RESIDENT MAGISTRATE’S COURT.
Friday, June 25. (Before Mr. F. Guinness, R.M., and Dr. Trevor and 0. P. Cox, JJ.P ) ' ; 8 ' : ' ' VAGRANCY. Charles Rj'al was charged with having no lawful visible means of support. Mr. Branson appeared for accused. • Constable Neill deponed—l remember the 18th June, and on that date went ■ Ygijth Constable Wan ing to a place called tile “ lean-to.*’ I saw the prisoner there with two prostitutes. It was at half-past ten-at night. There were two cabs in front of the house. I heard voices of a number of people in a room inside the house. I arrested the prisoner, and charged him with. -having no lawful visible means of support. Prisoner seemed quite surprised, to leave the brothel. I told him jf he did not come quietly I should use rough means. He then came awaylfcith me. On the way to the watchhouse he took a book [produced] from his had the names of the girls insidM/and accused commenced to tear leavcafrora it. The leaves fell out, and I picked them up. He also took a pack of cards from his pocket and a set of dice. Mr. Branson here entered the Court, and objected to the case going on, as he understood it was to come on at eleven o’clock. His Worship said that the case had been adjourned until to-day from last Saturday, and the time for criminal cases coming on was at 10 o’clock. The proceed. of the girls who were at the lean-to at another brothel. On the 16th inst. I went to the lean-to for the purpose of serving a summons on two girls. Went I went to the front door, prisoner left by the back door, and went in the direction of a house in which he says he lives. On the 22ud May I saw the accused at the brothel, washing dishes, and “ slushing ” about the place. James W. Mcllae, sworn—l am a cabownei’j and sometimes drive. I have known accused over twelve months. About last August he was working in the bush ford Mr. Bossenburg. Accused has been living at the lean-to lately, but has a private pottage close by. I have driven people to the former place, and have seen prisoner there. Have seen persons there whom I understood to be prostitutes. The lean-to is a house of ill-fame. It has been such for about eighteen months. Mr. Bramson —Accused has a cottage. He is a bushman by trade, and I have heard ho owns a cab, but ho has denied the ownership to me. I do not know where he lives. ~ Edward Oughton, sworn—l am a cabdriver residing in Ashburton. Know the accused. He lives at a brothel. I have known prisoner for the last twelve months. About twelve month ago, he was working at fencing, but have not known do any work since, except about the bpothel. Have taken men to the house oh many occasions, and nearly every time I have been there I have seen accused. Edward Ede, sworn—l am a cabman, and know accused, and have seen him at the lean-to, which is a house of ill-fame. For the last three mouths I know he has lived there. By Mr. Branson—l have heard accused owns a cab. It. W. Shearman, deponed—l have seen accused before. He was formerly a laborer, but I do not know what lie is doingatpresent. He once askedmefor work, but 1 refused to give him any ; since then have never seen him do any work. I have turned accused out of my hotel, because he was loafing on men for drinks. James Corrie, sworn—l know accused. Have seen accused at the lean-to. There were about fourteen other men there, when I was there on one occasion, and two or three girls. I broke a pane of glass in the window, and prisoner asked me to pay for it. I refused to do so. On mysolf and others trying to get into a room, accused tried to put us out. James Dalton and James Forman gave evidence corroborative of that of previous witnesses. Constable Warring, sworn Accompanied by Constable Neill I went on the 18th inst. to a brothel on the Alford Forest road. By instructions from Sergeant Felton I have frequently visited the house. The report [produced] is mine. On the 15th May I went to the house. Saw accused there with a number of men and several women. About 11 p.m. on the 23rd May, I visited the house, and again saw accused, there playing cards . with three..other men in a room. I saw accused push a man out of the house. On sth June, at 11 p.m , I again visited the house, when prisoner was also there with a number of men. At the time I went with Constable Neill I saw prostitutes there who had at one time been in another brothel. This concluded the evidence for the prosecution. Mr. Branson said that all the evidence given did not tend to show that the accused had no lawful visible means of support. He would be able to show that he had money to his credit, in the bank, he was the owner of a hansom cab, and had done work for which he was paid. Mr. Branson said he would call J. H. Guy, who deponed that he was ledger-keeper at the Bank of New Zealand. 