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RESIDENT MAGISTRATE’S COURT., Ashburton Guardian, Volume 1, Issue 141, 19 August 1880
RESIDENT MAGISTRATE’S COURT.
(Before Mr. F. Guinness, R-M.) : Tuesday, Aug. 17. ■ . . BOROUGH .BY-LAW. CASES.; Charles Arnold, a mah.employed by Miv Lancaster, charged with driving sheep through the township without permission, was lined Is. a trotting match. ’ Charles Physick and James Appleton were charged on two informations, with furious driving and obstructing the thoroughfare in Moore street. The charge of furious driving was heard first. Physick stated ; that he and- his co-offender were riding a trotting match, but as the pace at which the horses were going did not exceed six miles an hour, he certainly did not think they could be accused of furious •riding. Under auy circhmstances'trotting could not be called furious riding, lio matter how fast they went. His Worship disagreed with the statement, as, if a horse were trotting at the rate of twenty miles an hour it would undoubtedly be furious riding and dangerous to life and limb. - Physick remarked that trotting at such a pace was confined to America. Thomas Toppin gave evidence that he was present and held the stakes on the day when the trotting match occurred; The horses were going at about eight miles an hour. ' •* . • .
His Worship said he did not consider there was any by-law to prevent a trotting match taking place, and as the evidence did not show there was any furious riding ho would dismisstliecase. ; /
The.charge of obstructing the thoroughfare by riding a race in Moore street was then hoard. : ” " ' '
Francis Doherty remembered his' horse being ridden in a trotting race; . The horse was being ridden against Mr. Wilkie’s horse. The race was from the Royal Hotel to Dr. Trevor’s and back again. He and two or three others rode with the racing horses. The pace was about six or seven miles an hour. A number of people „ congregated around the hotel. There was no obstruction caused by the horses racing. My horse won. There was not a great crowd at any part of the road. By Physick—There were a number of people around the hotel at the time we started. No one knew beforehand the race was to bo run.
Constable Neill remembered seeing, on the date of the offence, a number of people congregated in the yard of the Royal Hotel, and also on the footpath opposite. By Mr. Physick—There were a number of people in. the yard. The hohse’is called an hotel.' ‘ Cannot : say whether the crowd were there l for drinks.; , His Worship did hot think the information could be sustained. He deprecated the conduct of the accused in racing in the public streets, which was decidedly improper, but would dismiss the case. CABBIES IN TROUBLE. George Appleton was charged with driving a cab, he not having a license. Appleton stated that in consequence of M‘Rae, the owner of the cab, having to go from Ashburton, he had consented to drive the cab for him in the meantime. J. W. M‘Rae stated that a relative of his having met with an accident in Timaru, he had to leave for f hat place, and on the understanding that when an accident, occurred lie could get a* driver for twenty-four hours, he had engaged the accused. Witness had obtained permission from the Town Clerk. Constable Neill; gave evidence that to his knowledge accused had been in cbai’ge of the cab for twenty-five hours. His Worship fined the accused Is. Edwin Bartlett was charged with driving a cab without a licence. Accused said he had applied for a license and paid for it, but had not received the license, and this he thought was sufficient authority. Constable Daly deponed that he saw the accused driving a cab at nine at night on the 11th. Mr. Braddell, Town Clerk, produced the application of the accused for a license, which had been put in before five o’clock on the 12th. His Worship dismissed the case.
