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RESIDENT MAGISTRATE'S COURT., Ashburton Guardian, Volume I, Issue 25, 22 November 1879
RESIDENT MAGISTRATE'S COURT.
ASHBURTON. Friday, November 21. (Before Mr F. Guiaess, 11. M.) CRUELTY TO ANIMALS. Daniel Buckley was charged with this offence. Mr. C. W. Ireland deposed to seeing accused, near Butler’s new hotel, last Monday week in the evening, with a mare which appeared much overdriven. The animal was harnessed to a spring cart, and was lying with her head in the gutter. Accused was dancing a sort of war dance round her, kicking her in the head and mouth most brutally. Witness took accused away from the horse, and asked his name, which he said was Dan Buckley. Witness then gave accused in charge to Constable Beaumont. Witness said cruelty to horses and other animals was getting only too frequent, and he had determined to give information in every case that he witnessed. The Rev. Mr. Keall corroborated Mr. Ireland’s evidence, but could not possibly identify accused. Constable Beaumont deposed to Mr. Ireland giving accused in cliarge. The horse was very bad, scarcely able to walk to the station, and when taken out of the trap was so weak that it could hardly proceed to the livery stable. One of the hind legs was bleeding from a kick, and there was a mark the size of half a-crown on one shoulder. About half an hour previously witness had seen the horse, which was then all right. Defendant was partially drunk. Defendant stated that he had been at a sale and had afterwards gone to Mr. Baldwin’s Hotel for a glass. Some one else had taken his horse and driven it in spite of him to Cass street. He had a struggle for the possession of the horse, and in doing so ho certainly lifted his mare’s head and gave her a kick with a light boot. The mare was inclined to stick up in going through the town. The Magistrate announced his intention of putting down such brutality and fined accused £5 and costs. CIVIL OASES. Lancaster v. Spring—Claim, £ll 19s Sid. No appearance. "Friedlander v. Gleeson—Claim, £l4 18s 5d.. Judgment for plaintiff by default. Quill v. Orton—Claim, £l4 18s. Mr. Quill did not appear, but Mr. Orton said the claim was not a correct one, and that ho had incurred an expense of £2 15s 9d in coming to Ashburton about it. Mr Guineas granted defendant tle expenses he asked for at plaintiff’s expense. Borough Council v. Pyke—Claim £2 for rates. Mr. Crisp, Borough solicitor, for plaintiff’s. Judgment for amount claimed and costs.
Same v. Broadbelt—Claim £2. Judgment for amount claimed and costs.
Murphy v. Markham—Claim ±‘2G 19s. for dishonored promissory note. Mr. G. D. Branson for plaintiff, and Mr. E. G. Crisp for defendant. In this case the payee, one of the endorsers, and the drawer of the acseptance had become bankrupt, and the defendant had endorsed the acceptance to “oblige a friend. ” Judgment for plaintiff, after lengthy arguments from both counsel.
Gough v. Rapley.—Claim £'2G 10s., money paid by plaintiff in liquidation of an account due by defendant to the estate of J. H. Pass and Co.. The defence was that plaintiff had entered into an agreement to buy land from defendant, and that £IOO of the price of the land was due. There was no written agreement in the matter, but the amount sued for was paid by plaintiff without defendant’s knowledge and the latter looked upon the money paid as a deposit on tiie land. The land had since been sold to some one else. Mr. Stringer, of Pass and Co., said plaintiff' had paid the money as a deposit on the laud purchase. Plaintiff was non-suited.
