HAMILTON R. M. COURT. Before W. N. Searncke, Esq , R M. Tuesday, August 24th.

Waikato Times, Volume X, Issue 666, 26 August 1876, Page 2

HAMILTON R. M. COURT. Before W. N. Searncke, Esq , R M. Tuesday, August 24th.

FtJBIOTJB RIDftJG. Haddock tB« j <tnin Young— Mr Madden f>r defendant. Onrabie Haddock obliged defendant with riding furiou»ly in Weit Hamilton and eadangeiiag the life of Archibald Mclntyre. Archibald Mclntyre aworn, »aid, I am a carpenter TeaHing at Hamilton. On too night of the 12th initant I wai com* ing up (he road with my brother, up H<>od a tree f, my brother waa 10 yard* in front i f nn. Mr Young who waa riding 01 tha road ran orer me and kneoked m*•town arcaeleaa. I uad no chaiica or tim*togetounof the way. I «aw him when I came to. He did not tpeak to me but rod* away. Mr head waa cut. I waa taken to the ohemiat where my wound waa dreeied. Cr«<aa examined— We were both rum* ning no the road «t the time I »v knocked down— the niuht waa dark. 1 oould not hear Mr Young'a horse ocming . He waa coming at a rapid trot. 1 have apoken with Mr Young aino* occur- ; renoe, I did not »-ay it waa a mere ae> | oident. I did aay 1 thought it wai an accident. I might hare avid the aame to derendent'a ton. 1 could not tay that defendant waa coming rapidly. 1 know him aa a quiet care'ul rider. He examined— l don't think that <^efenrlant uud ordinary caie when 'he ran over me Docm'.d Mo'lotyre, bro^e* of the' ryeo«fdtnur witneM depot*}, def«fcd.a*^ pined him at a trot. Thouf ht both oil

jrotber and defendant were to blame. Ibid wiue»t-ei' evidence, like hia brothers, wai gem r* ly contradictory. 'UeCouit ooumde ed there wai ook ■uffiuieut ebideoce to go on with the oase wiioh was diamiaeed. Same v Bryan Duff/— Defendant wu .h«rged with druukueaa and pleaded ju>liy, wa» fineJ 5a <nd coata'Oi Cd. Bame t Jeim Odium, jao,— Defendant was ch^r^ed w.ta wiilnliy aettiog tire to fu>za in tbe towuabip, eodao^eriog the i.ouie tf a lettler. Deleuda >t pletded guilty. Cunatable JJ»ddock a*id the oaie wu brought to deter boy a from auch reokleaa sontmot. The Court reprimanded the lad and lined him la and ooatt 6s 6d.

