RESIDENT MAGISTRATE'S COURT.

Waikato Times, Volume XII, Issue 989, 24 October 1878, Page 2

RESIDENT M AGISTR ATE'S COURT.

Ngaruawahia, October 22.

Before H W. Norfchcroffc Esq., R.M and W. N. Searancke, Esq , J.P/ Queen v.-Fidget.-This was a charge of putting obstructions on the railway line at Taupiri on the 16th inst. •• Mr Brookfield, the public prosecutor, conducted tbe case against the prisoner. Richard Baxter, sworn, said : I am in charge of the railway engine and train. On the lGth October fche train was coming from Ohaupo northward, and at Taupiri afc 7.49 a.m. I found 1 a mile this side of Taupiri an obstruction on the line, I slackened speed and blow the alarm whistle and called to the fireman to put on the break. The life guard threw the obstruction off fche rails. Tho obstruction was a mile post (produced.) Ifc must have been taken up thafc morning. The train was a passenger train. I left word at Huntley station for Mr Piggofc to be informed. By the Court : If the life guard had not removed the obstruction it might have thrown the train off the line. It the cow-catcher had been down instead of the life guard it would have passed over it and in all probability the train would have been: thrown off 'the line. W. Piggofc, sworn, said, I am Inspector on the line from Rangiriri to Ohaupo. On the niorning of the 16th I received informalion afc th» Huntly Station piece of amber having been placed on the line about half a mile soutli of Taupiri. In consequence of that information I started to see whafc it was • I met the Ko. 10 Goods Train near fche 67 mile post, about half a mile | south of Taupari. That train came from Ohaupo to Auckland. I met it abut 25 minutes past nine. Mr Smyth, ganger, was on the train. He told me two attempts had been made to upset the Goods Train by placing a wheelbarrow and mile past on the rails, and that a suspicions looking character had passed while they were working, and that he must be between that place and Huntly. I was afterwards shown the place were the obstruction had been placed. In consequence of whafc Smyth had told me I directed him to go on to Huntly by Goods ! Train, and come back by the coach road, arid if he met fche man he had seen not to loose sight of him till I came back. I then proceeded towards Taupari. I met Sergeant; Gardner,'' and in company with him ' went on, ahd ; found . the prisoner concealed in the scrub about lo yards from the rail on the side of the main road. ' He was lying flat 3on his back, his head somewhat raised, trying to see and not be seen. The distance was about 3£ miles from the place pointed out fco me where the mile post had been placed across the line. It was about £ mile north from the wheelbarrow. I bade lii tri good morning. He made no answer. I asked him was he tired, he replied, " whafc the hell odd's is that fco you V — l said I don't know, but I want to get information from you — " then you'll get none, who the hell are you ?" I told him I was inspector of the line, and should detain him forputtingobsfcruefcionson fche line. I left Gardner to guard him, while I sent for fche police, and j had fche prisoner arrested. I then went to the spot where the obstruction had been placed. Near thc place where the wheelbarrow and the mile post had ben placed, a gang of men were working that morning. Where thej were working they were ljust out of sight of those places; I no person could pass along the coach road or line without being feen by the men working on the line, nor between the coach rond n <id ri rjr. Obstructions such as tie wheel--1 barrow and fche post are calculated to \

obstruct a train. The mile post produced is tho oue pointed out to me as having been placod across the rails. By the Court : Ido not know the prisoner. William Miller stated : I am one | of Smytbe's repairing gang on the Aucklund liue, I was at work on the morning of the 16th at whafc is known as Taupiri yard, just at the commencement of Taupiri gorge (south side.) There are sotne water tanks on the Taupiri side. At about half-past eight I went towards tlie tanks to empty a trolly. I saw the | prisoner coming along the main road across ill 3 bridge about fifty and sixty yauls on the Taupiri side of the tanks. At that time there wa9 no obstruction on the Jine near the tanks ; I should have seen the wheelbarrow on the line if it had been there. The main road runs close to the line at that spot. Having emptied the trolly I returned to the place where I was working. Afc that time my back would be towards the man whom I had seen. The place was afterwards shown me where the wheelbarrow was fount! on the line. From the place wliere we were working we could nofc see the place where the barrow was. There is a curve in the line. We had been working the day before at the place where the barrow was found and had left some barrows betweeu the line and the main road. The barrow could not have got on the line by ! accident. The line is on an embank- j ment, the, rails are several feet above where we had left the barrows the previous evening. After emptying ( the trolly end returning to the plaee wbere we were working, I saw th« prisoner going on the main road towards Huntley. About ton minntes after I first saw him, I saw no other person pass, had any other person pass I could not but have seen. William Smyth : I am a ganger in charge of the Taupiri railway gang. On the morning of the lGth the gang was at work ou southern entrance to Taupari gorge ; ifc i.s aboufc 12 chains from the water tanks. I remember on that morning, I saw a barrow across the line on the Taupari side close to the tank. Ifc was one of the Government barrows. The barrows wera left about 32 feet from the main line towards the road. There is an embankment aboufc 5 feefc G inches from the place where the barrow was lefb to level of the line. I remember, ifc was aboufc 20 minutes to 9 when I saw the barrow across the line. It was aboufc 20 minutes afcer the passenger train, No. 10, had passed. Ifc was previous to the Gooda Train passing, about 10 minutes. I traced four distinct footprints up the embankment to where the barrow was lying to within two yards of where the barrow was placed. I removed the barrow and went to my own work place. ■ While there, I was called to 1 come over. Then I saw Gardner, who made the report to me. In consequence, I gave Gardner certain instructions, and then paoceeded on the Goods Train towards Huntly and meb Mr Piggofc on fche way. I informed Mr Piggot whafc I had seen and was instructed to go on to Huntly. I then returned towards Taupiri by the main road, and met Gardner, who took me to fche place where the prisoner was lying in the scrub, near to the main road. When I saw prisoner I asked him to come with me to Huntly StaMon. He asked why we were following him J I told him he would learn thit in due time. He said he could fight one man but not two, and then got up and came with us. On the road, on the way to Huntly, I said to prisoner that it was a malicious and dangerous thing to do, endangering the lives of several people. I did nofc specially allude to any offence, He replied, he had often been in greater danger than thafc in his time. The place where the 68 mile post was placed across was pointed out to me. From the place where the men were working in the gorge, the men could not see either that place, or the place where the barrow was. John Simmins, sworn, said : I was one of the repairing gang working in Taupiri gorge on the ICth October. I live on the Taupiri side of tho gorge. I was coming up fco my work, and arrived afc fche 68 mile post aboufc u quarter to 9 a.m. Ifc was laying across the railway line. This is the post (post produced) ; the butt end was jammed against the sleeper and the other on fche ml opposite. Had ifc remained ifc would have obstructed the line. If there had been a cow-catcher instead of a life guard, I think, ifc would have I upset the engine. This was before tho goods train came down. To the Court : I saw the prisoner before afc the Coal Mines, about two months ago. I don'fc know what he was doing there. Singleton Gardiner, sworn : I was oae of the repairing gang working at Taupiri gorge on 16th October. I saw prisoner that morning going down the road past were wo were working, about half-past 8. I saw a young man ride rcross on horseback a short time before the obstructions were found on the rail. I believe he was in the employ of Mr Gilmore, of Ngaruawahia. They wero the only persons who passed that morning. I must have seen any other had they passed. To the Court : Aboufc 10 minutes elapsed botween the time ot the two passing ; tho prisoner was the firsfc to pass. The prisoner, who stated bc knew «