RESIDENT MAGISTRATE'S COURT.

Wanganui Chronicle, Volume XXII, Issue 9188, 12 August 1880, Page 2

RESIDENT MAGISTRATE'S COURT.

« Wednesday, 11th August. (Before E. Hardcastlo, Esq , E.M.) CiiiMNEsr ojf Fjbb. — Wm. Powell was charged with having allowecj his chimney to catch fire, he pleaded guilty ; and was fined 5s and costs 7s. Assault. — David Black was oharged on the information, of William Kirr with having assaulted him at Okoia. Mr B^tts for plaintiff, Mr Barnieoat for defendant. A cross-information had been laid by Black against Kirr. William Itirr deposed that he was at Okoia on Saturday last.' Mr Black came to him while working at a hay stack and accused plaintiff of taking away his rnaa. Plaintiff denied that he lead done so, and Black then struck plaintiff with his fist on the chest. They then fought for about 10 minutes. The encounter ended by Black sayiug ho had had enough. Plaiutiff then came to townand took out a summons. — By Mr Barnicoafc: Mr Black was lying on the ground when he said he had had enough, and was pretty well punished. Witness had not seen any of the men who were working in the bush that morning after the figlit, except Mr Sealing. San- Mr Black at his house before the fight and asked if Black was in. When Black struck him he had no ridingwhip. — By 1 the Court: He got over the fence to dei'end himself; Black then rushed at him. — George Beuyd, farmer, residing at Okoia, deposed that he i?as standing on the railway, and saw Black strike Kerr opw the fence. The blow wjs a severe one. Jfprr got over the fence, aud tho men fought, JNo ridingwhip was used,— By Mr BarnicQivt; Was.

standing on the line talking to Joseph Jones. — Joseph Jones gave similar evidence — David Black, for the defence, deposed that on the morning in question he hud oicaßion to pass where Kerr was working, and Kerr called him and said, " I want to speak to you, Black." When ho went over to him, Kerr said, " What is all this you have been saying, about me?" Witness replied that he had never spoken about him at all, and Kerr then said, " It's a b— y lie," and struck him with a ridingwhip, knocked him down, and kicked him brutally.—By Mr Botts : There was no fight at all. Witness never attempted to defend himself, Korr kicked him when he was on the ground, and threatened him. Wi'ness did not rush at Eerr. Kerr jumped the fence and made for witness. — Harriet Black, wife of last witness, deposed that on Saturday morning Kerr called at her house on horseback, and asked for Mr Black. Witness told him he would find him at Shields'. He then went away, sayiug, " I'll have him now." ' Some time after she heard a scream, and her husband came up covered in blood and dirt. — This concluded the evidence, and the information laid against Korr was dismissed. The expenses of one witness (8s) were allowed. David Black was fined 40s, and costs 13s. The Clerk was instructed to request the Inspector of Police to enquire into tho evidence and see whether a charge of perjury could be preferred against Black. Threatening Language. — Theodore Volta was charged with having used threatening language towards Joseph Old, whereby he was in danger of his life. — Jos. Old deposed that defendant had threatened to kill him with a spade. He tried to strike the horse on which witness was riding. He was afraid of his life in consequence of tho threatening language used by defendant. — Geo. Suisted SB-ore that defendant had frequently said to witness that if he could ever catch Old on the quiet he would settle him, as he w as a rogue. — Thomas Andrews deposed to seeing Voltz strike at complainant's horse, and use abusivo language. — Defendant said that the witness Suisted was an enemy of his, and had sworn falsely. — Defendant was bound over to keep the peace for three months, himself in £50, and two sureties in £25 each ; costs 18a, expenses of two witnesses 15s. Another Assault. — Mina Voltz, wife of defendant in the last case, was charged with having used threatening language towards William Shingler. — Complainant said that defendant had struck him three times with^ her fist, and used very bad language. — George Beard and Thomas Andrews deposed that they heard the language and saw the assault.— Theodore Voltz, for the defence, swore that at the time this affair was said to have occurred, he and his wife were coming along with their hands full of domestic articles, and Shingler stopped witness. His (witnesses) wife asked Shingler why he had stepped witness, and he said he would strike her with a spade. She dared him to do so, and pushed him off, but witness did not hear the language complained of used. — The information i was dismissed. And Yet Another. — John Danderson was charged with having struck Jonas Matthews with a tomahawk on on the 7th instant, and also with having said he would knock his brains out with an axe.— Jonas Matthews said that he was standing at his gate when the defendant came along and attacked him with a tomahawk. Witness had a knife in liia hand, but defendant struck him on the arm and knocked it out of his, grasp. Did not know what was the^ cause of the attack. Jlboutninemonths. ago defendant had mado a similar one, and he supposed it was in consequence of that. — By defendant : Was perfectly sober, and never made use of abusive language. The knife produced was his property. — Mrs Danderson deposed that her husband went out into the garden to Matthews, and the child took the axe out to him.— Alice Danderson deposed to seeing Matthews riding over the vegetables in the garden. She told her father, who came out. — Defendant said that when, he went out to remonstvato w;lh Matthews, the latter attacked him with a knife, stabbing him through the wrist, and rendo*. ing him U'ifit for work for a long while. When the child brought him the axe,, he threatened to brain Matthews. Ho knocked Matthews down three times with it. — Defendant was bound over to keep the peace f.r 3 months, himself in £50, and two sureties of £25 each.