James M'Rae was charged with plying for hire in front of the Somerset Hotel, such not being a cab stand. His Worship gave a decision that any part of the Borough could be used to ply for hire, and dismissed the charge. ‘ James M'Rae was charged with leaving a cab, without locking the wheels. ; Accused admitted the offence, but did not consider it necessary, as it was never done in any other borough that he knew of, either at Home or in the colony. Fined ■ IS. , • . James M‘Ra,e was charged ‘with 1 leaving a horse and cab in the middle of East street, and thus obstructing the thoroughfare. Accused plead not guilty. His Worship thought the intention of the byelaw was to prevent any building material or, any thing, ofa , like nature being. in a thoroughfare. Constable Neill gave evidence that the cab was certainly obstructs ing the thoroughfare at the time the offence was committed. The charge was dismissed. THE ALLEGED TREE THEFTS FROM THE , , DOMAIN. . Thomas Nolan and Jeremiah Heffennan were charged on four informations'with larceny of trees from the Ashburton, Domain. , Mr. O’Reilly asked that the informations be heard separately, but his Worship, .disallowed the application. In answer to Ids’Worship, 1 Mr. Purnell said it was intended to proceed against the accused summarily. ; eA , • Mr. O’Reilly asked that the accused be tried separately, on the ground .that Hefferman was simply a lodger with Nolan, and it was his intention to. call; Nolan as a witness to verify that'statement, which he could not do if the prisoners were tried conjointly. After argument, his Worship disallowed Mr. O’Reilly’s application. Mr. Purnell read the clause under which the information was laid, and, called H. W. Oharleton, caretaker of the Ashburton Domain, who said the trustees of
the Domain were Dr. Trevor, Mr. John Grigg, and Mr. Edward Saunders. 1 am employed by them, and have been in their employ for about three years and , three months. Have missed numbers of trees. The first lot taken was on the 7th of July. I missed them on the Bth. The trees taken on that occasion,, were an euonomous, a cypress, an Irish yew, two laurestinus, and two pinus insignis ; there were also two small shrubs, and some others—various kinds of pines. Seventeen shrubs altogether were taken. I average their value at Is. each. The next time I saw these trees was on the morning of the 9th of this month, in a garden ,on the other side of the East Belt. On the night of the 23rd I missed some more trees. They were taken on the night of the 22nd. There were twelve macrocarpa and four pinus insignis taken on that occasion. I valued them at.ls. each. . Next saw the trees in the same, garden, and at the same time. The next lot were taken on the night of the 27th;of July. I missed them on the,2Bth. Thirteen macrocarpa and two pinus insignis were then taken. I also value them at Is, each. Also saw them in the aforesaid garden. Missed the fourth lot on the night of August 7 : eighteen macrocarpa were taken on that occasion. The average value of these trees was Is. each, and I saw tlierd also in the garden before mentioned. On Sunday morning, the Bth August, I was walking around the Domain,. Mr. Oookson came to me and asked me if I had missed any ; trees. I told him I had .missed .eighteen during’ the last ’ night.- He said his son had picked up one opposite Lucas’ boardinghouse. Cooksori, Constable. Daly and myself; went to Cookson’s to see the tree. The tree was a macrocapa. , I recognised it as .a Domain tree. Taking into account the position of the Domain and the garden where the trees were found, ilie macrocarpa was found in a straight line to accused’s residence. On Monday morning I: wdnt down tp .the garden' which 1 -I , halve mentioned before. From the : road; I recognised some of the trees which had been stolen., Then went and got a search warrant. ‘ Constable Neill went with me and we executed the warrant. We went to the garden. Constable Neill read the warrant to ;the accused, who; were about the house. They said we could .search away. I recognised a inatipb,' an Irish yew, a cypress, a - euonomous,.' arid ftvvo laurestinus. These were, the trees I mentioned in the first part of my evidence. T recognised a lot of trees oh each Side of the garden, principally macrocarpa. I recognize the cypress . produced,, by marks oh it which were cht by myielf, and it was. a tree I took a deep interest in. It was the only one I had ih the Domain of the kind; The growth of the tree is also peculiar. The two pinus insignis produced were stolen , last earj but I recovered them:; iXeuf; it as marked last year,; and also recognise it from a peculiarity in its growth. Have seen them nearly every day in the ‘Domain. The cypress was stolen on the 7th July. I missed two laurestinus and found only two in prisoners’ -garden. When I first saw them; they corresponded with similar ones in a bed of trees in-the middle of" the Domainj which was part of the plantation, There is ro doubt, in. my mind that' the 'trees are the ones which were stolen on the 7th of ,Juiy. Cannot” swear, to -the ..Irish yew’ produced. I missed one, and I only found one in prisoners’ garden. It-is exactly,the same as the one I lost, but 1 cannot swear to it, as there' was (no mark. The inatipowas stolen on the 7th, and T found one in the prisoners’, garden, in- a -withered- state on the Bth of-August. It was the bushiest tree of the sort in the bed when stolen. These trees are hard to The one produced has been pulled up.by the roots. A practical gardener would'Tiot take it up in that way. A tree of this kind is likely to . wither in an; :endqayor to transplant it. r I recognise the euonomous produced. The tree waS stolen on the 7th. Constable Warring found