Magistrate’s Court.

Waimate Daily Advertiser, Volume IV, Issue 262, 27 September 1902, Page 3

Magistrate’s Court.

Thursday, Skcte.m her 25. (Before Mu J. Keddej.i., S.M.) WATER RACK CASES. The case Waimate County Council v A. J, McLean, claim £8 15s sd, being water maintenance rates for last year, came on for decision. His Worship held that defendant must pay the rates as he had property in a pioperly constituted water race district. He gate judgment for the uuiouu, cl imcd with costs £3 Bt. In same v Henry, charging him with doing wilful injury to the Waih*o Water Pace system through breaking do ah, or causing to be !>rok-n down, a dam across Whitney’,-. ct«ck and thereby cutting oil the supt'ty of water in the race. Mr Hamilton app ared for Lite t'ouncil and Mr Crawford (■) ,maru) for Henry. J tie deFitcu w.ia ti.at. Whitney’s creek and the dam we., a .1 part of the water race svs cm and iletm tanl was therefore don g tn> iiarni to to water races. loe wnuie nay .. a,-. . ccupied in legal atgutm-ni and ute Magi irate reserved his clrci-io't, pen.; mg examination of the A iitue obi age tens on business was ta kin and the (Joan i ose. Friday, Bei'tember 20. Be'ore Mes-us J. Manchester and W. Petit, J’sP. HR SA KING I SUEATOKS. Herbert Brow n, Edward Corry, Martin McDonough, and George Peck all pleaded guilty to charges of breaking various numbers of insulators valued at 2s each. Frederick Beer pi. aded not guilty to a similar charge. Con-table Gough staged that the boy had admitted in the presence of the Moreen schoolmaster tint he broke two insulate.s about a month ago. To Mr Beer : When he went to the school another boy had declared that Fred Beer broke some insulators. Witness ditl not try to intinn ate the children. The boy admitted having broken two insulators Frederick Beer stated that the schoolboys were all frightened at the Constable’s visit. To Constable Gough : He broke one insulator some three months ago. Mr Beer pointed out that there was no dale fixed for the offence, there was an error in the number broken, the only witness was the Constable, who could, any day, get boys to admit offences and incriminate others. In the face of these facts he asked that the case should be dismissed. The charges against two boys Dickson were withdra vn. C. and J. Hay did not appear to answer to a similar charge, Mr Hay appearing for them and pleaded guilty. James Keen pleaded not guilty to a charge of breaking five insulators. He admitted having one over six months’ ago. John O’Hara denied having broken four, but had broken one about a month ago. . J, Milligan, telegraph linesman, stated that he had replaced 425 insulators on that section of the line. Pour days later he found 44 broken. They were altogether, about 85 miles from Morven. Insulati/rs cost 2s 3d each to replace. Mr Beer pointed out that children living near MOl ven would not be likely to go miles to break insulators. Witness admitted that there were no insulators broken the second time between Kennedy’s corner and Duke’s, the line along whichdefondants Beer, O’Hara and Hay went to school. J, W. Gannaway, Inspector of Tele graphs, stated that each insulator cost 2s IJjd to rsplace. He knew of no other way insulators could get broken than by boys. The Beutih retired and on resuming announced that they had decided to line the hoys 10s each, with 2s 3d for each insulator they had broken. They pointed out that the boys were liable to a fine of £5 and stated that the present fine was a light one as it wits the first case of the kind in Waimate. In default of pay. rnont 0 tub would go to gaol for seven days.