R.M. COURT.

Wairarapa Daily Times, Volume 4, Issue 1260, 21 December 1882, Page 2

R.M. COURT.

■FEATHERSTON-MONDAY;

(BeforeH.S. Warder 8.M.) William ButViv gon'ry' Busphi.'-pebt £6 1b 6d, Judgme'nt' fur ,amdu6t bbd costs, '>;:,,,,;■;■ \ : .\'i--

Constable Smith t Kawana.T-r-Disorderly conduct on race •course. Defendant pleaded guilty, and <»as- fined 20s or 7 «layi. :< : .-'i.i.' ■■•!!!.■• ■■. .-•: " Same v Hawea.-This was another case of the Game description, Defendant pleaded guilty, and was fined 20s or 7 days, .';.;■'

GREYTOWN-TUESDAY. (Before H. S. : Wardell, R.M., and J, P. Russell, J. P.). ...,.,.;.

George Jones wa6 charged with having assaulted Mrs Braggins by" throwing her out.of his house on the'9th December. Mr Gray appeared ,'fo'r. defendant, and pleaded not guiliy. The oase occupied the Court for a considerable time and resulted in the information being dismissed, » •-,•

(Before F.H, Wood and S.' Revans, J.P's) H. T. Spratt y E. H. Buckeridgo.-Re-hearing of claim £l6 15s* Arrangemeati having been oomu to between the parties, the caie was withdrawn. -.

. CARTERTON-WEDNESDAY, (Before H. S. Wambli, R.M., and Bur- ' ionßois.J.P.) ;•'■-.,

Constance M. Spargo v John.Spargo.— Sureties of the peace, Mr Gray for complainant, Mr Sandilands for defendant, Dismissed,." •'■ : .'.M">. s\J.'J. Freeth vßichard'Olimb.—Broach Destitute PersonVrAot, 1887, by 'failing to obey an order of thVCourt lo'cqntribiite towafdr'the'6iipjJoii'of his/.wifo and' family,,.:Adjourned,tahMt!, sitting. J: •'-' Charles Morgan v George Dew,'—Judgment summons £4.9a10d.v, ; -! Defendant ordered, tu pay l<ka.week:or,l4 daysiih-. pridontnent./• i'jy.i Tij.n.v-..;:..;,-. ;•■.!; Henry Wilson ' v Thomasi-=Morrik—; Damages: 9s' 3d,' v :Mr i Satidilanjiii * for plaintiff.; Jridgment'for plaintiff,- : Iri'tnis : case the evidence.was very Unsatisfactory.! The Resident Magistrate pbmuietited very strongly upon the coutrtdiblory evidence, and said he almost feMt hisWty-Mdei-a proßflcutjoafor perjuryv.; * ; M r - •' There were a larßfl.nu'mb;er,bt l'aie'casessettled

.. ■■ '\ : ;'; ; V«Ji/.'.;.7fcrr*itfAJ ■■-'.' ; }:}'• MAfiTEßTO'i#|rkdßSliiAYW f i "'"' (Before|!flvSr - - ■'■ , Walter •iMpnttnUplieWJinlGduft this morning on the remanded charge of-stealing 'a : bprße,:*Mr r jM Mr;Bu6k!ey W Mr'Beard said the-cas3 had/been remanded bnVtwo previous occasions and he should have to ask for a third as the horse had not arrived, though a telegram from : the Inipeotor of

been shipped '-Mr Biickley said ilcipaajttipatj unu bu al •$o Lraiit ,'aireiuaiidi unieaa'aoniotKing was pro-. dieted' in £ evi<len£r-.ttf T fe° .teleß* a«i. from the luspcctor of pplioo that a bay horso had been shippod 'was insufficient. The information was of the" vaguest.character, and sworn to Still on tliis vague'charge his olienthad been' arrested and degraded 'or three separate occasions, It was a persecution rather than a prosecution.',' As he was- stepping into the train yesterday he received a,,telegram, stating that tho horse had not arrived, 'Mr Morrison had also received a communication/ from the solicitor for the polioo,: asking-him'; to calljand sse him, One ground on whioh lion wore afraid that, if evidence were taken' their witnesses nnghtbe tampered; wjthi / If their witueasea wero of suoh a character it said little for their case He hoped that the case would be fully investigated?that,day or; that the Court would'dismiss.tme'information, I '"!'•;':;: :.•■.•:)'V ;"('"••''.'' Mr Beard replied that he'informed Mr Buokley as a matter of courtesy of the fact of the, horao not being iorthwmiug. The memorandum Bent byhim.to MrMorrison had reference to another.case' in,which;ho was interested, and had no reference to the present, charge!;; Furthermore, iie,did not apply for a remand on the ground'that wituesses were likely to be tampered with,..' _:.' Mr Buokley: Do you, mean to say you.dif not make that statement ? ''..

