THE LATE CASE OF GOAT TRESPASS.

West Coast Times, Issue 206, 17 May 1866, Page 2

THE LATE CASE OF GOAT TRESPASS.

TO THE EDITOB OF THE WEST COAST TIMEB. Sin,—On tho 30th of last month I receivod a summons in an action to recover damages to tho amount of £60, for allegod trespass and damage done by goats bolonging to mo, in what tho plaintiffs, Messrs, Cooko and Hoarn, facetiously donominato a garden Bituato on tho north bank of the Hokitika Rivor, two miles from town, and in tho contro of tho Cattlo Resorvo as it appears on tho prosont map. Being outircly ignorant of all matters connected with law or tho legal profession, and rolyiug upon tho justice of my caso, I did not ongago tho sorvices of any professional man to oonduct my caso. Through my ignorance of tho forms nccossary to ho. gone through, I had only ono witness' in Court on the dny on whioh the case was heard (May 8), viz., tho boy who had boon engaged in hording tho goats, I statod that I had many witnesses if I was allowed timo to bring them up. The case was not dooided on that day in conscquonco of Mr FitzGorald finding ifc necessary to aeo Mr Sale concerning the tenure of whick the aforesaid garden was hold. On the next; day I had witnossos in Court who could havo disproved tho whole oharge, but I was not allowod to bring thorn forward, aB tho magistrato said that tho caso had boon proved tho day boforo, and all that remained for him to do was to give judgmont, whioh ho did to my cost, as tho decision was that I should pay tho full amount of £50 damagos, and £12 13s coats. Tho goats wero seized by the bailiff or his man, and tho exponsos at tho yard cost mo £2 15s moro. I bog to call your altontion to somo of tho ovidonco I was propared to bring forward. Mr. Buck, who took up and oloared the ground in tho first placo, and was in tho so-called garden fivo weeks since, says that at that time all tho vogotabloa.and fruit trees put togothor woro not worth L 7. Tho bush fence, if such it could bo callod; was half, or at loasfc a very fair proportion of ifc, lying level with tho ground, bo as to allow tho froe ingress or egross of oithor sheop or cattlo, and this, be it romomborod, is Bituato in tho heart of tho Catfclo Itoaorve. Mr Marshall, gardenor, was in tho garden ten days previous to the alleged trespass of tho goats, and is roady to swear that at that timo tho whole oi tho produce in ifc was not worth L 5, and that the fonce, if suoh ifc could bo called, was brokon down in vory many placos, and was of no use whatovor in keeping out oitlior goats, shoop, or cattlo. Mr M'Arthur called at tho plaintiff's garden a fow hours previous to tho alleged trespass, for tho purpose of purchasing half-a-crown's worth of cabbagos, and was informed by Hoaruo (ono of tho plaintiffs) that ho doubted if ho could find bo many cabbages m consequence of tho sheep, a mob of which woro ponnod up in tho gardon, having broken out, and eaton tho vogotablos. Mr Taminilli, dairyman, was passing tho garden a wook before tho alloged trespass, and saw twonty or thirty shoop in tho gardon eating tho cabbagosj and tho pieco of hedgo was in a bad condition, and not at all calculated to keep out either Bheop or goats. Cooke, on another occasion, complainod to him that his cows had boen in his gardon. Mr Goulding, gardonor, hearing that tho garden in question was for salo, visited tho placo, with tho intention of purchasing (if it suitod him), but declined to do so, as thoro was no proper fouco; and tho whole of the produco m tho garden was not worth L 6. This was on tho Ist of April. Mr Goulding, on speaking to Mr Cooko, somowhore about tho 2-llh of April, about tho disgraceful condition of tho gardon, was answorea that in tho first placo, nothing could bo dono until a fence was put up, and that the shoop and tho caterpillar had dostroyod ovoryfching $ aud that he was dishoartonod in consequence Cooko likowiso informed Mr Goulding, that if ho would not soil tho gardon, ho should summons the man with tho goats, and mako something out if ifc. All those, and moro witnesses who aye I may Bay porfoot strangers to me, are ready to swonr to this in any Court of Justice. Althougkno lawyer I beg to call your attention, Miv Editor, to tho existenco of a cortain Ordinance, intituled tho " O»ntorbury Cattle Trespass Ordinanco," in whioh ifc is distinctly stated that tho highest lino that can bo onforcod, without tho existenco of a sufficient fence, is at tho rate of Is por goat. Whon first I arrived on tho Cattle Roaerve I had only 160 goats, and that numbor has beon sinco constantly diminishing. Had everj goat that I possessod taken their full swing in tho gardon, tho utmost damages that could bo legally awarddd in tho case would amount to only L 25, less than ono-third of the sum whioh I havo had to pay for damago whioh has novor boon dono. I am, &0., JAMK3 Fbbouson. Wo tho undersigned, horoby testify to the truth of the statements which aro attributed to vi in fcho above lettor. John Biroh. James Marshall. John WArthtte. Ruffinb Taminblm. A. Goulding.

A man namod Road, aged eighty-four, diod on Ohvistmas-day, whilst in tho act of taking tho saoramont in GKdling Church.