R.M. COURT.

Wairarapa Daily Times, Volume 5, Issue 1530, 8 November 1883, Page 2

R.M. COURT.

CARTERTON, —WEDNESDAY. Before H, S, Warduil, R.M. George Edwards v Jessio Walker,— Assault in a house of illtfame. The accused was sentenced two months hard labor. Elizabeth Trenery was charged with stealing a watch from George Edwards the prosecutor in the former case, and was committed for trial. Mads Jessen v John Wilder.—Debt £2 7s Gd. Mr Sandilands for plaintiff, Mr Beard for defendant. Plaintiff nonsuited. , 0. F, Zabell v Thomas Dew.—Debt Mr Gray for plaintiff and Mr Sandilands for defendant. Judgment reserved.. , MASTERTON.- THURSDAY. Daniel Toohill was charged by Sergeant McArdle with ■ allowing an unlawful game of dice to be played in the .Royal Hotel. Mr Bunny appeared for ,the defendant who pleaded not guilty.' Sergeant McArdle deposed that he visited the hotel on Monday evening last. .On the billiard table a game was being played. Thence box produced was in the hands of a ffian named Morgan and four shillings lay on the table. To Mr Bunny; Heard the dice thrown as he entered the door. Toohill was not present nor anyone in his employ. Witness did not know to whom the, dice belonged. Did not suspect the premises to be a gaming house.' • • Constable Fleming stated that he accompanied the sergeant and corroborated his evidence. To Mr Bunny: Heard the dice shaken, Mr Bunny submitted that the information must be dismissed as it was evident that Toohill did not'in the terms of the Act "suffer" an unlawful game to be played. He also contended that dice was not an unlawful game. - The Court ruled against Mr Bunny on these points. ■ John W, Leahy, called for the defence, said I saw the police at tho Royal Hotel on the occasion referred! to, We TOO engaged there shaking : for liquors, The landlord m not pre-' 1

sent. O'Connor,' who was shaking with us, went for the drinks. We were shaking with shillings, not with dice. The four shillings on the-table, which the sergeant callared, belonged to O'Connor. Mr Bunny submitted that dice was not an unlawful game unless used in a gaming house or one suspected of being a gaming house. Judgment reserved. William Hawks charged with being drunk and disorderly, pleaded guilty to to the former'charge. Constable Fleming proved that the accused was noisy and used bad language, Fined 10s or 48 hours, J, C. Ingram v P. Cockery, ■ —Breach, of borough by-laws by riding on a footpath, Defendant pleaded not guilty. The charge was proved by the informant and a fine of 5s inflicted. J. Drummond v E. Meredith jun.— Breach of Sheep Act. Mr Bunny for tho informant and Mr Gordon Allen for the defendant. Mr Gordon Allen submitted that the information was defective, that it was too vague for defendant to plead to. Mr Bunny suggested that the Uouri should amend tho information by inserting Riversdale as the name of the station. Mr Bunny stated that tho action was brought against the defendant for not branding his sheop with the letter S. The clean certificate of the defendant was cancelled some time lack. He branded a portion of his flock, but refused to brand the others on the ground that they were separated from the infected sheep, and wore a distinct flock. He would bo prepared to show that the flocks were not separated. The inspector's object was not toenforce a fine but to eradicate scab, J. Drummond, Inspector of sheep, produced a letter from the Chief Inspector, authorising him to take charge of the North Wairarapa District. Mv Gorgon Allen said the letter was not an appointment, but a letter of instructions. Witness deposed that he was an inspector for Wairarapa North. He knew the Riversdale run, It was within his district, In May last Mr Sutton had charge of that district. He could produce the notice given of the infection, Mr Allen objected to the notice, as it did not particularise the flock. Tho Court said the notice was particularly worded, but it would understand it as a notice embracing all the sheep kept on the run, Mi Drummond continued: The notice referred to 17,000 sheep, all that were on the run, On ,the 26th of October he applied to the defendant to brand with the letter S his flock known as Waironga. The Waironga sheep could mix with the TJriti sheep, even if the fence was sheep proof, They could travel along the coast line. Mr Allen asked if witness had a copy of the notice served on defendant. Witness could not produce the notice but could produce the duplicate of it in his notice book. The notice was to clear tho Riversdale run. Witness was permitted to retire to produce his duplicate, but after search stated he could not find it, and evidence of service of notice could not be taken further. Examination continued: The whole run was managed from Riversdale homestead. Waironga sheep have been worked in the Riversdale yards since the cancelling of the clean certificate, Mr Allen pointed out that the Government not having appointed a chief inspector as provided by tho Act tho notice of cancellation was of no effect, as the giving of notices and making returns was his duty. If tho Government chose to do things in this manner it was their own fault, Mr Bunny contested this view. His Worship to witness: Do you know if any chief inspector has been appointed ? Witness: There has not to my knowledge 1 To Mr Allen: Mr Sutton was not Chief Inspector and I am not Chief Inspector, There were separate yards and a house at Waironga, but the house was only occupied by a shepherd. Mr Meredith told him that he held separate certificates for Riversdalo and Waironga runs from Inspector Sutton, Found sheep very badly infected in May on Riversdale side but clean when he inspected the Waironga side, Also inspected the latter recently, and found nothing wrong with them. Had seen no scabby sheep, When scab was found on Riversdale had told Mr Meredith to brand his sheep with tho letter '• S." This had been done on Riversdale. Mr Allen put in official notices of Sheop Tax, in which separate assessments were mado for Waironga and Riversdale, (left sitting.)