Mr Beard: 1 do; I had no fearof my; witnesses, but simply alluded tp. a general principle. The rremandj absolutely necessary, as' there was no brand'on 1 the horseoi'. mark whioh would enable it to.be] adequately identified, The police had 'done, all in their power, but Tautanga.was aplaoe at which steamers only called occasionally.; . The Court regretted there should bo adit: Terence between counsellors to. as their recollection of the previous remand. Probably the matter of tampering with witnesses was used as an argument, though not made a ground for the application. It was dearly of the; opinion that the case should not be remanded uuless some evidence was forthcoming to connect the acoused with the charge brought against him.,. On the first occasion the remand was granted with tlio consent of tho accused..

P. Cookery was then sworn and deposed I am a liverv stable keeper residiug at Mastorton; About twelve months a«o John Hill of Wellington left with me a dark Bay horse, .with asmall white star ou forehead, and a out on one of its fore knees, I put it into a paddock near the Ruamahanga, and subsequently missed it, About two months later I advertised for it. Some months later I was told by a friend that the horse was not lost, and I gave information to tho police. '" ; ..'.',-'' .-' Mr Bitckloy-You told the polioe because Mr Hill threatened tu prosecute you for stealing thp horse. ' Cookery—Nothing of the sort.. Mr Buckloy—Did lie send you a telegram. Cookery—Yea to put the mattorinto the hands of tho police 1 Mr Kuckley— Or you into the hands of the police. Cookery—No, Mr Buckley—You can change a horse easily now and again, oau't you ? Cookery—Yes.. Mr Buckley—Can you rosd ? Cookery—No ' : Mr Buckley—W ho advertise! tho horse in the paper? Cookery—Neil, I beiiove.

Mr B lcltley—Who gave you the description of the horse whioh you have just given ? Coekery-Hill did. Mr Buckley—Have you had aiiy communication from Neil since he left'?

Cookery—Not a word, Ho is at the Hot Springs. Mr Buckley—Have you been making any bets on this caso ?

Cookery—You never knew me make a bet.

Mr Buckley—You have not but fifty to me fiat Morison would get convicted ? ' Cookery J nuvor opened my mouth about Buohatking.; Mr Beard—ls the description of the horco in the paper as.far as it goes a correct one ? Cookery—Yes. Constable Leahy deposed that-, about M»roh last he was on : duty at the Queen's. Wharf, Wellington, and saw soma horses shipped there by Mr Andrew Ycuag. Oiib was a bay horse with black points. He subsequently arrested- Morison end cautioned him that any statement he might, mako'-would be used in evidence against himY-Morison.thensaid-

Mr Buckley—l object. What the Constable, said was, a threat, and after it the evidence of what;'ho said/ismot.M.lawj adniiußiible. ■ • ' • ; ■«•'"-■. l '■'■- '. : ».'i.\

Tho Court disallowed the objeotioo, '.. Witness continued—Morison asked me what the horse w.13 like, and I described it, tie then said he had sold a horse of that description to Andrew, Young. Ho had ofad it previously tO;tiiojTrtowfty, Cora-; pany but they would 'uofcbuy itJHe%said that lie had docked its tail as he thought it would make a nice cob. ' : ';.

Mr Buckley:' De you take special notice of ail horses you see shipped at the Wellington wharf! -' ' '

• Witness: No; butl helpel Mr Young on one occasion to ship-the bay horse I refer to, as it was rather restive. . . .