'Accused had a running account at the bank, and had money there to his credit. The account had been running for three months. John Newman deponed—l am a cabdriver. The cab belongs to accused. I rent the cab from prisoner. I give’ him LI per week for the use of the cab. By Sergeant Felton—l believe accused lives at a cottage on the Alford Forest road. Have driven men to a place called the lean-to. Have also driven prostitutes in the cab. Have seen prisoner in the house called the lean-to: Never had any verbal agreement with accused. Don’t think I was prssent when accused bullied the prostitutes for not riding in the cab. Accused told me if any men wanted to go to the lean-to to drive them there. Caroline M‘Cann, sworn—-The accused lias done work for me, for which I have paid him. The receipts [produced] are signed by accused. By Sergeant Felton —I live on the Alford Forest road. I was on one occasion brought before the Court for being an idle and disorderly person, and discharged, with a caution. I am living in the same uhouse as I was then. When I first came to Ashburton I lived in a tent in the river bed. I am always working at house-work. I keep a boarding-house. S Mr. Branson addressed the Bench on .behalf of accused, arguing that it did not matter from what source the money was obtained, so long as that money was a lawful means of support, and it had been proved from the evidence that Eyal had a credit balance in the bank, he received rent for a cab, and had got money for work done. He submitted the accused must be discharged. u After consultation, Mr. Guinness stated that the Bench considered that the amount in the bank might have been placed there for the purpose of misleading the Court, and as regards the receipts produced they considered they had been concocted. Accused would be sentenced to three months’ ■imprisonment. Mr. Branson said that he should give notice of appeal, and asked his Worship to state a case. Bail allowed —accused in a bond of L2OO, and two sureties of LIOO each. Pending the decision of the appeal, a further charge against Ryal was postponed, on the application of Sergeant Felton. OBSTRUCTING THE THOROUGHFARE. Henry Beckett was charged on the information of Chas. 0. Fooks, that he did on the 12th June last obstruct the
Wakanui road, contrary to the provision of The Public ‘(Works Act,. 1876. Mr. Purnell for the prosecution, Mr. O’Reilly for the defence. John H. Baker, sworn : I am Chief Surveyor of the Canterbury district. I produce the Government Survey Map of roads in the Wakanui road district. The road running through section 20485 was laid off under my instructions by an assistant named Seaton, on or about August, 1878 ; the section was bought in April, 1874, I believe by the accused. By Mr. O’Reilly—l cannot tell when section 16686 was surveyed—it must have been before January, 1877. It is usual when a section is surveyed to put the numbers on the pegs. Mr. Chalmers returned his report in 1875 as having surveyed the section in question. Charles C. Fooks deponed—l am clerk and surveyor of the Wakanui Road Board. About the latter end of January I first became acquainted with’the fact that the road was obstructed. Complaints were then made to that effect. I know the road, and had visited it before January. In 1878 there was no building on the place in question. 1 do not know whether the road was marked on the ground in 1878. I first saw' the building on the ground about the end of January. I will swear the building is on the road as inai’ked on the map. Beckett has told me that he owned the building on the road, and did not intend to remove it until compelled. Acting under instructions from the Road’Board, I have written to accused, asking him to remove the building. The Board have instructed me to take proceedings. I have been Clerk to the Road Board since its formation— August, 1879. The Board has never given permission to defendant to put an obsti'uction on the ground. Section 16686 belongs to Mr. Earle, who is a member of the Board. I cannot say whether Mr. Earle is the only person who requires die road. For the defence, the accused, Henry Beckett said that when he bought the section there was no road laid off. He saw Mr. Seaton, the surveyor, come there on the 23rd August,. 1878. The road was marked off on the map in 1875. The land was bought in April, 1874, and accused said that the road was not marked off until the year after. Was burnt out last year, and as there had been a deal of dispute about the road, built upon the road to settle the dispute,’ and partly because it was more convenient. Took counsel’s advice on the matter. By Mr. Purnell—At the time I bought I received a right to occupy. 