R.M. COURT, TE AWAMUTU.

Waikato Times, Volume XXIX, Issue 2345, 21 July 1887, Page 2

R.M. COURT, TE AWAMUTU.

rc Me«sr> J. H. Man tk'ii.-, jiMii ,i. Hutching.m J.U-. rKI’KLTV TO A HOft-K. CurEI.TVto animals. Tiio:ii;i- ik-T \v:b charged "ii the inf■ »imation of iMn-tabl* Kyan, with ha\ing "ii tiie 11th in-t.. c -u, mitted a brc(Hi »f thu crn-Itv an-maK net, by ri-ljig a horse while >m}f-un.r iV-m a sore buck. Mr Gresham aj»j ear--d f*r t!.* tin* Society, for tin* Prevention of (Tu*'ltv t'» Animals. There no appraranee • f tb-b-mlant

John G. K!in>li‘V d -p s M that h- -aw ilw lmr«e in r ju»*-tion in hi- yard on tlw lIP’ in-t. Tlie Jior.-o w.n> veiy Mid nt take oil the saddl*% but c-uM .-n* a hr*:’sore on the hors.-”- 1 ack jus*. um!-r tl:e i*. ck of tiie saddh*. Pdoorl wa- cunim; Ir un lh-.-ore, blood was also on the saddle. Tin;:*\v;e ni'i' i'l nil the saddle t<» protect lb-

s»ro. Mid nt J'.akcr on tie* io - s back then. Saw him fr*ojnentlv tiding lbhorse, leather Lu-k. Mr JhU«-r--*n, :r.d Mr Tristram also saw the borsein yard. In witness V opinion, it was cruel to ride the h«*rse while in such a condition. Saw Maker in the town that dav.

I’.y t!n‘ Cimrt. Cannot swv.tr tint tbhorse is Baker's property. •Jiilm Kyau, Constable, deposed to —rving the -mmiions. Baker mmely said it was a bit nf spite nil Mr Tii-trams part. .1. 1 1. Tristiam deposed that the horse imee belonged tn him. I’rvrjuentlv saw Baker riding the horse. Saw the iras- in Mr Klmsley's yard on the 11th inst. with the saddle and bridle mi. Saw a s,, re large as his hand under the back nf the saddle, hid not lift the saddle tn fee if the sure extended any farther along thback. Could see the sure without lifting the saddle. Had no doubt the horse belonged to Baker. William Patterson deposed to seeing the horse in -Mr Elmsley's yard on the 11th inst. Saw the sore as described by last witness. The saddle was wet with the blood from the wound. Thought decidedly that it was cruel to ride a horse with a back in such a state. Did not know Baker, and never saw him to his knowledge. His attention was drawn to the horse by Mr Elmsley. Constable Itya'i stated that Baker told him he was going to the hospital, and would not likely be present to answer the charge. The constable told him to get a certificate from the doctor to Lbat effect.

Mr (Iresham addressed the’Jconrt, pointing out that on two former occasions defendant had been punished for the -rime olfence, and he asked the bench to inflict such punishment as would deter Inin for tile future from committing a breach against the laws of humanity. Fined 10s and costs, £2 lus. HORSE-STKAI.ISO. Thomas Baker was charged upon the information of Tukoichu with having on or about the Hth of .fune, into, stolen one bay guiding, value £l2, the property of the informant. Adjourned on the application of Constable Kyan till the L’flth hist. THE CATTLE-STEALING CASE. Te Koto surrendered to his bail for this case. Inspector Kiely applied for a remand to the 2!) th hist., as the cattle stolen could not yet bo produced. Mr <lresham for accused did not object, bail being allowed as before. I.NCK.NDIABLSM. Daniel Kenny appealed to answer the charge preferred against him Isst court day. Mr Hay appeared for the defence. Aii witnesses were ordered out of c mrt. Thomas Henry Smiths, clerk, of I’ora-a-tc-Rao, deposed : Kemembend the morning of (he 11th. At about 2.10 a.m. Inarrived at Te I’uhi flag-station, near thIV.niu, fi -u Otorohaiiga. Took she'ter in the-tatior from the rain. After being in for about i‘> minutes a traveller came in. He, said it v...s cold, and offered witmss a drink of whisky, which witness refu-’d. This person .said he had had a good the, but supposed it was very nearly out by this time, lie then proposed to have a tire in the station. Witness said ; “ V-.u can have one if you like, but I am oil dowdy it censes raining.” hi reply to witness, the traveller said it was about six mil-- PTc Awaiimtn. The. I’uniu bridge was he said about two miles from the station. Left this person asleep there. At Inspector Kiely’s request lo iked round and said to the best of his b- ii.-f prisoner was the man he left at Te I’uhi station, but he could not swear to it. On coming over the bridge there were the remains of a fire on this side. Tncy appeared to be the remains of a block, and a box was still on fi-ie. Did not notice the fie particularly, but by the look of if should say it was the remains of a house. This would lie about a quarter to three a.m. Arrived at Tc Awamutu station sometime after three, and remained there till daylight. After hreakfa.-t, that is, before 0 o'clook he reported the case to Constable Kyan. Thperson he saw at the station appeared tbe all right when he saw him. Did not leave the railway line at all.

Cross examined by Mr 1 lay; The nigh' was nut quite dark. There was mere or less moonlight between the -hewers. Tie moon rose about 10. Did not knew hew long it was after full moon. It was no! too dark to distinguish anyone readily in the open air, but not in the station nn'esit was some one he knew well. Would not swear to the identity of the prisoner. Did not see any fire before then. The first he saw was when he got over the bridge. Did not make any further enquiries when told by this person he had had afire. Hv told witness so openly and plainly. Tinperson did not behave like a man wh • had committed a criminal offence. There was no fire-place in the station. Could light a fire in the centre without doing any injury to the building. It has an earthen floor but the walls are of wood. Saw some notices stuck up on toe wail could,not see whether there was material there for fire, Reexamined. If a fire was lit close to the walls as they are of wood if not looked after they would burn. By Inspector Xeily, through the court. By the way he entered I should say this person came from the direction of Te Awamutu. I’aitae, a native, deposed that accused came to his place on Sunday, 10th mst. Brought some whiskey with him, 3 bottles. He left again in the afternoon. A considerable amount of other evidence was taken, all tending more or less to connect the prisoner with the occurrence. Mr Hay, in addressing the bench for the defence, contended that a prima facie case should be made out in such cases. In this case there was no prima facie case of arson. There was only a prima facie case of bung in a certain place in the neighbourhood of where the fire occurred the evening before. He quoted from Johnson to -how that such evidence as to footprints, voices, handwriting, etc. should be very cautiously received. Even if prisoner was proved to have had any connection with the fire, which'counsel declared had not been done, no malice could be proved against him. At most, it could only be a case of carelessness and as such a civil action should have to be instituted. Counsel, after some argument-, contended that the bench should dismiss the case. After retiring to consider, the bench decided to dismiss the case, as there was no evidence to show that ho was connected with the fire. The prisoner was accordingly discharged.