MAGISTRATE'S COURT, DARGAVILLE

Wairoa Bell, Volume V, Issue 27, 14 December 1894, Page 5

MAGISTRATE'S COURT, DARGAVILLE

Tuesday. Before R. Bush Esq., S.M, ILLEGALLY IMPOUNDING. Stallworthy v Bradley— This was a charge preferred against the Poundkeeper at Tatarariki; the complaint being that complainant’s horse was illegally impounded insomuch that it was not taken to the nearest pound when found straying. His Worship did not see how he could go on with the case as laid, and said it should not have been remanded to him. Mr N. A. McLeod represented defendant and agreed to. refund the fees paid if case were withdrawn. Withdrawn accordingly IMPERPECT -WEIGHTS AND MEASURES. Sergeant P. Black, Inspector of Weights and Measures, had some thirty or forty cases against storekeepers in different parts of the district, for unstamped and imperfect weights. Wm Moore —Unstamped weights. Pleaded guilty and was fined Is and 17s costs Mr Moore applied for the return of his weights, but His Worship said he had no power to any order for them, as by the Act they were forfeited He would have no objection howeverf in recommending to the Colonial Secretary that all weights and scales that in the opinion of the Inspector were fit should he returned. Mitchelson Bros. —Unstamped weights. Mr McLeod for the defence urged that information was had as each weight should have heen treated as a separate offence. Bench overruled objec tion Mr McLeodfthen objected to it on ground that it included two 1 cwt and one 2cwt weights, whereas the Act did not require the stamping of any weight over 56 pounds. The Bench decided to amend information by striking out the higher weights, and said these would have to he returned as Inspector should not have taken them. The weights were returnee! forthwith. [They were really part and parcel of some weighing machine and in themselves did not weigh much more than a pound each Ed] Patrick Black, inspector of weights and measures for Obuu&tea and Hobson Counties, proved iris appointment, and also the finding of the unstamped weigh, s in defendant's store at Tang-i----teroria. Mr MoL -d ■ sited that case be dismissed as Gazette uoni. boundaries of Inspector’s district had u t been put i , His Worship considered the objection would be fatal The Inspector had endeavoured to secure the Gazet'e in Auckland but had been unable to do so. Case dismissed. The Inspector applied to have all further oases remanded Mr McLeod objected and said that from all he could gather the Gazette could not be produced, and any notice now published would not affect the charges now passed. CASES REMANDED. , W. y Cor kill said he would prefer to have his case heard and he would plead guilty, rather than thatjhe should he put to the trouble of again attending the Court. His Worship said if there were any others of Mr Corkill’s mind they had better all come forwarded together to he dealt with. Messrs W. Corkill, W. Vousden, T. Nield, W. Chadwick, J. Brown, A, Harding, C. Renner, and J. H. Watson all came forward, and were each charged on two counts, namely having unstamped weights and imperfect weighing machines, They were each fined l/'and costs in each case, making a total of 16/ each, except Watson, whose mileage on delivery of summons cost him an extra 4/.

