RESIDENT MAGISTRATE'S COURT, HAMILTON TUESDAY. (Before W. N.-Searanke Esq., R.M.

Waikato Times, Volume VIII, Issue 457, 22 April 1875, Page 2

RESIDENT MAGI STRATE'S COURT, HAMILTON TUESDAY.

(Before W. N.-Searanke Esq., R.M.

■ TfIAS V. 1 MILLIONS. I 1I 1 . IK defendant was charged with unlawfully Rescuing , five liond of uiictln aftor being lawfully seized for the purpoH&Sofhoing impounded, under the provi rtiott'H of fcho imponndtugAot l8(>7, by the informant tfainupl 'tWi, oonfcmry toMootion 21) of tho Impounding Ant 1807. Mr KA. Wlikiiker for tho Informant and Mr Muddou unit Mi 1 W. Hay tor defendant. V\\(s d fmtduub ploudod nob Kiiilty'. Mr fTay mid tho proocvHltiiifH ou^lit to liitvnljMou takim in tho Hhapo of complaint, and not by Jnforinittion, Tho objection wiia ovdi't'iiloil, Mr Whititkor naid that Iho'onttlo hid liomi ffutjiiMiitly found on tho inforiniiui'H lund ; l»li«liif'm l iniiiibh«d mnl fcimo ,iftm* tinrn roMpoobiiig iho kfl*MpHß«*ing of tho t><ittlti on th<» land. fcUmuol Toaw Hworn : lain ti I'timiM 1 wwidintf at Kirikirinwi, I know tho (l«ftm<Unt Miillioi-m **><! .ilso the calfcio belonging to him, On fclm firafc of April I siiw.fi vo howl of etttolo on my Lutd belonging to Mr MuliioiiH and bin nov. Mr Hay objfofcwd to this coui'so of examination, fgxfimiriiititm «on* tiuued :— I «out word to Mulliuiw by t my *on Charles, about the enUio. My mm, on lib r«* turn, told mb it was too Into that night far Mullioufl to take away the cattle. Mull ions did not wttw next morning, so I let tho cattle rotnain until noon [ next day.' I took the cattle to bring fcliuiri to tb" pound. I met the defendant when on my Way, lit his farm. I first saw Mrs Mullions, and who told J my son to let the cattle be. Afterwards ho wa» nof ablo to manage the cattle. I then drove them to the temporary bridge. Mr Mullions ordered mo to come out of that and let the cattle be. Ho bad a stick in his hand. I said I was taking the cattle to pound. He said he would not let me go across that bridge, He said he would not } let me take them back to the road the way |jhey came. Seeing that I could not take the away, I let them be. I told him that the land beldnged to his son, and that it was a p\ft>lio road". He said no, and that the road would be sßpav)ed)from that day. He said if I were a man I womd liaj-e^taken the cattle to-the farm, and h-ive made complaints respecting them He ordered me to leave the place jQ.r>he would kick me. I was told that the roacl was opened to the public. It was, and had been used as a public road. The bridge was used during the time the contractor was greeting a new one ou the Government highway. - 1 left the cattle aud came to lay this information. Cross-examined by Mr Madden. The land has bsen used as a thoroughfare. I was never warned off the land in March. Mr Mullions, junr., did not order me off because my dog had been worrying his cattle. I am not sure whose cattle they were. lamnotsuretheybelongedtotheMullions. Mr Mullions said on the Ist of April, that the cattle did not belong to him ; but to his son. He ordered me off, and to leave the cattle free. I am not aware that the road was given to Mr Reid, the contrator, during the time the other road was being repaired. On the last Court day, I stated that Mr Mullions had given me permission to go over the road. I asked Mr Mullions, junr., if it was a public road. He said, yes ; I will give you permission to use it ; and if he swears he did not, he will swear falsely. Tho thoroughfare, or path, was not fenced off. A fence was across the main road ; and I thought, the road was a public one. Previous to this happening, I was told that he would not let tb? public pass. I was driving the cattle to the pound. Samuel Teas, junr, b< ing sworn, Raid :— I am a son of the informant, and reside at Hamilton East. I know Mr Mullions, and the cattle belonging to him. I have seen the cattle before the Ist of April. There were five head. I went, on behalf of my father, to speak about the ca-ttle. I saw young Charlie, and told him to tell Mr Mullions to take the cattle away. My father and I took thun to the pound. On our way, we were stopped bv Mrs Mul'ions, who said, leave the cattle alone. Mr Mullions ran up, he had a large stick in his hand, and looked very ferocious. He said leave mv cattle alone, and go off my land. My father siid he would not. Mullious said he would not let the cattle go through, ;is he held the land for- the next 24\honrs. Mv father said that it was a public roai Mullions said, look at my stack of hay ; that is the recompense I get from the Road Board. He would not let the cattle go off the ground again. My father asked him if he could take the cattle out again. He said, no. M - father then left. I have known people pass along the road. I have known the cattle to come on my father's ground dozens of times. By Mr Hay : I did not know whose cattle they were ; but they belonged either to Harry Mullious or his father. The road had been used as a public road. Mr Mullions told me it was not a public road, that the cattle had injured his property, and that he would not let the cattle pass through. I do not remember mv father asking pennis-ion to go through. My father asked Mr Mullions if he was going to stop the cattle, and did not admit the right of Mullions to stop them. Mr Mullions stood on the bridge pirt of the time. I fir.st saw him when he was coming up. My father was on the other side jof the bridge, behind the cattle. I drove tho cittle i first by myself; my father being behind. Mr Mullions ordered us to leave the farm. The cattle wore a little distance from the bridge; they became scattered, and father's horse was bogged in trying to recover them. By Mr Whitakev : It took us about five minutes to get them together, and under our control. Bv the Resident Magistrate : Mr Mullions ordered i us nff the land ; he was leaning on his stick, and did not threaten us. Captain Steel, before being sworn, asked for his expenses. If Mr Whitaker would guarantee them, that is one guinea, he would give it to the Williams »n Fund. Mr Whitaker would not guarantee the expenses. Captain Steel was afterwards sworn. B^ Mr Wiitiker : I am a member of the Kirikiriroa Highway Bj.ud. I know the road leading from IL. mill-on East to Mullions. A bridge over Mullion's gully is being constructed. G. Reid is contractor. Before he took the contract, he said the road would be stopped t fo£ drays for about ten days. I told him to make '^ temporary bridge. Never consulted Mullious about the bridges. I believe Mr Ferguson left a message that he would summons me. By Mr Hay : By reputation Mullions is the owner of the land on which the temporary bridge is erected. By the Court : I passed over the bridge. There were two slip pinels. I should h.tvd asked permission to erect the bridge but had to go away. Mr (lav contended that the case should be dis~ missed. In the first case because the gazette declaring the Impounding Act in force was not put in evidence. George Reed deposed : I am a carpenter and contractor for the road under repair. The main road was not passable on Ist April, I know the thoroughfare which has been mentioned. I asked Mr Mullions for permission to construct the bridge. Hunt told me Run ci man was coming with cattle and would summons the Board. Mnllions said I could put, a bridge up to cross cattle if they were not allowed to stray. When I was away the ro»d closed, nobody crossed. Tea^ could not huv<> nsk^d pi'riniss : im to cvi>s«*. If the H.-itivps crossed they pai I t<n- the accommodation. tfenry MuULm* de.pnsed : On the 2nd April