the tips of the tree broken off, and lying on, the rground two days after the tree was stolen, and they correspond with the broken places on "the one now produced.' r;. Therpf are pecularities about; the tree,, and I had only transplanted it last winter. There were n o macrocarpa stolen on the 7th of July. On the 22nd July twelve macrocarpa and four pinus insignis stolen. Four pinus insignis produced are similar to those stolen oh 1 the night l of/the 22nd, The macrocarpa stolen, excepting three, had been growing by a wire fence. Have examined the trees and they have the wire marks on them.' All the trees show signs of having been torn up by the roots. Constable Neill took up the trees,apth a spade in my presence. The’roots were not broken then; • The ground was sqft. A gardener in taking up a tree for transplanting would cut off the roots.' ' A gardener always cuts the roots off about two months prior to transplanting. 1 • have missed forty-three macrocarpa in all. * We.took thirty-nine from the garden. We left one behind us, as we had some doubt about it. The; Domain Board’bought‘ all the macrocarpa and pinus'insignis from Sealy Bros. The cypress, Irish yew, and others, came from the Christchurch ' Domain. Some of the trees which I found in prisoners’ garden had been there for a month or more, as they were'changing color. ■ ’ ■ ■ ’ ■ • , By Mr. O’Reilly—lt would" be'a-very uncommon thing for a man to pull macro* corpa trees itp by the roots." Recognise the pinus insignis ‘ .produced : as being taken away on the 27th July. • It would be very improbable for other trees to be marked like the one produced. •; Tt is quite possible for -other persons to-mark trees- like this one; ■ Should-be very • 1 much- surprised if that tree came (from Timaru. ■ * *' v ■ John Simmonds, gardener, recognised the pinus .insignus. Charlton had drawn his attention to it in the Domain before it waS stolen, and also to the other which was of peculiar growth. • / ■ Constable Neill remembered executing a search warrant-on the premises :.of the accused on the 9th of this month. Mr. Charlton went with.me. Both,’,prisoners were in the house,-and I read the search warrant. Found; : the trees . . produced planted in . the/, garden* excepting one, which was standing behind the house unplanted; X dug the trees up carefully.
The ground was soft, and I did not injure the roots. Charlton identified the trees in the presence of myself and accused.
He did not hesitate about most of them.
As soon as. we went inside the gate, Charlton identified one of the' trees as having been stolen last winter. While digging up one tree, Charlton pointed to another one, and said that if'the roots on that tree werethe same as those we were .digging up, ho could swear to it coming out of:the .’Domain. Nolan. said, yhen I arrested him, that he had got the trees : froin: Timaru. Hefferman said he had only been staying with Nolan for,' about a month, and lodged with'Nolan, j* ; Edwin Morris-deponed that .he was an engine-cleaner, ; and lived about,tsix or seven'chains from the prisoners’residence. Have noticed both of them lately engaged in planting, trees.; ~.1 first noticed them doing so about a month ago. . Have seen .them planting, off and o;i, , nearly every day. It did not attract ,my : attention at the'time ,;but afterwards I made a communication to Mr. Charlton. ...Oh.Sunday week the accused were .planting trees in the same section. Cannot .say. what kind of. frees they were. . If.;was!' about a quarter . ~to one , when ..they were planting the : trees. Heard .on. Monday morning that trees had been lost from the Domain, and spoke to . Mr. . Charlton. Never spoke to the men, that lam aware of. Accused: have been living in the house for about six Weeks or two mouths.
Cannot say whether anyone'lived ; in the house prior to the accused; comipg-, there.
Bartholomew Hughes, sworn, said he knew the accused, who lived next door to witness. Have seen Nolan planting trees. I believe Hefterman was helping him on one occasion, about five weeks ago. They were planting then, I think, pinus insignia, the kind like the one produced. Edward Sealy, sworn, said he was a nurseryman. The trees produced appear to have been lifted in a very careless man ner. A nurseryman usually cuts the roots with a spade some time before the trees
are transplanted. The macrocarpa produced appear to have been growing near a wire fence. To the best of my belief have seen the pinus insignis produced growing in the Ashburton Domain. Noticed the peculiar shape of the tree. Eugene Sullivan, called for the defence, said he had no fixed place of residence. Came from Timaru last. Saw Nolan at Timaru about the beginning of July. He said, “ Well, mate, you’re selling trees ?” I had a bundle of trees tied up with flax at the time. Nolan asked me i? I would sell them. Nolan offered to give me eight bob for them. I told him they were worth L2O. I told Nolan I was going to plant the trees at Kane’s, Pleasant Point. He said that Kane’s horses would break them down, and he would give me eight bob for them. I let Nolan have them for Bs., and he went away. They were macrocarpa, Scotch fir, and kauri gum trees, and some strawberries. Nolan objected to take the strawberries. A mate of mine named Tom Jones was living at Timaru. I lent him L2C about 18 months ago. Jones gave me some trees in payment for the L2O. Jones brought me a second lot of trees. When Nolan bought the first lot he said he would be back in about a fortnight for some more, but he did not come, and I left them for him when he should call. In three weeks he got the second lot, which were like the former, only there were no strawberries. The trees produced are the same color, as those which I sold Nolan.
