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RESIDENT MAGISTRATE'S COURT.

RAKATA, DECEMBER 9th, 1880. (Before Mr. N. Wood, 11. M., and Messrs. D. G. Holmes and B. S. Coster, J.P.V). STRAY CATTLE. Walter Hartnell was fined 5a., and 7s. costs for one cow found at large in the town. V7m. Kemble—four head of cattle at large, fined 10s, costs 7s. Win. Doherty— one cow at large, ss, costs 7s. John Boucher —two cows, 55., and coits 7s. Charles Lake—lo horses straying on Railway terrace east, fined 10s., costs 7s. Charles Lake, jun.—four horses, fined 10s, costs 7s. A COW ROW. Lake v. Sharp—Claim L 5, damages for an assault said'to have boon committed by defendant. For the plaintiff, Dr. Foster ; Mr. Ti eland for defendant.

There was another case of assault between the same parties, and by consent of counsel His Worship decided to hear them both together. Charles Lake said —I am plaintiff in this case. I have a son named Edward Lake. On the day mentioned in the summons he was out in my paddock. I heard a noise from my place. I saw my son Edward, Thomas’ Hogan, and Mr. Sharp in the paddock. There was a row going on. I wont out to where they were. The row was over when I got there. I saw nothing of the affray. My sou was there when I got there. ’He was leading the pony. Edward Lake said—On the day in question I was in my father’s paddock. Saw Mr. Sharp in the paddock. His cow was in our paddock. Thomas Hogan was on our pony driving some horses out of the paddock. Mr. Sharp sang out to Hogan that he would pull him off his horse if he (Hogan) did not leave his (Sharp’s) cow. alone. Hogan was driving the horses, and the horses were causing the cows to run about. I told him to leave Hogan alone. Sharp then came up to me with a stick and said he would show me what he would do to mo. Sharp caught Hogan and pulled him off his horse, and he fell under the horse’s feet. I caught the pony tliat Hogan might get clear of him. Sharp then seized me by the throat and held me till I was nearly choked. I said nothing to Sharp at the time. Hogan made Sharp let me go. Ho said nothing to Sharp. By Mr. Ireland —I said nothing to Sharp. Will deny it if he says I did. Hogan was riding the pony when Sharp pulled him off. I was close by, but said nothing . I caught the pony when Hogan came off. Did not pull off one of the stirrup leathers from the saddle. Did not leave one in my hand. Did not threaten Sharp with a stirrup leather. Hogan was standing by me when Sharp seized me by the throat ; he made Sharp let me go. He pulled Sharp away from me. Hogan caught him by the back. Hogan did not strike Sharp with a stirrup leather. Sharp used bad language to me. I said a few things to him ; I suppose they were not very good. Hogan was driving horses out of the paddock. There were cows among the horses. They were not going very quietly. I know Sharp has one cow; Ido not know whether he has more. His cow was in the paddock. Heard Sharp call out to Hogan to leave the cattle alone, or he would drag him off his horse. The paddock is not iny father’s own property, it is a Government paddock. Sharp’s cattle have been there before, and they have not been driven off. Thomas Hogan said—l am in the employ of Mr. Charles Lake. On the day of the assault I was sent by Mr. Lake to fetch a mare and foal from Mr. Lake’s paddock. Mr. Sharp enme up to me and said, if I did not leave the cattle alone he would pull me off the horse. I did not threaten him with a stirrup leather. By Mr. Ireland—-I did not strike Sharp’s cow. I was about 150 yards from the cows. Ido not know Sharp’s cow. I could not say if Sharp’s cow was in the paddock. I said nothing to Sharp. Sharp pulled me off the horse. Edward Lake caught the pony when I came off. A stirrup leather came off with me when I fell. Lake did not touch the leather. When Mr. Lake, senior, came up the row was all over.

By Dr. Foster—My shirt was torn in pulling me off the horse, and this stick (stick produced) was broken on mo. Sharp brought the stick on the ground when he came. The stick was partly broken, and in taking it from'Sharp I broke it completely, that he should not strike mo with it again. He struck me with it three times.

0. Lake, senr., recalled by Dr. FosterOn my way to the paddock I met my son coming back. He said, “Father, I was never so near dead before.” When I got where Sharp was I took off my coat and told Sharp 1 thought he was more of a man than tight with a boy. I said, “Come on and fight an old man. Sharp abused me shamefully. By Mr. Ireland—The row happened about noon. I had been about the place all day. I was perfectly sober, and remember all the circumstances.

J. N. Sharp said—l am defendant in this case. On the day in question I was passing by the Government paddock when I heard the cracking of a whip. I looked over the gorse fence and saw young Hogan galloping the ccws about. He had a loaded whip. I could not say whether he struck my cow. M3 7 cow was there. Edward Lake was in the paddock, lying under a fence. . I asked Hogan what he was doing. He told me to mind my own business, and tried to ride me down. I took hold of him and pulled him off his horse. Edward Lake then snatched off a stirrup leather from the saddle, and threatened to dash, out my brains. 1 pushed him away and he fell to the ground. I don’t remember catching him by the throat, but it might have happened in the excitement of the moment. Hogair struck me. Old Lake when ho came up pulled off his coat, and put his fist into my face. He was the worse for drink. We are not by .ana 7 means on friendly terms. By Dr. Foster—l had ho stick in my hand at the time. I picked one up in the paddock. When I pulled Hogan off the horse I was interfering to prevent the cattle being driven off the land they have been running or for several j 7 eara past. B. J. Westbrooko said—l was at Mr. Sharpls house on the day of the assault. Sharp looked out of the window and said, “ There's that buy driving the cows again. ” He went out to the paddopks. I went into the , garden, and Mrs. Sharp asked mo to go and call Mr. Sharp home. Saw Mr. Lake there. He was very excited. It might have been from passion. His Worship said in his opinion there had been no assault proved. He would give judgment for defendant in both cases. Costa in one case, one guinea. MORE OF’ IT TO COME. Lake v. Sharp—Claim LSO, for damage to fences. Dr. Foster for plaintiff, Mr. Ireland for defendant. ' .. Chas. Lake said—l am plaintiff in this case. About a month ago I saw Mr. Marsliman, Chairman of the Waste Land Board. I asked him whether there was any possibility of leasing the unsold sections near my place, as the land is very valuable for the feed there is on it. Mr. Marshman said the land could not be

rented, but there was nothing to hinder anyone from fencing it in. By Mr. Ireland—l have been occupying the land for a month. Other people’s cattle have been running there. At this stage the case was adjourned to Thursday, 13th January, without costs. THE UNFORTUNATE PIANO. In the case of Clark v. Fear-son, heard last .Court day, his Worship now gave judgment, nonsuiting plaintiff, with costs.

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Permanent link to this item

http://paperspast.natlib.govt.nz/newspapers/AG18801210.2.14

Bibliographic details

RESIDENT MAGISTRATE'S COURT., Ashburton Guardian, Volume 2, Issue 213, 10 December 1880

Word Count
1,380

RESIDENT MAGISTRATE'S COURT. Ashburton Guardian, Volume 2, Issue 213, 10 December 1880

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