told him it wafc no road for truffle. Ho askfed if it wjih not a public roaiJakroU^h, affy*pW^ v I told him no, but as a favor Ua irti^ht pas* over, I wirn-rl T(i.w not tq*ti'6ip*m t U<h novor applied before 2n# v lpril. *' - - if. Charleston 1 1 ion*! 4! urn* pm4«ut at the time of the alleged re<s«n& My fiUi'tr cailwJ attention to cattle being in tUe^iiuhhok, I Want tov^apU t'tern and put _ up tho p!itm«! on t\tn tnt^y B«d^ of the bridge. Father toll '\%iin Kn Unvti ftto farm or he would have him up for trvMjMiW, Teas could not , head the c.ittle bee nine tlirjy Unrv/ tho pla.ee. ,^C By Cotirl : Father objected, au far ay X vow, to cattle going over for the first tim<? on the l->t April. Neither of the Oiuusel ad drowsed t\mO rark. Tne Resident M-igistrato gave ju Ignient ah follows :— He snid the charge had been brought under the Impounding Act, 1867. The five h^ad of cat-l-lo Hdiil to have beer unlawfully re*cu<*d, appear to have been rescued on laud owned by and occupied by defendant. It was established that the place wijh nofc ii public, thoroughfare. Clearly the dafe.4dant could not l>e charged wich unlawfully reseuijii^ hi^ own cuttle orchis own land. Judgment for defendant with coats.