TE AWAMUTU R.M. COURT.

Waikato Times, Volume XXI, Issue 1790, 27 December 1883, Page 2

TE AWAMUTU R.M. COURT.

Thciis DAY. —(Before Mr H. W. Northcroft, KM.) CIVIL CASKS. W. Bond v. Walter Smith, of Taranaki. Mr Gresham for plaintiff. Debt, £11 12* 9(\. Judgment for plaintiff for full amount and costs, £2 13s. J. Fau-ell v. W. T. Miller. Mr Giesham for plaintiff. Debt, £12 11s lOd. Judgment for full amount and costs, £2 12s. Immediate execution granted. J. Hutchiiwou v. W. T. Miller. Debt, timber delivered, £(5 Is. Mr Dyer for plaintiff.— James Walton, accountant for plaintiff, being sworn, deposed that the amount was htill due and owing. Judgment for full amount and costs, £2 Qs, Immediate, execution granted. Thomas Gre&ham v. Noka. Bill of coats £11 3~,. Judgment for full amount and costs, £2 Is (3d. George Johnstone, ofGisborne, v. Robert Wilson. Debt, £8 15s. Mr Gresham for defendant. This was an action brought by plaintiff to recover the sum named for beer supplied to cjefondai^, wfin a.fc one time kept u hofeel at Gisborne. The defendant ptoJuced a receipt from plaintiff for £10 6s, which covered the items in the account sued for. The evidence wae taken to send to the R.M, Court, Gisborne.

CRIMINAL CASKS. Police (R. J. Gillies) y. R. Alexander. Cruelty to aniirjals. TtyK WAS a case in which information was laid against defendant, who is poundkeeper in Te Awamutu, for keeping the pound in a filthy state, and not feeding the animals properly. The constable having stated his case, the defendant stated in liih defenoe that the weather was so bad that it was impossible 'to keep the pound clean, and that on several occasions he had cut drains to let off the water. This being the first offence he was fined Is and costs, £1 13s, but was told that if it occurred again a heavier penalty would be infliotpd. Alexander Deally was charged, on the information of W. Sloane, with maliciously killing three fowls between the Ist August and Ist October,, the, said fowls being \he property of the ■'prosecutor. — The accused pleaded not guilty.— W, Sloane,' beinff sworn, 4§p ose fi t^ajj h,a Ijeeps pure-bred Spanish and white Brahma fowls, andthat he has lost during the last 12 months over 20 fowls: He valued these fowls at £1 8s fid. About, the end of October he met the accused;inVMr r <liewis ) S;JSotel ( ,i*and in the presence of several witnesses he admitted having kilted the' favf Js,' Ffose'outd4lfefJ; tha , rootnjfpr ahaufc {;e.n irjin,uteB,. and on his re--turn accused repeated the assertion that ho had killed the fowlsl— Cross-examined by accused : 1 wa's'perfectly^BberVfc'thS'Qine.' Hadino argument^ with r^you!jon any.other. subject v ,1 neyer saw u you t premises ' among 1 iny\f owls. A thief sbiqc^; th,ei'flark <)f the' rijahj; _tq peruetrite his acts; ;&pM|th>fqJ^m^

4lte-~6h»W^|i%rMii;^dmighter of last witness, befrig"s~worn ; deposed that accused adimtted to [her, that he' had killed the fowls out of revghge for 4 the loss of a cat, which he believed the* prosecutor killed. — William Bearaley, beiny sworn, deposed to hearing accused tell the r prosecutor that he had killed the fowls as Hatisfaction for the l<|ss t , of "r his _'cat.f-Beujamin Lewis, swijrn, deposecT^ 'also . to hearing accused say he killed the fowls.— This closed the case for the prosecution. The accused having made a rambling defence, sentence was deferred till the rising of the court. When accused came up for sentence, he was impel tinenfc to the bench, and said he would not pay a sixpence, and that he would rather go to gAoi. Hegi>t hia wish. Sentenced to two months' imprisonment with hard labour in Mount Eden Gaol. HoiWE-sTB.uJXo. — Bobert Banks, who surrendered to his bail, was charged, on the information of John Ormsby, with stealing a horse during the month, of November, 1882, valued at £7, the said horse being the property of John Ormsby. — Mr Hay for the defence. — Constable Gillies appeared as prosecutor. — John Ormsby, being sworn, deposed: I am a half-caste residing at Kopua. I know the accused ; have known him for se\on or eight years. The natives of Mokau sent a notice to our settlement that a sale would be held there ou the 20th November, 1881. I attended the sale in company with John Hetitt and several others. It was a horse and cattle sale. I bought three horses at that sale, one bay m.ire with foal, and two black mares with foals, and grey gelding ; the latter was bid for, but not sold, and I bought him privately afterwards for £2 ss. I b'Hight him from Tdngihaere. John Hetitt was present at the time, and Tohe, the owner, was present also. Tohe is Taugihaere s brother. The horse was in good condition at the time, and slightly lame. I paid cash for the horse. Got no receipt ; it is not customary to give receipts at Maori bales. About five or sik days afterwards I brought him home to Kopua, he remained in my possession till August, ISS3. I frequently saw accused passing my place on his way to Alexandra, the track led through grass laud on which my horse was grazing. The accused never claimed the horse during the time he remained in my possession. After missing the horse I made every possible search for him, but could not find him. I heard afterwards he was running at Owaikura. Hearing he was there I did not trouble myself about him, thinking he was safe. I told Tutuuei, who was going there, to look for my horse, and see if he was there. On his retm n he said he saw one of my horses (a mare) there, but he did not see the grey gelding. I then believed the horbe was dead or stolen. About January or February 1 heard there was a horse answering the description of mine which was mussing. I went to Mr Hunter, at Ohaupo, who took me to hi.s paddock, in which theie were three grey hotses mutt ing. I pointed out to him the horse which I claimed as mine, and which I lost, i I claimed him as mine, but Mr Hunter refused to give me the hoise, as ho had bought him. I never gave anyone authority to sell my horse. I have no doubt about the hoi\->e being mine. I never gave any authority to anyone to sell the horse. It w«is mine when lost, and is so to the present day. I have seen the hoi so to-day in the Government paddock. It is the hanie horse I lost. — Crovj-exaiuhiud by Mr Hay : Tangihaeii and his brother bred him. When I heard the horse was sold I claimed him from Hunter. I saw no one else about it. I heard that Batiks had .sold it. A long time aftei wards I mw Banks on the lo.id, and sp-»ke to him about ifc. I said : Banks, lam going to speak to you as I would to a friend. I said I found a horse of mine in charge of Hunter, and I have been informed that you are the seller, and the best thing is to settle the matter. Banks said he did not see how he could settle it, as he put the horse down as his own. He told me positively tlio hoiso was his own. As well as I can remember I saw him several times afterwards. I had one convocation with him afterwards as well as I can remember at Hughes place at Kopua subsequent to the one aheady .stated, i Banks spoke first, and said : " What about ' this hoise ?" I told him the best thing was to go and pay back Mr Hunter's money. He said he could not see his way to do that, because the hoi ->c was his. I think it was long after the Kopua racos. I said the hoiNO was mine, and he said : " Well there the thing-, stands. 1 ' Banks never said to me: "We will fight it out in court." I remember seeing him at the last Kopua races. Will »weav I did not speak to him then on the matter. — By the court : I was under the impression when he spoke to me at Hughes that ho bolieved the horse to bo hix His Worship did not think it necessary to call any further evidence, and discharged the accused, as it was entirely a case of disputed ownership.