Mr Buckley:, Three descriptions sve'given of the horse. 1, The advertisement says a bay horse with star on-.forehead.' 2. Cookery gives it as a dark bay Jiorsa with a white, atar on forehead, 3. Tae information 6ays a bay horse only. Which is correct? Witness: The advertisement is correct. . Mr- Beard submitted that tho case had gone far enough to justify a remand. It was clear that the defendant had the horse in his possession, and tho onus of shewiug how ho came by it rested on him. , ■ : Mr Buckley said it was childish toask for a remand, Nothing had been brought forward to connect the .accused with -either description, He asked for the case \to be dismissed, When the horse came down they Would probably' find that a mistake had been matlfl by the informant, If not, the accused could 1 easily boTe-arrested." Tho Court doprecated criminal proceedings' boin'g, taken against a man, ami followed by an arrest until evidence was at ouce forthcoming ' He thought that on the present occasion just as much was brought forward as would justify him in granting a further remand, No objeot could be;gained by dismissing the present information and allowing' a fresh ono to be laid" more especially as the accused was provided with bail. '.

', Mr Biiqkloy arid he could show: the Court a receipt whioli Morison held showing that ;hc had bought and paid for a bay hqrse.-'i-' Tho Court intimated that the. prpduqtiqnof the receipt at. that stage of the ease was undesirable, and remanded the case'till Friday, the3oth inst, •'■' ■■

(Before W. Lowes, <JjP.j , : .. W.iMorisony Trass. mation under* the 17th aectiou^'of/tho Im-" pounding Ordinance, calling upon .defendant to show cause why certain horseijbelonging t6;plaintfff had been inip't)undp'd^Mi;'Be»rd v appealed for plaintiff; ■•; ;; . . MrTraßs'said abouti threeweeks agoie got up about sunriße;arid foundjfome horses on his property near ttjo houae.,■, He had repeatedly turned the' horses off His 'land, but as they had broken his fences he impounded them,; ,• ,V '' : "'.'.- :; ' : .' >; By-Mr Beard: There were about 15 hones. He'did not put any fees on them orgivoany, information to the poundkeeper.' Wasleasinj the land from Mr ~Garman;;»djoining )&};, Morison'B,iwho. had offered him a' right of road through his property, Morison with-, drew hiß,offer,"Bo up.the roadway. Fixed the' fenqe',up faftcr impounding the horses.) ' ■■*. "' -* 1 * y^-i - i '- s - * v : i - : ' ■♦:/.'v.."

,'; Mrs Ti'ass corrpboratedp her ,hupband s, statement. Mr Bearcf pointed 'oiif'that as the'irightiof granted by %t Mopon ■jtjO defendant for his absolute benefit hi ougHt' 'o'h'al'e seen fastened, and to have kept', the b'oHes from getlirig'on his'pf opertyV' r :""" ~: •:;:;;. ;■">• Morison said ;horses on the ,mornipg.!,in, question,' te' searched v oyer, pT'operty'and * trh'cked :them---upthe"\rivto9'd ! Md^£(luß , i-tfl«t:tHe: defendant had taken them: about ; five miles round instead of coming direct to the pound;. He was c[uite sure some of ithftitomr-had' neverbtenviaVd^

horses:.were; driven past Mr McKfinrief " -'; place about 6 o'clock in the morning. ;Whiir ' i: | he, came back from the pound the fence was ' ! nearly fastened•: up. Wasquite surei the ■ horses didnot get in by the river, bed. ■ John -Maxwell corroborated '-.plaintiff's- : evidence, : ;. : -:;; ; >;..■'> v; Cross-examined by Trass: Could swear - there were no tracks at the tower gateway. "r-By Mr Beard s. When I went to the lower "•;*"• gateway at .the river-bed the four rails wenr up. '^'-■. ; %;--. ; ''■■■:--A [ • ?• 'By Hia Worship: Could see tracks of bothv~~4. shod and unshodinorses. ; • ■ • .His Worship gavel judgment against Mr ' } Morison on the ground that the agreement / having been cancelled the partiea were in/the ■ same position'as before itexisted, and itlwai as^ much Morrison's duty to see ttotjjy,..... fencewas "secure asit'was •- PSMV;