MAGISTRATE'S COURT, HAMILTON.

Waikato Argus, Volume V, Issue 368, 8 December 1898, Page 2

MAGISTRATE'S COURT, HAMILTON.

Yesterday, [Before Capt. Jackson, . S.M.] BREACH OF BY-LAWS. A native named Hokura was charged with a breach of the railway by-laws by allowing two horses to trespass on the railway line at Te Rapa on 10th November Mr R. W. Dyer appeared for the defendant, who pleaded guilty. He asked that, as he had lost both his horses, valued at £9, that some leniency should be shown him. He was fined 10s and costs £2 5s 3d. BREACH OF THE IMPOUiSDING ACT. E. J. Rogers was charged on the information of Edward Lavelle with rescuing seven horses while being taken to the pound. Mr L. O'Neill appeared for the informant, and Mr W. F. Buckland for the defendant. Samuel Willis, farmer and storekeeper residing in Hamilton, deposed he was owner of allotments 57 and 57a, Kirikiriroa, defendant leiug the occupier of the adjoining section. There had been a ditch and bank with a furze fence on the boundary, but it had been burnt about two years ago, afier which defendant's horses and cattle frequently trespassed on his land. When he asked defendant to keep them off he refused, and witness then said he would have to impound them. Edward Lavelle, the informant, was manager for him, and he gave Lavelle instructions as to impounding. Cross - examined by Mr Buckland : About 1,8 months ago the land was leased by Lock, who left about Ist October. All this trouble was since that date. Edward Lavelle, manager for last witness, deposed : On 31st October he saw seven horses and two cows belonging to defendant on Willis' land. With young Willis, he drove the .'even horses on to the road to take them to the pound. About two miles on the road Rogers overtook witness, young Willis having returned. Rogers remonstrated with witness for his impounding the horses, but he replied that defeudant had had frequent warnings. Defendant galloped in frout of witness and after the horses, which he drove into a by-road, leading to Mr Crosby's, where he waited till witness came up. Defendant then asked Clarkin, who went along in a dray, to head the horses, which Clarkin did, and then defendant forced the horses past witness with a stockwhip. Witness tried to stop them, but he had no whip and failed. He then came in and reported tho matter to the police. Cross-examined by Mr Buckland : Witness stayed at the by-lane about five or six minutes. The horses had noi; been there three minutes when he got to the lane. He did not speak to defendant at the lane. He tried to stop the horses being 'forced past him. At this time, Clarkin had gone on. He asked Clarkin if he knew the horses were for the pound, and he said no, or he would not have interfered with them. Rogers was not present at this time. Albert Willis, nearly 15 years of age, deposed that on 31st October he went to assist the last witness to bring some horses from his father's place to the pound, They got the horses along the road, and when they had gone about two miles witness turned back and met defendant, who said he was " A lowbred—." Pie did not catch what followed. Ropers rode up to Lavelle and said something and then galloped on after the horses. Lavelle followed more slowly. On his way back to Hamilton he met Rogers driving the horses back. Cross-examined by Mr Buckland: When Rogers caught up to Lavelle, who was in the middle of the road, he turned his horse round. P. Clarkin stated that he met Lavelle and Rogers at the by-road, which the horses went down. Rogers asked witness to drive them back to him on the main road and he did so. The horses went down past Lavelle and Rogers went after them. At this time he did not know the horses were being taken to the pound by Lavelle. Cross-examined by Mr Buckland : When the horses went past Lavelle was on the main road on one side of the byroad, and defendant on the other. He saw the horses go past, Lavelle and Rogers after them, but did npt notice any attempt to stop them. He heard Rogers shouting at the horses, but he saw no whip. He saw nothing at the time to load him to suppose that anything was wrong. This closed the defendant's case: Arthur Wood deposed that on 31st October he was working with Rogers wlien he saw Rogers' horses going over a hill on the road ; he saw nobody with them. The horses had previously strayed to Tamahere. Rogers rode after them. Cross-examined by Mr O'Neill: He was certaiu he saw no one with or after the horses. To the Court: He had had no conversation with the defendant about the evidence he had to give. Edward John Rogers, deposed : On on 31st October, he saw seven of his horses on Hall's hill, about a mile from his place, about 9to 9.15 a.m. He saw nobody with them. After a conversation with the last witness, he went after the horses, as they had been in the habit of straying to Tamahere. He had no idea they were being impounded. When he passed young Willis, he was 20 chains from the horses. No words passed between them. He did not know Willis hud anything to do with the horses. After crossing a gully he overtook Lavelle, who was standiut; on the side of the road, smoking. The horses were then at Chitty's gate, a mile and a-half from Lavelle, Willis was not in sight at this time. He and Lavelle had no conversation He came up with the horses about five chains past Chitty's gate, but it was a mile and a half further on before he headed them going in the direction of Tamahere. When he turned the horses Lavelle was not within three miles of them. \Y hen the horses were at the by-road they ran down to Chitty's gate across the road. He rode after them and met Crosby at his gate, and Crosby drove them back up the road, witness being in front of them. When they got to the main road Lavelle was at the corner. Clarkin then came aloug, and at witness' request helped him with the horses, and witness then took them on home. Clarkin was close to Lavelle when witness drove the horses past. Lavelle did not speak to him, and did not attempt to stop the horses. He had not at this time any suspicion that the horses were being impounded, but thought they were on their way to his old place at Tamahere. He knew the law about the payment of driving fees in taking stock to the pound. Cross-examined by Mr O'Neill : He would swear that he had no conversation with Lavelle when he overtook him, and Lavelle in saying there was was telling a lie. Young Willis was also telling lies about Rogers speaking to him. The Magistrate reserved his decision until 11th January, 1899.