1 did not know at the time of purchase that there was a road marked through the ground. I did not know that when a license to occupy is given, the Crown reserved the right to put a road through the property. I have sunk a well in the road. Mr. O’Reilly submitted that the action of defendant was first caused by the conduct of the Ashburton Road Board, who had told the defendant and his neighbors to fight out the matter amongst themselves, and on taking legal advice he had taken the action. His client purchased the land and had no idea that any one had the right to put a road through the land. After once buying the land, he had no idea of anyone presuming to put a road through it. Mr. Purnell said that the defendant had admitted the offence, and all that had been said only tended to obtain a mitigation of it. He w'ould press for the full penalty of LlO. The” Bench inflicted a fine of ss. and costs L 3 3s. in the case. A month would be allowed for accused to remove the building, and for every day beyond that, on which the building remained, a penalty of LlO per day would be inflicted. ALLEGED SLEEP STEALING. Benjamin Corrie was charged with having, in the month of May, stolen and driven away from the sheep farm of Frederick Tooth, Alford Forest, managed by Mr. L. E. Oorsbie, three sheep, the property of Frederick Tooth. . Inspector Pender appeared for the prosecution ; Mr. Ireland for accused. L. E. Corsbio deponed—l am manager of the Alfo.d Forest Station. The property belongs to Mr. Frederick Tooth, of New South Wales. 1 know Corrie. He manages a farm belonging to Mr. Denis Hoare. It is a run for sheep. The two properties adjoin one another. Mr. Tooth’s brand is T.O. The earmark is a tip and a slit on the near ear. The slit is down the centre of the ear. A back notch is put on the off ear. Those earmarks are for ewes, the opposite sides of the ear being for wethers. The earmark for Iloare’s sheep is the fore-quarter taken out of each car for all classes of sheep. I mustered the sheep last on the lOthuVlay. I then went through the whole of the sheep and lambs. There were then a good many ewes and lambs missing. The earmark is the only one for cross-breds ; I use another earmark for the merino ewes They are marked similar to the others, but there is no bach notch on the off ear. I had a conversation at one time with the accused about some sheep being missing, in February last, and one also in January. During the conversation I complained that a good many of our sheep had been shorn by Hoare, and that a good many were missing from the run. On the 28th January, I drew Corrie’s atention to the fact that he had neglected to earmark seventeen lambs for Mr. Tooth. The lambs, with the ewes, were in our yard, marked with Hoare’s mark. Corrie was present and saw the seventeen lambs. Corrie knows our brand and earmarks as well as I do. The accused has assisted us in drafting, on which occasions strange sheep are thrown out. On the 23rd January accused was shearing, and I was present. Some of our sheep were among Hoare’s. I knew them by the earmarks. I pointed them out to Mr. Hoare and accused. I pulled out some of them. In February Corrie told me that their losses were heavy too. Corrie has been in charge of Hoare’a run for about twelve months. There is no possibility of our earmark be : ng mistaken for Hoare’s, nor Hoare’s for ours. I have seen two lambs and two two-tooth sheep outside the Court. They are three-quarter bred sheep. One lamb is a nearly pure-bred. Hoare never had the same class of sheep to my knowledge. His sheep are merino ewes and twortooth cross-breds. A person ac quainted with sheep would distinguish the two kinds of sheep easily from the difference in the wool. The sheep outside belong to Mr. Frederick Tootji. The three sheep outside the Court originally bore the earmark as described on exhibit A. The fore-quarter has been since taken off each ear, and produced a mark on them similar to Hoare’s. There is sufficient remaining of the original mark to enable me to swear that Tooth’s mark was there at one time. I should think the alterations were made about the end of April last. My attention was drawn to these sheep on the Ist June, They were then in my stable, in the charge of M‘Konzie, the shepherd. They had then the same earmarks as are on them now, with the exception that they were less healed. One of the three sheep has Hoare’s earmark on it. The mark is quite distinct, but I cannot tell how long it has been put on—not more than two months. I identified the sheep as belonging to Mr. Tooth. Never sold any sheep to Hoare or Corrie, nor have I ever sold any lambs of this kind of sheep to anybody. Cross-examined by Mr. Irelaiid—There is a boundary fence between the two runs. My sheep can get on to Hoare’s|run, and have been impounded off Hoare’s run. Macfarlane, who took them, told me so. My sheep have not been impounded off Hoare’s run more than once. My shepherd M'Kenzie knows the I earmark. Have had no notice of toy sheep trespassing on Hoare’s ground before I this case
commenced. The police got the sheep now outside the Court from me. I brought them from Alford Forest homestead. I suspect that accused took the sheep. The sheep were cut and tailed by me, and my shepherd, and the shepherd found them in Corrie’s yard with the earmarks altered. There was a sale at Hoarc’s on the 20th of May, I knew of the sale by advertisement in the public, papers. I attended the sale. Ido not know that M‘Kenzie got notice of the sale. I went to the sale to buy. No sheep were offered to sale.
