R.M. COURT.

Wairarapa Daily Times, Volume X, Issue 3230, 14 June 1889, Page 2

R.M. COURT.

MASTBfc.-U!HUESDAY.;; : (Boforo Colonel Roberta, R.MO T. L. Thompson. v. i).:Burling# ; • (Continued.) ■"[■'•■■ J^t: For the defence David, Burling, doposed that ho shot the dog by instructions from.his father. He ' never spoke to Mr.Thompson on that '. day. Had never threatened him. By Mrßtinny: Did not see the gun loaded. His father told him that he was going to give Mr Thompson five minutes notice to remove them, and' failing which witness was to shoot them,. Would swear he had no conversation with his father Mr Thompson or the dogs previonljr to the time, when lie was told to Bhoot the dog. Mr Thompson did not speak to him.. :, reply to Mr Thompson " I'll shoot ' you, let alone the b— — dog," He' was the last person to.saysuch a thing. If previous .witnesses said' that he did thoy swOre' falsely. His defence to the charge..was'that he shot the dogs by his father's instructions. Thompson never shifted until the charge was fired,' then he went towards the yards/ Re-loaded the gun with powder and bullet, intend-. >v, ing if Mr Thompson had not moved'f# off with his dogs to shoot the otherssjf Did not moan to shoot Mr ThompsonsMr Drummond was at the yards when the dog was shot. He heard him shout" Don't.shool the dog," or something to that effect,

Henry Burling, father of accused, said on Mi' Thompson's arriving on the day iu question at witnesses. yards ho gave him notice to clear his dogs out in five minutes, or he would shoot them. Informant replied "Shoot them at your peiMM When tho time expired he told m son David to shoot the dog, which he - did. Mr Thompson 'made'uo effort to take the dog away. .■ ■ ' . By Mr Bunny: Mi"Thompson cauie the day before and wanted to claim some four or live sheep. Inspector Drummond took charge of • the flock.. Witness told Thompson and bis shephbrd v to take his dogs away, and clear them out of tho yards, If he had had a'gun at that timo he should have shot tho dogs ifthey had not taken them out of the yard. Witness loaded the gun himself with shot and bullet. Sent for two men to witness what transpired. Mr Thompson was coming towards the yard when the dog was shot. Was not attempting to take them' away. Drummond shouted out "' don't shoot tho dog." As soon askp the timo was up he gave the order to shoot the dog, and he did so. The gun was-immediately reloaded and he would have shot the remainder oi the dogs if they had not been • moved. The boundaries of son and witness' properties were 8J miles away from each. Reexamined: Had known in- . formant'B dog for threo or four years. It was know;) as a sheep worrier. Believed it was bought for £2. Ordered Mr Thompson on the first day to take his dog out of the yard. No threats had been used by witness' people, ,

To Mr Bunny: Tho dog-was at onetime owned by a shearer, atid it was kept tied up to keep it from, worrying the sheep. Tho fact of the dog being permanently injured he considered the best thing that could have happened Mr Thompson. . Frederick Benge, and another employe of last witness, confirmed the evidence as to the dog doing shot by accused at the order of Henry Burling. \.

Judgment was given this (Friday) morning for plaintiff for £5 aijd costs L4l3s. A second charge of cruelly torturing a dog was dismissed- with costs 21s, and a third chargiof ; attempting to shoot informant wlujgi also dismissed with costs 21s. ■p An information laid by T. V Thompson against Henry Burling forj threatening to shoot a dog, was dismissed with costs 21s.

.- A_ second charge against Burling of conspiracy to torture a do-f was withdrawn. >

■ln tho first case in which judgmoifc was given against David Burling for shooting and maiming a dog, notice of appeal was given'by Mr Board and securities lodged,