RAKAIA, Friday, Nov. 21,1870. (Before Mr. F. Guinness, P„.M.) POLICE V. MORTON —SLY CHOU-SELLING. This was au adjourned case fx-om last Court day—judgment having been reserved. His Worship ruled that the information had been substantiated, and the offence proved. Defendant would be fined £25 and costs, or six months’ imprisonment in default. Defendant would be allowed a fortnight to pay the amount. RAKAIA BRIDGE REGULATIONS. ■ Win. Saunders was charged with committing a breach of the bridge regulations. Mr. Purnell appeared for defendant. Henry Ellis, sworn, said he was gatkeeper at the south end of the Rakuia railway bridge. On 'Tuesday, Out. 7, closed the bridge at 12.20 p.m. After closing ita man looked in at Ids lodge and asked if there would be lime for a trap to go over the bridge. While the man was talking to him Mr. Saunders drew up in his trap loaded with boards. Before he could give an answer Mr. Saunders said “ Jump up there is a trap oo the bridge coming off.” The man jumped up into the trap, and drove off. lie called out they would not have time to cross. Did not know whether they hoard him or not. They did not stop. If the train had arrived at the proper time, he would have had to pull it up. Mr. Saunders had often told me he w ould not be stopped by anyone if a train was not really in sight. He reported the lircumstance to the manager the same day. By Mr. Pa nell—"Was not very fond of Mr. Saundurr. Had not had a disagree-
I moot with that gentleman. Wa» not on | bad terms with the defendant. The goods ! train was not a regular train. It should | leave the Rakaia station at 12.25 p.m. i Goods trains are not very regular in their I departures. The}’ are not occasionally j two o'- three hours late. The gate was i shut when Mr. Saunders came up to it. i Saw no <>nu open the gate. Did not j know whether air. Saunders or his man l opened the gate. Shin the gate seven or ! eight minutes before Mr. Saunders came up. The gate was shut again. Did not see Mr. Saunders open the gate. Will swear the gate was shut when Mr. Saunders came up. Mr. Saunders drove off directly and did not speak to witness. The gate will open and shut easily. There is no clock outside the lodge at the bridge. There is one inside.
George Mapple, sworn—On October 7, met Mr. Saunders. Was riding beside him in his dog cart. When he came to tiro south end of the bridge, the gate was open about two feet. Mr. Saunders asked me the time. J told him it was twenty minutes to eleven. My watch was set by the station time when I left Rakaia. Mr. Saunders asked what tram could he coming at that time to warrant the gate bein' closed. Told him the next train would bo the goods down from Christchurch. Went to ask the bridgekeeper whether we night go on the bridge. He looked at his clock and said he supposed so. Saw a trap coming on the bridge from the noitli end. There was no train in sight. When about three chains from the north end heard the whistle of an engine. By Mr. Ellis—ft was before II a.m. The express had just arrived before wo left Rakaia. Was sure this was on the. Vfcli October.
By His 'Worship—Thought there might bo a special carriage—that was why L asked permission. In summing up Ills Worship regretted very much the absence of Mr. Saunders, who, Mr. Purnell said, was unavoidably absent, as the evidence of Mapple was so very contradictory ho would have to dismiss the case. CIVIL CASES. M'Lean v. Lake and Beard. Defendantsapplied to have the case adjournedGranted, with costs. O’Connor v. Lake and Beard. In this case plaintiff had sued the wrong parties ; ho was nonsuited.
Campbell v. Lake and Beard.—Claim, £55 ss. 7d., for chaff supplied. Mr. O'Reilly for plaintiff’; Mr. Purnell for defendants.
R. Campbell sworn, said—l live at. Chortsey. In September last I sold a quantity of chaff to defendants. Did n< t sell any particular weight. Defendants, agreed to give me £5 15s. per ton for all I. could spare. On Sept. 251 wrote a note to deb?ndants telling them I could not. deliver any more at the price. Offered to* deliver the remainder at Mitcham for £6i per ton. Lake and Beard called at mjr place and agreed to give me £G per turn and allow the chaff to bo second «ott. Defendants subsequently made me a payment of £3O on account. Asked them for balance on 24th October. Lake told me he would see Beard about the /iScount. Has not since paid me. By Mr Purnell—Agreed to sell all the chaff I could spare. I said there might: be twenty tons or twenty-five tons. Mr. Lake sworn—Asked plaintiff how much chaff he would have. Told me I could make sure of twenty tons. PljiintittV has delivered only eleven tons : that is: why he is not paid. Did not agree to* give £6 per ton. By Mr O’Reilly—l received no letter from plaintiff'. Saw no bill. Remembered being in plaintiffs stable, and having a conversation about seemm cut. Did not refuse £6 for the remainder.
By Mr Purnell—The extra 10s a ton was for delivery at Lyndhurst. Jarvis Board, sworn—Was present when made the contract wasfor twenty or twenty--five tons chaff, at £5 10s per ton. Plain-• tiff afterwards complained of the difficulty he had in cutting and delivering the chaff,, and wanted £0 per ton for the remainder.. I said we would not be hard with him, as: the chaff was goffd. Agreed to give £6: per ton for the balance of the twenty/ tons.
Counsel on both sides having addressed! the Bench at some length, His Woraiqp said he would deliver judgment nextdbw at Ashburton. The Court then adjournal to Thursday, December 11th. At Ashburton yesterday his Worship gave judgment for plaintiff with cotte
RESIDENT MAGISTRATE'S COURT., Ashburton Guardian, Volume I, Issue 25, 22 November 1879
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