RESIDENT MAGISTRATES' COURT.

Waikato Times, Volume XII, Issue 991, 29 October 1878, Page 2

RESIDENT MAGISTRATES' COURT.

(Before H. W: Worthcroft Esq. R.M. and W; N. Searancke Esq., J.P. and I. B. Vialou, Esq. J.P.) Hamiltou, Octodee 23. I'tmors biding. Thomas Carr was charged with furiously riding m the streets of Hamilton, fined os and costs, 11s 6d. RESCUING CATTLE PBOSI VOTJND. W. C. Breakeli was charged with having unlawfully rescued three horses while on their road to the pound. Mr Whitaker appeared for the informant, and Mr Hay for the defendant. Defendant pleaded not guilty. All witnesses were ordered out of Court. H. P. Macpherson, sworn, deposed ho was m charge of the Wesleyan Church acre. On the 10th. October I saw three bay horses there, I did not know whoso they were —l drove them out to take them to the pound. I heard a young man named Kelly oall out to Mr William Breakell who w&s under Gwynno's verandah," William! stop the horses which aro being taken to the pound." I saw defendant run out af ler the horses, and my boy who was after them. The horses ran up Hood Street • defendant ran up Victoria Street toturn the horses when they came back. I then saw defendant coming up wharf street with the horses, have heard Keljy- call out to him. The horses went down the street at a good canter, Mr Caley, a trustee of the Wesleyan property instructed mo to impound cattle trespassing. * To the Court, When Kelly called out he was about 30 y«d S from £ft£ chree ofTi Say defendant to* chrge of the horses. The horsp«

W. B. McPherson, aged 16, sworn said : I am the son of informant. I went with my father to the church acre , to drive some horses to the pound. The horses galloped down Victoria Street and Kellr called to the people to stop them. W. McCullough them at the corner of Hood Street. They stopped, and I drove tliem on towards the pound. Defendant ran down the street to try and catch up to them The horses then went down towards the barrack stables. Defendant came to the top of the hill ; and said something, I dont know what. He then ran towards me and tho horses, and tried to catch hold of me. I got away rourd the horses. He again came up and seized me by the arm and asked me where I was driving the horses. I jerked my arm away and said I was taking them to tho pound. He then drove the horses up the street away from the pound to his own premises. Cross-examined: When the horses were at the stables I got to them before Mr Breakell. They were standing, Mr Breakell was coming down the hi'l about 50 yards away. In calling out to stop the horses I can swear Kelly did not say " William ! stop those horses." To Mr Whitaker : I was opposite the Union Bank when he called out. To the Court : It was before defendant took the horses from me that I told him I was taking them to the pound. H. C N. Tanner, bailiff of th^E-M. Court, Hamilton, deposed that he was standing by Sandes' Chemist's shop and saw three horses galloping up the street The informant waa somewhat behind the horses. Saw defendant run up and try to stop the horses. Cross-examined : The horses were un4er no control at the pace they were going. To the Court : When I first saw the boy and defendant, the latter was nearest the horses. The horses were •galloping very wildly along the street; Mr Hay m opening the defence, described the case as a most trifling one and urged an objection that it had not been proved that the land was under cultivation, or within ten miles from the pound. Mr Whitaker argued that the plan produced to the Court showed that the church acre was within tea Bnileß, and the names of the atreeb where the horses were running wera put m evidence. The Court overruled the objection* Mr Hay argued that there was no case inasmuch as it waa not shown that informant and his son had control over the horses, bat that they drove them out and the horses galloped wildly over the town. John Boggs, bricklayers laborer, sworn, deposed he was working at the house Mr Breakoll lives m, carrying bricks from the church paMock alongside. There was a slippanuel between the two places. I took the pannel down when I went to work. The horses got m the church acre out of Mr Breakell's paddock through theopen slip-rails. Informant and boy came into the paddock and turned out the horses, which at onca galloped down the road at full speedWhen McPherson and his son had turned the horses out they stopped to put up the gates. By the time the boy, at the order of his father, started after the horses they were as far as Whyte's buildings. I did not hear McPherson say he was taking them to the pound. After\vards 3