THE OBIAT TKRTVHIMY CASK. CouaUble Brown r John Wtiod. )ffr Hay tor the Proteoutiou. Mr Wbitakor for the dfefeuco. Defendant was indioted odder the 10th' Sec ion of the Rural Puliea Aot, wiik < lo*ving'.cert»>n offrn»iv« matter in th« township of Hamilton East. Mr \\ hitaker objected to the cue being proceeded wjifa uutil a requisition in wniiog, Hignedby hcu-obolders wm placed in Ctntrc as required by the Act. The Court rulled that the word* of the Act were not prohibitory, and that a con* ■table, mi toco, con Id take Action without •uoh requisition. Mr Hay called Constable Brown who d-posed— l iaw Mr McO nald on* the 19 h inst. He complained of a mulatto* near h^a hrnio from maanre placed on defendant* laod, and served me with m requisition requetting-me to lay aa infortuation under the ltnral Police Aot. I tben went to the premuei complained of and fouod several loadi of manure. It ataelled T«ry offensive. I then laid the uifoimition. 1 bel.ev* from the smell it U auiaial remains irom the daughter yards. The smoll wm not that of a tan* yard. I be'ieve it would be a nuitauce to anyon* living near the place. Cro*s-examiued —I walked close up to the heaps t>f manure. The only n.*aas 1 had of judging they were animal re* mama wm irom the smell. There were f everal load a there, aome spread, tome in leai*. I saw no animal reira ui.| lie-examined — Tho tanyard was an uo« x^ plcasaut smell, that of Mr Wood's ua* *, uure was offensive. ( To the Court, — None bnfr Bfr McDonald called my attention to it. Dr Waddington, whose evidence for the d«fenoe was taktn at this stage, to enable him to attend to medical dutiea requiring his attentioi elsewhere, when examined, stated, th* smell was exactly lhat coming from a tan yard. At this stage all witnesses were ordered to leave the Court L dont think the email at all rietri* mental to the health. I examined the nnuuro ca>efuily, goiug over the whole paddock, I *aw hones, hair, and drees* i iga from ikius, SLmbla and straw mmure, but nothing else, except, a few b< of*, but nothing deleterious to the publio health, lhero wns a strong orunary Uianure am* 11. L'ro«s examined by Mr Hay. I went over the paddock by myself. Tbe smtll was an otfeuuv* ooe. A great part of the manura was spread oa the land, and part iv heap*. 1 could not detect tL« praseooe of decomposed Ujod, j sboull havo done to had it been there. I saw* lume of the fresh deposited manure. It would not depend on a perons health whether the sraull would iujariouily effect liiai ; if the smell destrywd a p-rsons ap(ie it** it would bi detrimental to health. The smell nrght be off nuve to acme- people but not to me. It is a matter of tasto. I use tho word " offensive" in that light. To the Co irt--There was no decayed ammdl nutter p'e-ieut that I to ill see. Dr Buaie, swone, sta'ed he liar) inspected th« lirt'd lv qiention, from tho idj iaing |<r-m sea of Vl r McDonald aud I kan a quantity of mtnun -lookin^-stLff. Tnere v\»» aa offens ra cfnaviam arising from if, which houlu be < c r.mental to h »lth, suob a *m«ll was calculated t<» produce nause dyspepsia, aud in w«mi weather dianhce*, if ths sulsol wero sandy the iaa> ure would pollute ti>* tprings .vljo : ning, he h*il no huiitatiou in saying th i smell was mjur ous to hi a tb. Ho stoaltl say tbe mauure cousuted of animal refuse. Crossed examined— l pronounce it to have been animal r< fuse by the smell. No oxif ooutd miitake the •mell, I was uot sufficiently uear tt see it. I don't thiuk I could be deceived io the amel>. To the Court— l wns from 1$ to 20 y^rds from the nearest* heap of manure. J. X MtDouald, sworn, stated be> was a o mtnissioa agent rtaidiug in Hamilton East, most strongly remembered the 19 h instant I weut home aboot 2 o'olcek, as I neared tbe home I W.-M assailed with a most offeusive small fun putrid slaughter yard refuse oa Mr Woods acre a<lj lining my hous«. There seemed 10 or 12 ion of it. Th« steuch was so offensive 'hit it penetrated tiio bo iae. It imelt like 60, C00 Utr nes ,II opHuud up ot once, My children wire> Louoplaing of tbe tt nch. When the stink got about our noses we could not get it away ; it seemad to hang there, it had a nauseating effect. I con d eat no diumr. I soften d fr< ra headache, caused by th> smell, all that afternoon. My cb'ldrtn have been ill ou several occaiioni, when similar manure was placed on the laud. Tbe pot of preserve/}. •\ manure I h*ve in my hand, was tsifMi fr m the manure complained of. Mr H»y put the pot of manure ia evidei o •• Mr McDonald then opened it and stated it contained amm%l rofuse, blood manu r r, &o. 1 can sw«ar there is blood in tbe manure produced. The spreading of this manu c is * very great nuisance to myself and family. To the Court- Mj house is alnut 30 yards from tbe nuisance. Mr Wht'e sworn, said he was a s<t< tl*r residing in Hamilton East, have b*ea a butoher. I »melt a smell t<n that d*y, I felt it, I could tut it with a knif«> I bad to walk in doois it was so bad and it gave |me the diarrhoea ag well. 'I he imell arose f ova Mr Woods oar ting offal from his slsughtor yard to his meadow, regular " kuock-aie down" stuff. I i aye had to use laudanum to krep my*elf in order, the smell wan f o bad. lam quite ►ure I was ill frcm that cause. I lire .• jj.oent to Mr Wood's paddock, and consider it a great nuisance to myself and neighbours. I saw Mr McDonald pot some of the refute this morning. Th* amcll is not quite so bad to-day as on Saturday. There is Animal matter in the pot produced. Cross-ox— l hvre not had diarrhoea for 10 years. Iha»e been a butcher for lOyetr \ animal matter always gives me diarrhoea, I did nob k>ep such stuff as that on n y premises, what 1 call animal matter u iaad stinking animals' blood, &o I imelt it first about 11 o'olook on Bua> day. I got diar-bcea immediately *fer« wards, by immediately I mean withi* 24 hours. The illness lasted till to-day. Ihi offal placed on ths land was manure> mixed with blood. B«*«x»mined— l believe there is aai> mal matter mixed with it. When .«) outcber I bad mch stuff removed »w*y before it was 24 hours old. To the Court— l did not speak, to Mr Wood abuut it because he is tfto big a mau. Be has threatened me. 1 he rd la»t right that h.« «u talking. of what tie wvril 1 do to me \( 1 n*t to-ol»t, bat I'm rea^riorltm-l^arati. Log the Court' : '^xJwmtf Akfllct *•