By Inspector Pender—Hoare resides at Tirnaru, and is not frequently at the run. By the Bench —I did not get notice from Hoare, nor from any one that Hoare was to muster ids sheep—not within three months of this date. I got no notice from Hoare to attend the sale and pick out any sheep belonging to me. John M'Kenzic, shepherd in Mr. Corsbie’s employ at Alford run, sworn, said he had been on the run for three years, and knew all the earmarks in use, and all the boundaries of the estate. Knew Hoare’s run thoroughly, and all his earmarks. The exhibit marked A is a fair representation of the earmark used by Tooth for crosl-bred owes. Exhibit B is the earmark used by Tooth for all his sheep. I have mustered Hoare’s sheep twice with Corrie, the last time on the 27th of May, the first time three weeks previously. Corrie knew the earmarks used by Tooth. I was at Hoare’s on the 29th May ; both Hoare and Corrie were there. The sheep were being drafted, and the strange sheep picked out. We picked out 77 strangers —mixed sheep—by their earmarks. Sixty of them were Mr. Tooth’s. Three of the sheep in the cart outside the Court were amongst the sixty. I claimed them as Tooth’s from Hoare. Some was there at the time. I claimed them by the earmark which was Tooth’s, but they have now both ours and Hoare’s oh them. The exhibit G shows the way the sheep were earmarked when I found them in Hoare’s yard. Our earmark is the older. I have no doubt in my own mind about that. I should say Hoare’seannarkonthose sheep was not above ten days old on the 29th May. I took the sheep to Alford station, and they were sent on here. I have no doubt about these lambs being the same. The two earmarks are not a bit like each other, and could not be mistaken by any one -who knew about sheep. Corrie has been shepherding to my knowledge for eighteen months, andhe ought to know about sheep. Corrie has been managing for Hoare, who was not frequently on the run. By Mr. Ireland—A few days before 27th May last, I met Corrie, who told me. he was to muster on that date. I attended the muster, and the sheep outside were amongst the mob—three of them. I picked them up on Hoare’s run, on which Tooth’s sheep could easily get. Olissold left a few merino ewes, Hoare brought some more merinos, and Clissold left some cross-breds. Ido not know where Clissold’s sheep came from. He was the proprietor previous to Hoare. The sheep outside are cross-breds and one merino. Hoare might have a few sheep ot the same kind as those outside. Neither Hoare nor Corrie refused to allowed me to take away the sheep when I claimed them on the 29th at the drafting. I never saw any of the second cross among Hoare’s sheep belonging to Hoare. I could not distinguish between a half-bred and threer quarter bred sheep. Mr. Tooth’s sheep stray upon other runs besides Hoare’s. Andrew M’Farlane, farmer, Alford Forest, sworn—l keep some sheep, and I know the Alford run sheepand Hoare’s, and know their different earmarks. They are totally dissimilar. I - know Corrie intimately, and he knows Tooth’s brand and earmark as well as I do. He has been often about the yards. I was at Hoare’s on the 29th of May, when M‘Kenzie claimed some sheep. He claimed three, but took away four—one he wasn’t sure about. Of the four outside, three came from the yard, taken away that day by M'Kenzie. 1 have seen the sheep—they have had a new earmark put on, which was quite fresh. There was an old one on too which was Tooth’s. The new earmark represented Hoare’s. It was quite recent, and tho blood was quite fresh. Corrie said he knew nothing about these sheep. He said this in answer to both myself and M'Kenzie, and I replied that it looked very suspicious. I have known these runs twenty years. The sheep outside are two lambs and a hogget, which are three-quarter bred. All Tooth’s sheep are similar to these, and Hoare has none except what have been wrongly marked by Hoare and belong to Tooth. I have no doubt, whatever, about this. Tooth’s sheep stray on my place and on other places. All sheep-owners and shepherds up in the Alford district know Mr. Tooth’s brand. Accused on being cautioned, declined to make any statement. Mr. Ireland addressed the Bench for the defence, stating that the charge was a serious one, but one that could be very easily made. He contended, however j that there was not any evidence agaiusj; the accused. The ghpep in question belonged to a flock that coijld stray at their will over all the neighboring runs, and every piece of evidence brought before the Court had been only presumptive, and it was quite probable that these earmarks had been tampered with by others who might have a spite or grudge either against Hoare or Corrie, He asked that the gase be dismissedDennis Hoare, stationowner, Alford Forest, sworn, said—l know accused who has-been manager of my run. I have seen the sheep outside the Court. I have sheep like them. I have merinos and cross-breds. I was not oh the run at the last muster, but I know when the sale took place. M'Kenzie and M‘Far lane both went through the sheep on the day of the sale at my request, and took the sheep that belonged to them. I can’t say that I noticed the sheep nowin the cart on the day of the sale. lam not on good terms with my neighbors, and I have lost 1,300 sheep since I went up there. I believe Con ie to be honest anttTumorable, and I don’t think he would put my earmark on sheep that were not mine. By Inspector Pender—l had three-quar-ter-breds on the run, which I bought off Olissold, and I swear that I have had a similar class, of lambs to these on my runs. I do not know sheep so thoroughly that I cpuld distinguish different classes of sheep, but I feel assured I have had the class of sheep. I never told Corrie I would hold him responsible for the sheep he lost. The earmark on the merino outside js miqe, arid I think the shegp is mine—the others are similar. I do not know Tooth’s earmark. My earmark on the sheep outside is more recent than the others that are on. Corrie was acting without my authority when he earmarked sheep that did not belong to me. His Worship said there appeared to him to be aprimafacie case against accused, and it was a case which he would not undertake to decide, therefore he would refer it to a jury, and committed prisoner to trial, bail being allowed in L2OO, and two sureties of LIOO each.
The Court then adjoux'ned till this morning.
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