when the horses galloped back, I opened the gate of Mr Breakers paddock and let them m. Robert Bradley, clerk, deposed to seeing the horses galloping very fast up Victoria-street past Bucklauds store towards the church. They were under no persons control.. I, only saw Mr Breakell m persuit of the horses. I think I would have observed if any one else had been after them. I saw them aftewards galloping back up Wharfateet ; they were tinder no ones; control. "Mr Breakell was some distance behind them. Cioss-examined : Could not swear that McPerson's boy was not there when I saw Mr Breakell near the old Bank. i A. Campbell, timber merchant, of Hamilton, deposed that, while under Gwynne's verandah with defendant, three horses galloped by without anyone m charge of them. Mr Breakell said they were his horses, and ran after them. I heard no one call out to Mr Breakell to stop the horses. There was a good deal of shouting and noise. 1 have no recollection of seeing McPherson's boy. I myself could not have known that the horses were going to the pound. Cross-examined : I attributed the noiso and shouting to excitement amongst those present. There was considerable noise and shouting at the horses. I would not swear that McPherson's boy was not there. To Mr Hay : I cannot swear he was there. T. C. Hammaiid deposed to seeing the horses gallop by, and young McPherson 50 or 100 yards behind them. The horses had been round the town two or three times before 1 saw defendant. I did not see him do anything. When returning, the horses were going as hard as they could, arvd galloped m at Mr Breakell's gateway. James McPherson, deposed, I saw informant aud Kelly having an altercation near the bank, and then saw the horses coming up from Wharf street, at a smart canter. Mr Breakell was some time before ha came up. cross-examined : I did not see young McPherson at all. To Mr Hay : If the boy had come up with Mr Breakell, I must have seen him. W. C. Breakell, the defendant, was then examined, under the further Evidence Act, and said, ] saw my horses loose m the street, and went after them, to prevent them irom doing mischief. I die not learn till after I had finishec following them, that they wer< going to the pound. When ] started after them, I saw no one ii — ■ — pursuit of them. They were goini furiously. After first seeing tjieni opposite Yialou's, I followed afte them, and when at the old Bank c 2STow Zealand, they turned, and followed after (hem to the flat, b; the barrack stable, when the; were moving gently. Then for the first time, I saw a boy, wh began to chaso the horses. I toL him to come away, but he eltadet me. I did not chase them after wards. I followed behind. I bai no chance to chase them, as the bo; started them off again at a gallop; J did not ccc them ajain till the; ■ were opposite Baokland's shop. '. saw Mr McPheison then trying t atop them, bat they passed him, ao< galloped on home, i was no part; to driving them home. Vp to tha time, I hail neither intimation o knowledge that they, -were beinj driven to the pound. I walked uj the street, and met Mr Frew an< Mr l&eily, who told me not to follov them, as they were going . to thi pound. That was the first itiforma tion I had of it. MxPberson nevei told mo they wer» being taken t< tho pound. I never heard KeJ/j call " William, Bfeop those horses.' Mr Kelly never, since Iknew himj addressed me as " William." 1 did not authorise Boggs to open thegat€ and let tho ovses m. Cross-examined : M# brother-in-law never calls me by my Christian name,' always Breakell or Mi Breakell. I have n6 knowledge oi getting hold of the boy McPherson. I don't think I could have done so without my knowledge. I won't swear I did not touch the boy but have no knowledge of having- done so. I said come out of that you youngs beggar or something to that effepfc. I did not say what are you driving my horaes to tho pound for. T might have said what are you doing. I can't recollect fhe exact words I used. I first saw McPheraon seu., nearly opposite Buckland's tstoro. 1 never said to McPllerson you'll be Boriy for trying to pound njy horses. I positively swear that I never used those words — I never made such remark. McPherson said if one way wouldn't do another would and something about the law. I told McPhevson nofc to make a fool of himself. I was as near as a yard to the boy for I tried to catch him. Ia m perfectly positive that! never heard the boy say he was jroing with the horses to the poun^. When I asked what he was dsiag with the horses he might havo said so. I did not hear him. Wben I went afder them I had no idea they were being 1 driven to the pound. This concluded the evidence. The case was dismissed, each party paying their own costs. JSREACH OF THE LICENSING ACT. TniTell v. Burke. The complainant did not appkr, excapt thiongh his solicitors, Messrs WJiitaker and O'Neill Mr Whitaker stated lio withdrew tho information. : Mr Hay appeared for the defence, and askttt! for COgtS, wkiok \YC*'9