUNDING ACT.

Wairarapa Age, Volume XXV, Issue 10713, 15 March 1913, Page 6

IMPOUNDING ACT.

CHARGES OF RESCUING

TWO DEFENDANTS FINED

In tlu» Magistrate's Court at Masterton yesterday, before Mi' L. G. lleid, S.M., iMattliow Adams was charged with two broaches of the impounding Act: (1) in allowing cattle to stray; and (2) in rescuing cattle from thy borough pounukc.oper. Mr J. Coradine appeared far tho prosmi-. tion. Tho defendant pleaded not g.uilt\'.

.Georce Morris, borough poundkeeper, stated that on Sunday, March 2nd, he found four cows grazing o" the South Road, with no person in attendance. Ho seized them, and started driving them towards tlu town, when defendant came upon the scene and stated that lie was driving them into hid paddock. Witness stated that lie intended driving them to the pound, unless his driving fees were paid. Defendant tried to re-cue them, and called to liis people to throw the gate opc-n. The gate was opened, but witness succeeded in getting the cows pa.st. He l continued to drive them towards the pourd. When he got them t-o Chapel-street, the defendant succeeded in turning them into Michael street. He then culled out to somebody at 'Spicer'.s and tho gate was opened. A man named Matthews and defendant's son came on the sc-no, and they pushed one cow into Spicer'.s paddock. Witness continued driving tin? three cows that remained. He got them to a paddock at Rixbn's, when the gate was thrown open by defendant's son. Dafonckr.it and Matthews tame upon tlio scene, and a battle-royal ensued. Eventually the defendant ard bis companions succeeded in 'rescuing the cattle. Under cross-examination, witness denied that defendant was in charge of the. cows when they were on South Road. William Morris deposed that bis home bad shied at the defendant's cattle,- and he bad very nearly been thrown -off. There was nobody in charge of the cows. He had frequently seen tlio cows straying. John McKay .gave evidence that, from a distance, he bad Seen .som& person attempting to rescue from the ranger. He did not know to whom the cows belonged. Tt was a common thing for cows to stray on the roads at Ivuripuni. Oscar Olsen and John Rixcn ateo gave evidence. The defendant, on oath, deposed that he started milking his cows at 8.30 on Sunday morning. After milking and breakfast, lie turned the oows on to the road, with the intention of taking them to Benge's paddock, wlicli wa<s about 200 yards away. He was following at the rear of the cows, when the ranger came along and demanded two shillings driving fee. Witness stated that he was in charge of the oows, and could not see why he should pay driving fees. Tho ranger then cracked his whip and turned the cows towards the pound. With tile assistance of Mr Matthews, witness got the coats into a paddock. Under cross-examination, defendant stated that the cows had been only a few minutes on the road when the ranger came --alonp. Witness could not say whv tho other witnesses had not seen him, as he was in charge of the cows.

•Tohn dune. a neighbour of defend-, nnt. deposed that he liad sec-n Adams driving the cows towards a naddock on the date in question, when the ranger came nn-on the scene. Ad-ams was only a short distance from the cows. His. Worship .stated that there was no doubt. from the evidence, fchrvt the cows had heen >strav : ng, and that they had been rescued from the ranger. A oerson who rescued rattle was linMe to a penalty of £SO. Tlie poundkeeoer must he upheld. A fine of 40s. with costs 13s and ontmsel'.s £1 Is. would he imposed or ) the charge of revscui-n"'. On the charge of allowing cnttV to wander, defendant would he convicted and ordered to oav 7s costs. Frederick Charles Matthews pleaded guilty to having assisted Adams in rescuing the cattle, and was fined 20? and 13s casts.