R.M. COURT, TE AWAMUIU.

Waikato Times, Volume XXXI, Issue 2554, 22 November 1888, Page 2

R.M. COURT, TE AWAMUIU.

Tuesday - , (Before Capt, Jackson R.M.) Drunk and Disorderly.—Turei, a half case, was charged on the infonnation o Constable Jones with being drunk and dis orderly at Kihikilii on the oth inst Fined 10s and costs 20s 6d. H. Mood> was charged with a similar offence. Finei 15s and costs 20s (id. CIVIL CASES. Bond v. Kennedy.—Mr Hay for plain tiff, Mr Gresham for defendant. Claim £( 10s value of a mare which wai killed while in defendant's custody The evidence for the plaintiff was hearc last court day, but the case was adjournet to admit of the attendance of defendant Defendant being present, the case was proceeded with. The evidence of the plaintiff and his witnesses having been reac by the Court Mr Gresham asked for a nonsuit, contending that no evidence had beer adduced to prove negligence on the part oI the defendant, quoting Addison or. Torts in support of his contention.—Mr Hay quoted from Byrne v. Boadle, Baron Bramwell in reply to Mr Charles Russell, Q.C. " Look at this case in a reasonable way. The injury is done to the plaintiff, but ho has nc means of knowing how ; the defendant has all these means, and does not think fit tn tell the jury."—W. A. Kennedy deposed that he was a commission agent, travelling for Woollains and Co. tailors. Hired the horse from plaintiff on lfith May to go to Te Kuiti and the tunnel. Tried to get stabling but there was none there. Moss took charge of the horse and fed it. Plaintiff did not tell witness when hiring the horse that he was to go to Tanner at Te Kuiti, and that he would take care of the mare and put her in a stable or paddock. Was not aware when he put the mare in the littlo yard that the trains ran past the station as far as the yard, which is about 300 yards or a quarter of a mile beyond the station. Had been accustomed to the care of horses. Had had the care of hundreds of horses in his time. Took the same care of the horse as if it had been his own. —Cross-examined by MiHay : Had charge of perhaps over a hundred horses; perhaps a hundred and one. Did not understand the anatomy of the horse, but knew enough to take care of a horse. Would swear Mr Perry told him there was no stabling accommodation at Te Kuiti. Did not see the mare tied up. Did not enquire after the horse during tho night. 15y the Court: Made no arrangements with plaintiff about any payment for the horse. Saw plaintiff in the shop in Auckland, who said he wanted a suit of clothes. Mr Woollains remarked at the time that he had nothing to do with the horse. Plaintiff and witness went down Queen-street when plaintiff said he would take the suit and £1 and say nothing about the horse. Told him he would try and get Mr Woollams to bear part of tho loss with witness, and if possible agree to plaintiff's terms. Plaintiff was to have returned to the shop that day or the next but did not do so. Was subsequently advised not to pay plaintiff his demand for the horse. Charles William Moss deposed that he was a clerk on the Waiteti railway contract at Te Kuiti at the time of the accident to the horse. Defendant asked witness to take care of the horse and feed it. Fed it in the same yard as he fed other hoises in. There were two other horses in tho small yard at the time. Witness repaired the yard and put up a stable for tho purpose of feeding the two horses referred for. After feeding the horse in question, he turned the three into a large paddock for the night. Brought the three horses in from the paddock in the morning, tied the horse in question in the small enclosure to a stake, with a rope headstall (produced). Took fright at the train and pulled back, breaking the rope and so the accident occurred. Previous to llith May, trains were not in the habit of running past the yard. The ballast train came up the evening of the 10th, and it was an open question whether it would be at work on the morning of 17th. Had witness known the train was coming, he would not have left the mars in the small enclosure. Could not have taken greater care of the animal had she been his own. — Cross-examined by Mr Hay: The small paddock was about 150 or 200 yards past the block at the finished end of the line. Trains were liable to come up on this part of the line with material for the contract. To the best of his belief this was the rope used to tie the horse up. Did not know that it was Mr Gresh;fm's own rope. (Mr Gresham here objected to the question, as it was an imputation that he was supplying evidence). —The Court thought it was not intended that way. This closed the case.— Mr Hay contended that negligence had been displayed in putting the house in an unsecure paddock, and also in having ordered the horse to be shot, as witnesses had stated that the intestines had not been ruptured, only protruding, and that it was possible to have cured the horse. — The Court gave judgment for defendant without costs, on the ground that there was no evidence to prove that he had not taken reasonable care of the horse. No expenses would be allowed, as defendant had not notified his desire to have the case adjourned until the case had been begun, and plaintiff had been put to the expense of bringing his witnesses trom Te Kuiti. Mr Hay gave notice of appeal.

Police v. Tautara.—Cruelty to a horse: riding it with a sore back. Mr Gresham for the Society for the Prevention of Cruelty to Animals. Defendant pleaded guilty. Constable Lowther gave evidence of being callcd to Kihikilii and seeing the horse, and described the state of the animal's back. Tho horse was produced for the inspection of the court. The court being satisfied that unnecessary cruelty had been inflicted, the horse's back being in a very bud state, fined the defendant 10s, and costs 9s. As he was a native, and perhaps was not aware of the gravity of the offence, cautioned defendant against being brought up on a similar offence, as in such a qase the penalty would be a heavy one. Defendant was told to warn the other natives in his district against cruelty to any animal in future.

Police v. Moon : Cruelty to Pigs while Carting theji to Te Awamutu.— Mr Gresham for the Society. There being some doubt as to the ownership, which was denied by defendant, the oourfc gave him the benefit of the doubt, and dismissed the case. The same defendant was charged, on the information of Const. Jones, with being drunk and djsordedly at Kihikilii on 6th inst. Fined 10s and costs. Some debt cases were disposed of, Several cases were brought by the liquidator cf the Te Awamutu Cheese Company against shareholders, for arrears of calls. Judgment for amount claimed and costs tv»s given in each case.