RESIDENT MAGISTRATE'S COURT, NGARUAWAHIA. 9th June, 1873. (Before W. N. Searancke, Esq., R.M.)

Waikato Times, Volume III, Issue 170, 10 June 1873, Page 2

RESIDENT MAGISTRATE'S COURT, NGARUAWAHIA. 9th June, 1873. (Before W. N. Searancke, Esq., R.M.)

Alexander Muir, jun., appeared in compliance with a summons issued on the information of Constable Muthcson, " Tlmt he did on the 17th May assault informant, and rescue certain cattle seized by him in virtue of a warrant from the Resident Magistrates' Court." Mr Andrew Be\cridgo appeared for the defendant, who pleaded not guilty. G. S. Matheaon, being sworn, deposed : I am a constable stationed in NgaruaNvabia. On the 16th May last I proceeded to Robert Muirs place. I did not find Robert Muir at home. I went inside the house and told his wife and family that I had come to execute a distress warrant. Alexander Muir, sen., laid claim to everything in the house. I told him I should take possession of what I could find, and that he could art in the matter afterwards. I took an inventory of the effects, and found there was not sufficient to cover claim and coita. I left constable Hall in the house, while I went into the paddock and rouudod up some cattle and took possession. I put them into tho stock-yard. Alexander Muir, sen., said lie did not like to see his cattle knocked about. I said if lie paid the claim I would let them alone. He claimcl the cattle as his. He said he had no money, but if I waited for an hour or *o his son would arrive from Rnnstiriri and pay the money. I waited until his son arrived ; lie &aid the ji'mii who issued tho warrant was on ass. Ho dofied me to take the cattle out of the paddock. I then rounded them up and drove them towards tho slip punql. A Muir, sen., was standing at tho slip panel, and A. Mail 1 , jun., wbi sitting on tho top rail. I asked them to get out of the way. Thoy refused to do to. I then pulled the top rail down. Alexander Muir, jun., seized hold of a ti-treo I stick und threatened' to hit me. I seized hold of him and stopped him. He still defied me to take the cattle. I left the cattle andvcantu ton^fgaruawahia for instructions. By Mr Bevo^dge,: I believe -they wore E. Muirs wife und family I i'ound in tho liouse. I took possession of 8 head of cattle. In the first, instanco I roundod all up. I had the 8 rounded up separately. Alexander Muir, jun., was sitting on tho rail when I pulled it down. He refused to get olf. He said the cattle were his and his father's. Ho asked me to give him a receipt. He did not say ho would lot them go. T refused to givo a receipt. I had not a loaded whip over his head when I pulled tho mil from under him. When he raised the stick I got hold of him by the throat with the left hand. I was told to look at the brand ; some wero branded A.M. I swear that there were more than one out of the 8 not branded, but I could not say how many. A. Muir, sen., said there was a cow and calf not his property. By tho Court : When the son c»mo from Rungiriri bo claimed the cattle as his and his father's. Ho said .Robert Muir did not 6tvh any.

Alexander Hall, Constable A.C., deposed : On 16th May I accompanied last witness. Alexander Muir, sen., assisted to bring up the cattle ; ho claimed them all. Some were not branded with A.M. Constable Matheson received an. agreement from Alem ider Muir, sen. By Mr Bjvcrulge : Defendant did ask for a receipt. I will swear Matbeson did not hold the whip over Muir'i head. I don't believe he had the whip in his hand. Mr Beveridge submitted to the Bench that the case for the prosecution was an utter failure. He would ' explain why his client had not appeared on the last day. The summons was sorved at the defendant's house during his absence ; he did not receive it tdl after the day of hearing. He thought that constables should be careful to see that a summons has reached before issuing a warrant of arrest. He maintained that there was not a shadow of a case before the Court. The defendant was charged with resisting an officer in the execution of his duty. There was nothing before this Court to show that the warraut alluded to had ever been in existence. The constables were informed by the father that the cattle were his property, and that not a single head belonged to his son. They were all branded with the" father's initials. He thought, even allowing that resistance was ottered, that under the circumstances it was j istifiablc To put the case another way. If the warrant had been issued again t the person and the officer attempted to arrest the wrong mun, that man would be justified in knocking him down. He considered there was no case against his client. Alexander Muir, sworn : On the 16th May I told the bailiff that there were some stragglers. All the others were branded AM. Every one belongs to me. My son Robert had nothing on the ground except his wife, aud he to!cl the biiilifl' to take to her. By the Constable : I did not giro a guarantee) to pay. Mr Scarknckc said it was to ascertain who was the owner of the cattle ; rather a difficult thing. He did not blame the constable. Case dismissed.