By Mr. Purnell—l first saw Nolan about half a chain this side of the Timaru railway station. There was no one with me at the time. There were about sixteeen or seventeen trees in a dray of Jones’. I was taking the trees to the railway station. It was my intention to plant the trees on Kane’s land at Pleasant Point. When I heard that the men were arrested, I was at Acton station. A man named Evans first told me that prisoners were arrested. Don’t know where Evans is. Expect he is at the Rakaia. Have been in Ashburton since Friday night. Heard that Nolan was sending to Timaru for me, and that was the reason I came to Ashburton. Thought my name was mentioned in Court on a previous day. I think there were thirteen trees sold to Nolan on the second occasion. . I left them near a tent, because Nolan did not come up to time.
By Mr. O'Reilly—l saw Davy Evans on Friday last, at about eleven o’clock in the morning, at Acton station, and he told me that Nolan and Heflerman were imprisoned for “ some blooming trees.” I told him I had sold Nolan some trees in Timaru. Evans said that if I was to act honest, I should go and tell it, or else the police might be after me. On coming to Ashburton, went to a draper’s shop, and saw the clerk, Johnny Doyle, and he asked me if I knew Hofferman, and I told him I had sold trees to him in Timaru. Evans first told me about the telegram. Before counsel addressed the Bench, his Worship said he would like to call on Dr. Trevor to give evidence to show for what purpose the Domain was set apart. Dr. Trevor, Chairman of the Domain Board, said the Domain was set apart for the purpose of a public domain and recreation ground. Mf. O’Reilly addressed the Bench for the accused, and after Mr. Purnell’s reply, His Worship said the evidence against the accused was, in his opinion, very strong. The evidence fur the defence was weak and confused, and after reviewing the testimony of Sullivan, his Worship said he could certainly not put any reliance upon what he had said. Referring to Heflerman, he had on two occasions been seen planting the trees, and hence was a participator in the crime. The fullest sentence of the law would be inflicted—namely, a penalty of L 5 for each information.
Mr. O’Reilly asked to be allowed to bring evidence with reference to Hefferman’s position in the affair. Denis O’Reilly, sworn, said he knew Heffernan, .who had been lodging with witness when out of employment, at Bakaia. When leaving Rakaia, ’Hefferman said he was going to Ashburton because it was a better place for work. He is a thoroughly honest man. By Mr. Purnell-—Hefferman lived with me on one occasion for a period of six months. I live at Newtown, and live by my honest work. I have been living at Newtown for the last five years. Charles 0. Hardy, sworn —I am a storekeeper residing at Rakaia. Have known Hefferman for a considerable time. Have given him credit for goods he has had from me, and always regarded him as a perfectly honest man. Prisoners were asked if they had any statement to make.
Nolan said Hefferman had been living with him for the last six -weeks. He extenuated Hefferman from any guilt in connection with the crime. Nolan said he had been three years and a half in Ashburton, and had never been in the hands of the police before. Hefferman admitted helping Nolan to plant the trees, but as he understood they came from Thnaru, did not consider he had done anything wrong. His Worship said that though the evidence regardingcharacter would weigh with him, vet it did not remove the fact that Hefferman was a participator in the crime. Hefferman would be fined L 4 in all, costs T.l 18s., or fourteen days’ imprisonment in default on each of the informations. Nolan would be mulct in the highest penalty that could be inflicted, namely, L 5 for each offence, and costs LI 18s. - total L2l 18s.—or in default two months’ imprisonment on each information. CIVIL CASES. Little v. Williamson.—Mr. Branson asked for a judgment summons to be issued in this case, as the articles for which the debt had been contracted were obtained by fraud.—Granted. Mutch and M'Kenzie v. Armstrong. — Claim L 8 95., for board and lodging. Judgment by default for amount, and costa 11s.—Immediate execution granted. Same v. B. Buchanan. —Claim LI on a dishonored cheque. Judgment for plaintiff by default, with costs 7s. Trickett v. M'Donald.—No appearance. In a cross action, Ireland v. Anstec, and Anstee v. Ireland, judgement was given for Mr. Ireland in both cases.
RESIDENT MAGISTRATE’S COURT., Ashburton Guardian, Volume 1, Issue 141, 19 August 1880
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