of tb« Colony runs thro«gh the town* of Newcastle, Hamilton and Cambridge. 1b». the town of Hamtltoa is diTided by tbe W i'tato River ioti two par 1 ; «ns called Hamilt-m fait ani tbe other Hanrl'on VV • . t. That theaaid river » »t prt sent crests d hj meant of a punt, «h cfc, io times of Axhl, beeoues absolutely useless, and in time* of low watef, k.conea daag r«os. That great inoonveuience, expense, ■delay aal danger is oc«» mouml to tim eettleri by tkis mwat •( oroaiiog the aaid That tk« ri-Tcna* arising from tke aakl punt is, in the e.timation ef your f«titiuD^r», not less th^n £50QL That tks laid p«-nt rml (lie a;; ro*che» •re now ra a »4»V of decay, t >d will ebortljr r«q«i'A ta be wholly remewed, at •• laT/e expend. That jour petitioners buaibly evbmit ♦hat tbe rev nun derivable from th* •erection -ef a bridge b«tw*en Hamilton t£a«t and- West woal«l repay more th»n intereet and sinking lard on » ac am-oant of cap<t*l invested !■ tbe «obstraotion of th^ saino. That your petitionere have obtained an approximate estimate from a competent engineer of the coat of a bridge, which •states that a substantial bridge acrosi tt* said rirer, at Hamilton, sm'table to the requirements of the s^tMers, can be con* strnoted for abpnt £6000. That the Hamilton Station, on tbe Aaokland cod Waikato line of rail waj, 4s en -the west side of tke liver, and that in the event of a bridge not totng con«traeted ower the said river, at Hamilton Aforesaid, the wkole of the settlers residing on the east side of the said river, •comprising flu Dittriote of Cambridge, <Piako, I amfchere, Kirikirkoa aad H«miU ton East will be unable to avail them* e*lveeof the benefits arising from railway communication, unless at great risk to 3ife and property. That a large amount of revenue 'has scorned to tbe Ooverntnent of the ' Colony from the sale of l*nd •a th t aforeeaid diitriots. Your<petition«T« therefore hnmbly pr»y that yonr Honorable Home will take steps as will result in *b« conotmefion of a bridge aoroas the s»i t river, at Hamilton, aforesaid, or grant «uch y -other relief to your petitionsrs / as to your Honorable House may . A seem fit, aud your petitioners, as, ia duty bound, will ever pray.