R.M. COURT.

Wairarapa Daily Times, Volume VIII, Issue 2221, 16 February 1886, Page 2

R.M. COURT.

MASTETtToI-MONDAY,

BeforeH. A, Stratforp, Esq,, R.M

Peter H, Hickaon y William Grifljn,

Mf Beard for defendant, Plaintiff deposed that on the 2nd February dufendiint had called him ad— vagabond and a villain and had threatened to pull him out of his cart, He was in bodily fear of defendant doing him some harm'. and he prayed that he might be bound to find Buretioß to koep the pcaco towards him,

"Witness was cross-examined by Mr Beard. The franje about which the dispute to dpfenjarit. ffp (witness)hadhad it for twelve months, anddofendant had not asked him for it back. He lifted the whip to defondant, but did not hit him.

Walter Kulling w»b called in support of the prosecution, but on being sworn said he did not know anything of the natter, (The prosecutor said he called tho witness to speak as to tho character of defendant.) The prosecutor had no questions to ask him, .and the witness was therefore ordered'to stand down.

Defendant, on oath, said that he had riot used the words, What he jsaid was that ijiokwn ..ma v]ovy felioW to teie? kts Iwafe ft* eigW <* mite

months,.when he had only lent it him for a day. Plaintiff asked for a remand, • His Worship: What for? Do you want to call more witnesses ? '• Plaintiff • JNo, Jwaut a demand to enable mo to get a lawyer. His Worship declined to grant the request as there wero'np other witnesses, and tha case was dismissed. Several debt cases .were called on and adjourned, the summonses not. having been served, and others wore Bottled out of, Court. ......

At 2 p.m. the case Drummond (Rabbit Inspector) v. Rev. J. 0. Andrew, ot lea, was called on,

The defendant, to save the time of tho Court, admitted due service of notice to destroy, and of the summons, and thanked the prosecution and the Bench for their courtesy in granting a postponement of tho case from 10 a.m. till after the arrival of the early train from Wellington. He pleaded not guilty. Tho Inspeotor, Mr John Drummond, was sworn, and deposed that rabbits were numerous in places on the lea property, and that Mr Andrew had done nothing whatever to abate the nuisance, and in his opinion was guilty. Mr Andrew rose to cross-oxamino tho prosecutor, and commenced by asking Mr Drummond how old ho was.

The Court interposed, and said he did not see the bearing of the question on tho defence, and could not allow it to be put. Mr Andrew replied that it was possible that ho might show that the opinion of the Inspector was founded in ignorance, inexperience,' prejudice, or perhaps was not his own opinion at all, but that ho was merely an instrument in the hands of others, without a real opinion of his own. Ho thought that he (Mr Andrew) had a right to show that though the opinion of tho Inspector might be conclusive as to a maximum fine, if ho could show that it had no real foundation, it would not justify the higher penalty which it was within the power of tho R.M. to inflict. Along discussion ensued between the counsel for the prosecution and jho Bench, in which Mr. no. part. Thewaultwa&,that'theMagistrate expressed h,js, determination, as it was a M of once, to into a minimum penalty. Mr Andrew argued that if allowed to cross-examlno the prosecutor at his discretion, ho might bring faots to his memory which would induce him to alter his opinion, which was evidently resting on misconception, and lead to an gqqu^tai. The Bench ruled requested to a note,' of 'tho defendant's. p,ont'enljio'nV case' of an appeal, which he promised to ' ijot being allowed'to croßs-exam|n.Q tho prosecution, Mr Andrew, proceeded with his defence, but p.us 'shprt'by the JVs«.i %>J# ft W unnecessary-t,o proceed, as his mind was made up apd, tho case already decided.

Jlr Andrew pied the 94th section of the Acf, throwing the burden of proof on the defendant, and requested in simple justice to be Bworii and his statement bard,

Till) Court iiiiid the 94th sootion was a farco, Ho Fhould not waste time by allowing tho defendant to be sworn, and gavo judgment for £1 and costs. Mr Andrew formally requested His Worship to take a note of his claim to, \[>, heard in his own defence, and the, refusal; to allow him to be. K,sfwii, '•"•"•' His .Worship declined t'o do su, and tho. case was tuii's'endc'd for. the prosecution,,