Mr Gr. Meredith. was only charged with having’ unstamped weights and was fined 1/ and 7/ costs. CIVIL I , CASES. TJNDFEKEDED. IV Chadwick v 11. L Tucker, claim £7 3/2. £3 had been received since date of summons, Judgment for £4 3/2 and costs 29/6. IV. Chadwick v y, Boonstra. £3 13/7. Judgment for full amount with costs 11/. Brown Campbell &-= Co. v 7 opia, £l4 11/3. Judgment for plaintiff with costs £2 10/6. Trustees Dinah Clark v D. Rowland, £22 13/3. Judgrnent for full amount and costs £3 9/. P. Lang ton v 11. K. Hovell, £3 3/11. Judgment for full amount and costs 14/. P. Moioughney z- R. Geraker, £3 4/11. Judgment for plaintiff and costs 19/. 7, Asher v ,H. Meurant, £2 17/6. Judgment for amount claimed and costs 14/. I Walters v W W Taylor, £ll 1/7. Judgment for amount claimed and costs £2 0/6. Hobson County Council v A. Bentham, Rates 10/. Judgment for amount and costs 10/. Same v W.G. Cleghorn, £1 15/5 costs 6/ A number of other cases were settled out of Court. Morton v B\aek Adjourned till 22nd January for Messrs Morton ,-nd Copedro’s ev once to be taken in Auckland DEFENDED CASES. y Seymour v C Dalbeth, £1 12/11. Defendant admitted owing £1 5/7, hut disputed balance. Judgment for plaintiff for iull amount and costs 18/. y. StaWworthy v D, G. Stephens, £6 9/9 Mr Beale for plaintiff, Mr McLeod for defendant. Judgment for amount claimed and costs £3 8/3. Assaulted in Public Highway. C. Bowman z/ M. y. Nelson, claim £25 for damages from Mr McLeod for plaintiff and Mr Seale for defence. Dr. Norton’s evidence was taken at last sitting of Court. C. Bowman proved assault to have taken place between six and seven on 10th August on road near Dargaville station. Defendant followed him and complained of article whieh had appeared in The Wairoa Bell. He advised defendant to go to the editor if he had any complaints, Defendant accused witness of writing the article and struck him a blow on the mouth whieh loosened some teeth and cut his lip. Went to the doctor and had it stitched,. Gave defendant no provocation. He was annoyed at an article which appeared having reference to storekeepers working on the relief works for unemployed. Cross-examined—Witness did write an article in reply to a letter whieh appeared over the name of the defendant. His article was strong but it was deserved, and only a fair reply to defendant’s letter. Mr Beale here read witness’s article, but objected to hear anything about defendant’s letter which brought forth the article Mr Barstow, manager of Kaihu Valley Railway. passed both parties on evening of assault and heard defendant make use of strong language such as ‘you’re a d lying scoundrel, take that,’ and saw him strike complainant who gave no provocation but stood with his hands in his pockets. Nelson came to him to know whether he had seen blow struck and he told him that if called as a-witness he would tell the truth. M. J. Nelsori, defendant, told, a story of his own and said that plaintiff pushed hi%i against a fence and he only struck out because he thought plaintiff was going to hit him. He swore Mr Barstow did not see the assault. He did write a letter to The Wairoa Bell ; it was pretty strong, perhaps not so polished as plaintiff’s article, / Judgment for plaintiff for £7 and costs £3 0/6. Judgment Summons. Tierney v ChipHn, £4l 3/9. Adjourned till 22nd January, defendant’s counsel agreeing to pay £3 before then. Charge of Cattle Stealing Aecused committed for Trial. Frederick E ■ Good was charged on the information of Constable Scott with stealing and carrying away one cow the property of Maurice"' Harding, contrary to provisions o’ Criminal Code Act 1893. Mr McLeod appe . -1 for the defc i Maurice Harding deposed—Accuse lives on property adjoining mine. I put a tame milking cow, nearly white, and about five years old out on the run-on 6th instant She was in ordinary condition and about one month from calving Saw cow next morning at Turiwhiri, about one mile from'accused’s house Went again on Bth instant to Turiwhiri and saw someone packing beef. I had Edwin Gubb with me. We went round so as to head them by making a slight detour without being seen. We hailed them up auct I saw it was the defendßit Good and his brother-in-law. I said to them ‘Well, what’s this ?’ Good said he had shot a wild beast ef his own and was packing the beef home ; he said he had shot it on his own place and it had run round his fence and on to a ridge on my land; I told him it was a serious matter and I could not let it rest, so would go up and see the head and hide, He said we could easily find them as they were' right on the track. My man and I searched for about 45 minutes and then found 'place where beast had been dressed. After further search we' found the entrails down the ridge, about two chains from where beast was dressed, and the head a chain further still We also found the calf and hide on the other side of the ridge. The entrails and head were covered up with fern and teatree On seeing the hide I thought beast was mine and after seeing the head I was sure of it The ear was freshly cut off down to tho ear mark Tne head and hide produced are the ones found and identified as "those of my cow I left my man incharge of things found and went myself to inform Constable Scott The j constable and I went in evening and removed the ■ things. They were six miles from my house. On Sunday morning accused came to my house and said he had come to own up that the statement he had made on previous day was false. He said he shot the beast on his sown place thinking it was his, hut afterwards found it was

not and got frightened so tried to hide it. ■ He offered to pay for beast I told him that if he had said this on the previous day I might have accepted it as correct and come to some arrangement, but it was then too late as the police had it in hand. Constable Scott soon afterwards came and arrested prisoner in my presence. I never sold the beast to accused nor gave him permission to shoot it. Cross-examined by Mr McLeod—There is a bullet mark in the neck. The Pastoral Association, of which I am the Seoretary, have offered a reward for convictions of this kind. Am not troubled with dogs at Turiwhiri have only had two sheep worried in ten years there. Am troubled with pigs hut never knew pigs to kill cows. Bought the cow about three years ago from Mr S. Bradley, Searched whole ridge and found no trail of blood ; that is one reason that led me to doubt accused’s statement as to where he shot it. Edwin Gubb corroborated evidence of last witness hut could not identify the beast Constable Scott went on Bth to Turiwhiri with Mr Harding and was shown the position of things. Concluded there had been a deliberate case of cattle stealing.' Witness here described position of things, corroborating evidence already given. The things were all freshly handled, Mr Jowitt, workman for Mr Harding, saw head and hide and at once recognised them as belonging to the cow ‘ Nellie.’ Arrested prisoner at Harding’s on Sunday and oharged him with the offence. He replied that there was no use in telling any more lies about it, and said that in the morning of 6th his father said he heard one of Mr Harding’s hulls and he (accused) went out to shoot one of his own cattle and when within 20 yards of a beast he fired and it ran away. He followed it till it dropped. He skinned and dressed it and then went baek home to where his hrother-iu-law was working and asked him to help in with the beef. He did so. He accidentally cuH the ear off when chopping the head. Mr McLeod urged that it was necessary to prove value and such had not been done. Also that as killing of beast was only in error for 1 one of accused’s own the offence was simply larceny of the carcase and not one of cattle stealing, and he asked His "Worship to reduce charge to one of larceny simply. This the Court declined to do and the accused, who reserved his defence, was committed to taka his trial at Supreme Court on 12th March next. Bail was allowed Accused in £SO and two suraties af £25 each.