RESIDENT MAGISTRATES COURT.

Waikato Times, Volume XIII, Issue 1082, 31 May 1879, Page 2

RESIDENT MAGISTRATES COURT.

Ngaiutawahia, May 26. (Before H. W. Northcroft, Esq., R.M.) POAOHIXG. Peter Kay was charged with a breach of the Game Laws, and pleaded not guilty. Win. Godwin, sworn, said: I am a buahman, residing at -Ngaruawahia. About the first week m April, I saw Kay m Mr Lang's paddock. I was first alarmed by the report of a gun. I was | then mmy house. I then came out, to see who was firing. Kay had a gun m his _ hand. I saw pheasants. I am positive I saw one m the paddock Kav was m. I saw Kay fire m the direction of .the pheasant. That was the Becond shot. I could not say he killed the bird. I believe.it was a double barrell gun. Cross-examined by Mr O'Neill : Lang J s paddock joins the river. I was mmy house. He was too far off to be shooting at ducks on the river. I did not see any ducks about. It was two or thre moments after the pheasant rose, that the shot was fired. I have seen ducks m the paddock, m wet weather. Jas. Godwin, sworn, said : On the 2nd of April last, I saw Kay passing our house, near Lang's paddock. I saw him, go into the paddock. I was standing outside when he passed. I saw Kay shoot twice. I saw the pheasants fly. I could not say he killed any then. He had a dog with him. . Cross-examined: I could not say ho fired at the pheasants. I should think he was not firing at ducks. Jane Godwin, sworn: I am wife of Wm- Godwin, of Ngaruawahia. In the first week m April, I saw Peter Kay, m Mr Lang' 3 paddock, with a gun m his hand. I saw the gpheasants Jrise, and Kay fired at them. He walked a short distance, and stooped and picked up something, and put it into his pocket. Ho had a dog with him. It was early m the morning. Cross-examined: I certainly saw him pick up something, and put it into his pocket. Peter Kay, the defendant, said : I went out, on April Ist, to shoot ducks. I did not shoot at pheasants. Eined £5 for first offence. A SECOND CBABGE. George Godwin being sworn, said : On or about April 6th, I was at Wood Creek and saw Peter Kay goin&Wthe road, I believe, with Mr DoughtfesT Kay had a gun and dog. I saw some pheasants rise, and Kay fired m the direction they flew. They could not have befen ducks. I did not see any bird's fall. '"- Andrew Douglas, sworn, said : lam a brewer, residing at Ngaruawahia. I was m company with A ndrew Kay, on Sunday, April 6th. The defendant had a gun and dog. I saw the defendant fire. I could not. swear they were pheasants he fired at. Cross-examined by Mr O'Neill : We went to shoot pigeons and ducks. r He remarked, he could have shot pheasants or duoks then. By the Court: The pheasants were nearer than the duoks when he fired. Rned£lO. A third charge, of a similar character, V&s naa^ to vrkich, def.en.dant p>ade|

m all, and £6 19s oosts. The guilty, and was fined £10, or £25 fine amount of fine and costs, £31 19s, was ordered to be paid within two months. ASSAULT. Hugh Smith, oharged with a breach of the peaoe, pleaded guilty. Fined £3 and costs or two months inprisonment. VAGRAFOY. Scott was charged with a breach of the peace, using abusile language, &o. Constable Hobson, sworn, said on the 12th April, 1 went on duty to Huntly. Prisoner chalenged me to fight, and said he was a better man than any policeman. Fined £2 and costs.