RESIDENT MAGISTRATES COURT.
ASHBURTON.— 'jV-da'-. (Before Mr. Nugent Wood, R. M. Martin v. Sycamore—Claim 020, for trespass. Mr. Branson appeared for plaintiff, and Mr. Wilding for defendant. Charles Martin, farmer, Winslow—Saw defendant on my land on the sth January, at a quarter past nine in the evening. He was leading a horse. I had warned him before not to trespass on my land. On this occasion I asked defendant what he was doing there, and he replied ‘ ‘ What the devil do 1 care for you, or any one else i” After further words, I asked my servant to fetch a chain to fasten the gate. Sycamore said he would go through the fence. Defendant took Tiis coat off. 1 subsequently let him go out on the understanding that he had fastened his horse. When he got outside he called me “a mean little devil. ” The'father was outside at the time, but came in and pushed me, and used bad language. I gave him notice about the end of September not to trespass on my land. I got a letter in reply to this notice. By Mr. Wilding—After a trespass on the 24th of October, I instructed my solicitor to write to defendant. There had been previous trespasses. There was a paddock adjoining mine belonging to Mr. D. Wilson. The horse was in that paddock on the previous day. There was a mutual arrangement as to keeping the fence in repair. The wires were not down on this occasion. There were three wires on a bank of about a foot high. Subsequent to last trespass, the father came to witness’ place and apologised. Thomas Stanton —I am a servant to last witness. , Saw Sycamore with a horse on Mr. . Martin’s . land on Jan. sth. They, were down at the gate, and I heard Sycamore use insulting language to Martin. Defendant’s father pushed plaintiff.
By Mr. Wilding Defendant said lie wished Martin was a match fur him, but he did not touch him. Ellen Sheridan substantiated the evidence as to the trespass in October and January. Sycamore- -I am a farmer ar Winslow, and had been in the habit of visiting last witness. Mrs. Martin forbid me to visit until i had obtained the girl’s parents’ consent. Her reason for objecting to my visiting until the parents’ consent was obtained was the difference in our religion. Mrs. Margin said her husband would write to the parents and would give me a reply. 1 got that reply on the 27th of September. On the 24th Octobtor I went to the house to give the girl two letters, but Mrs. Pye stopped me. The letters were not delivered. I did not break any gate or fence on that occasion. On the sth January I went to the place., My horse was pasturing in Wilson’s paddock, in the fence to which there were gaps, the gorse being away. I went to the place to got my horse out of Martin’s ground. Wilson and my father were with me. I first saw Martin when I was going out of the gate with my horse. He said he had impounded my horse on his property. I tpld him he had given mo no notice. 1 never called him a mean little devil.
By Mr. Branson—l said 1 would not like to lay hands on him, but if he had been my own size I don’t know what I might have done. He said he would bring a man to make me leave the horse, and I took off my coat to take my own part. On the sth Jannai-y 1 got on Martin’s land through a gap, and Wilson and my father went through also. Wilson, farmer, said that when he was with the Sycamores, the younger man told him that he had been forbidden to go on Martin's land.
Counsel ’addressed the Bench, and His Worship said he would pass over the first trespass, as tie relations between Syca more and the girl sufficiently condoned that, and the second was not a very deadly one. The whole care would have been dismissed, but for the language used to Mr. Martin. The judgment w’oukl be for LI, with costs of Court, witnesses, and professional fee. Branson and Purnell v. M'Lcod.— Claim, LI 10s. for professional services. Judgment for plaintiffs.
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