RESIDENT MAGISTRATE’S COURT
ASHBURTON— Tuesday, Dec. 30
(Before Mr. F. Guinness, R. M.) POLICE CASES. BREACH OF RAILWAY RECKTLATIOS3.
Police v. Harper.—The defendant was charged with crossing the Great South Railway line at a place otherwise than an authorised crossing. Patrick M £ Teague, ganger of platelayers, gave evidence. On the 12Ui inst. accused had led a horse across the line, between Kermode street and the bridge, and he had no right to cross the line at that place. By accused—The only damage done was knocking the embankment down. Fredk. Berry, platelayer, corroborated the former witness’s statement.
The defendant, on being sworn, said ho had been in the habit of tethering his horse on the west side of the line, and leading it across at Moore street, which he understood to be a legal crossing, and acknowledged that he bad since seen a notice cautioning trespasaei’s. The Magistrate inflicted a nominal fine of ss. and costs, cautioning defendant that
he was liable to a penalty of LlO for such an offence. A CASE POSTPONED. A case of Little v. Power was postponed for a fortnight to allow of service of summons EURIOUS DRIVING. Police v. Groves—Mr Harris for defendant. Accused pleaded “ Not Guilty ” on a charge of a charge of furious driving in East street.
Thomas Quill deponed that on the 11th instant he saw defendant’s horse and trap going along East street fit a furious pace, and thought tne horse was running away. Defendant pulled up the horse about 30 yards past the hotel, and turned him round and commenced whipping him severely. When he came to my right-of-way he still continued whipping. The horse was going at full speed wnilsfc defendant was beating him. The pace was a dangerous one.
Geoi’ge Parkin, builder, deponed that he saw defendant driving the hoi se at a furious pace, and it was evidently beyond the control of the driver. He concluded at the time the horse had bolted, defendant tried to turn into the right-of-way, but could not pull him up until ho got 30 yai’ds past the hotel. As soon as he turned he whipped the horse and came into the right-of-way at a gallop. Mr. Quill, cross-examined by Mr. Harris —The lionse was going so fast when he passed me in East street that the driver could not stop him. He commenced whip ping as soon as he got the horse stopped, and the horse then went at a pace of 12 or 13 miles an hour, and went round to the back of the buildings. There is a distance of chains from my right-of-way to Peters’Street, and the horse was stopped at that street.
George Parkin, re-examined—l know the horse has been in,the habit of bolting. When he pulled up he was about three chains past the right-of-way, and he whipped him back at a gallop all the way. For the defence,
John Groves stated that about noon on the 11th the horse took fright at the hoardings near Hodder’s and bolted, and I pulled him up by Peters’ Street, and I trotted back to the right-of-way at about six miles an hour. I did not flog him. I went to the back door to deliver the bread, but was stopped by Mr. Quill from doing so. Cross-examined by Sergeant Pratt— Mr. Quill asked me to pull up in the right-of-way. His Worship considered the charge proved, and would fine accused 20s and costs. CIVIL CASES. Saunders Bros. v. Jas. Logan—Claim L 54 18s. Mr. Purnell for defendant. S. Saunders, sworn—At the time this debt was contracted William and Edward Saunders were the members of the firm, and it now consists of Edward and Samuel Saunders. After argument, a nonsuit was granted with costs 21s. ADJOURNED CASE. Worner v. Pender.—John Worner, son of plaintiff proved the delivery of goods. Judgment for amount and costs. DISPUTED WAGES, Parkinson v. Little—Claim L 8 15s. Mr. Purnell for defendant. L 3 Is. 2d. paid into Court. Mrs. Little deponed that she had found the summons in a letter among the bottles in the bar of the hotel. She opened it that night and gave the summons to her husband next morning. To the Bench—lt may have been possible for my husband to have put the letter among the bottles. Plaintiff sworn—l object to the set-off as it is nearly all for drinks served over the bar, and I plead the Tippling Act. I acknowledge tobacco and other items charged cash, boots, &c. By Mr. Purnell—l kept a record of goods supplied to me, but have lost it. I was leading a horse for defendant, and lodging in the house at the time. I think my pleading the Act is a dirty action. I swear I never promised to pay for the score when we came to settle up. Did not neglect the horse I was leading. Little dismissed me for alleged neglect. When I left I did not make and claim. I would then have paid for the drinks. F. Welsman, sworn, gave evidence as to his experience with blood horses. Was a cook at Little’s, but was discharged from the hotel. For the defence, Win. Little produced his books, and de-
ponecl that the drinks wore -supplied to plaintiff and the cook. Plaintiff lived in the house all the time, and was dismissed because h-Csometimcs sapped too long in Ashburton with the horse.
By Plaintiff—The horse b-. 3 travelled 50 miles a day, and is equal to it. I can prove that, you nsalectod the horse. I told, you you were loafing on me. I have. cautioned you about your treatment <f the horse.
Jlr. Purnell qi oted from the Tippling Act, to show that it did not apply to guests lodging in a licensed house. His Worship considered that a lodger or a servant could procure drinks, and that the Act under such circumstances would not apply. Judgment would therefore be for plaintiff for amount paid into Court without costs. OVERDUE KATES. Ashburton Borough Council v. Hodgson —Claim L2 for rates. Mr. Crisp for plaintiff. Mr. Harris for defendant Mr. Harris took several technical objections to the. summons, and a nonsuit was granted on the ground that the description in the bill, attached to the summons was insufficient.
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