Sheep-Stealing. — William Basia was charged with stealing a sheep, the property of William G. Nicholson, valued at 14s.— Charles Edward Enderby, a lad teu years of age, deposed that I oij Saturday last he saw some sheep on Sj, Jqhn's Hill. M)j Ifiphojson took away the mob, leaving three behind. One of thorn, with a broken leg, got down into Floyd's paddock. He recognised the skin produced. The last time )ie he saw the sheep it was lying in Floyd's ?addoi;k ; ho could not get it away. — ane Floyd deposed that on Saturday last the lust witness spoke to her about a sheep which was in her father's paddock, close to the house. It could not Tyalk'. About #n hour afterwards John and Isa-ie Basin came up anc} toolf the sheop into the npxt field. Witness stopped these boys from taking it away. These boys are brothers of the accused. She saw the sheep about 4 o'clook iv the paddock to which the boys had taken it. The accused and his brother Isaac were looking at it. At 6 o'clock the sheep was gone. jSaw the accused nest morning with a barrow with gorse upon it. Onp hoy was wheeling and the other pulling. They went home. — George Fo trier, storokeoper, of Ballstreet, stated that on Sunday last he saw the accused and another smaller boy pulling a sheep out of a water-hole. Witness helped them. Accused said the sheep belonged to a flock going along the road, and had been left behind di.sjabj.ed, Witness said the best thing they could do was to kill it, as its leg wq,s broken. It was about ijQO or 400 yards from Floyd's place. — By Mr JJarnipo»t; The sheep appeared to be half drowned, and could not movo. — Isaac Basin, a Jad eleren years of age, and brother of the accused, sta-ted that on last Friday afternoon he thought he saw a sheep in Floyd's paddock. It had one of its hind legs broken. He saw it go away into a ditch and get bogged. He saw it pulled out of the ditch. His brother was present. He saw it afterwards in a little outhouse by theii? hous(j, It was alive then. — Detective Maurice dpposed to searching the premises of prisoner. He found in an outhouse, about 10 yards from the dwelling-house, one side of mutton, one fore-quarter of mutton, and a leg of mutton. On the fence he found the sheepskin (produced). The mutton had been lately killed. He then arrested accused at Aranioho. The prisoner made no reply when told the charge. When his father was arrosted and they were going to the lock-up, prisoner said, in reply to his father, that he lirst saw the sheop on Friday morning, and that Mr Fowler had told him it would be better to put the animal out of pain.— Constable John Mclvor gave Bjoiilar evidence. — William George JN'icliolsGii deposed tliaf. be sent his brotiiorlo drive 438 sheep from Martbn to Waitoiara on Thursday, the sth inst. All the sheop were braudocl and. eaj>

marked. The skin produced had the same ear-marks as his flock,. The value of the sheepwould.be about 14s. — 3y Mr Barnicoat : It is usual when a sheep, breaks its leg while travelling to pell, it or give it away. It is worth nothing except for meat. — This concluded the caso] for the prosecution. — Mr Barnicoat, for the defence, contended that as prisoner was not 14 years of age, the legal presumption was that he had not intended felony, and that presumption had not been rebutted. — The depositions were then read over, and the prisoner cautioned in tho usual manner. — Emma Bisin, wife of Reuben Basin, depo3ed that accused was her son; He was not quite 13 years of age. — Accused was committed for trial. Receiving Stolen Peopekty. — Eeuben Basin was charged with receiving the sheep, knowing it to have been stolen. The evidence was similar to that given in the former caso. — Prisoner made the following statement : — On Friday night ho and his son came home together, and he was told about the sheep. Ho cautioned the children not to touch tho sheep unless they knew the owner of it, and ho had given it to them. He never heard more of it until Sunday evening, when his wife asked him to come and look at the sheep's back. He went out and found that tho sheep was nearly dead, with the bone of the leg protruding. He asked the children how they dare bring it home, and they said Mr Fowler had told them it would be better to put it out of its misery. They had the barrosv out unknown to him. On Monday morning he told them to take care of tho skin, so that if there was any bother about it, it could be seen that the leg was .broken. He had had a mind to make them take the sheep back at once. — Prisoner was committed for trial.