MAGISTRATE'S COURT, BALCLU THA.

Clutha Leader, Volume XX, Issue 1029, 13 April 1894, Page 5

MAGISTRATE'S COURT, BALCLU THA.

«. Wednesday, April 11. (Before R. S. Hawkins, Esq., S.M.) George M'Leod, Waikouaiti, was charged on the information of ranger Morris with having illegally in his possession six native pigeons on the 26th March. Mr D. Reid appeared for the defendant, who was not present, and pleaded not guilty. M'Leod was not aware that it was an offence till after he had shot the pigeons. Ma D. Stewart prosecuted, and evidence was given by the ranger. i ... His Worship said the penalty for this -I up to L2O. He did not understand ihe sou . on which some of these penalties were fixed ; some were fixed very high and others for far worse offences were fixed much lower. — Fined 6s and 7s costs. Robert Hawker was charged on the information of Inspector Hull with offering for sale certain sheep affected with lice contrary to provisions of the Stock Act. — Defendant pleaded guilty and was fined 20s and costs. John Robertson was similarly charged. He did not appear, but wrote pleading guilty — Fined Ll 10s and costs 7s. Robert Lawrence was charged, on the information of Edward Breeze, with assulting and beating him on the 9th April, ancl he asked that Lawrence be bound over to keep the peace. Mr D. Stewart appeared for informant and Mr J. E. Thornton for defendant. Edward Breeze, storekeeper, Waiwera, said last Saturday evening about 11 o'clock he was going into the house, Lawrence came up to a gap in the fence and called out. Witness went up with the lantern in his hand to see who it was. He then saw R. Lawrence who asked " are you Mr "Breeae." X-a-\vrence asked him, what he gave for that horse, inferring to a horse which was involved in a court case between them seven years ago. Witness replied Ll4. Lawrence said, " who said so!" Witness replied, "I say so myself?" and Lawrence immediately struck him. He then nut the lantern down, and they

j struggled together, eventually falling into a I ditch, Lawrence lowermost. Witness got up j and tried to get into the bouse but fell twice ancl j called out twice where's my pistol. Lawrence 1 caught up on him again, and in struggling again they both fell over a wire-netting fence. Lawrence then left, as he did so throwing the lantern at Breeze. Witness gave no provocation. Lawrence did not do it in self-defence. He never struck Lawrence. He was afraid of Lawrence especially in passing his place after dark, as he often had occasion to clo. To Mr Thornton : Had met Mr Lawrence 50 to 100 times during the past seven years, tbey generally nodded in passing. He said nothing when they fell in the ditch. He did not have bis knee on Lawrence's chest. George Roberts also gave evidence. After evidence for the defence, His Worship inflicted a fine of L 2 and costs. Gilbert BitucE v. Luke O'Neil. — Claim L 8 2s 6d, work done. Defendant did not appear, — Judgment for amount claimed with costs, and order made for defendant to appear at the court on Monday 16th at 11 a.m. Gunn v. Robertson. — Claim L 54. Mr J. R. Thornton appeared for plaintiff. — Mr D. Stewart applied for an adjournment. — Mr Thornton objected. — His Worship was not inclined to grant the concession asked for unless Mr Stewart agreed .to pay all costs. — MrStewart objected to tbe summons onteebir'eal grounds. — His Worship said section 41 of the Magistrate's Act, 1893 clearly provided that the summons must be signed and sealed, absence of seal theref ore made it a nullity, He would made an order for a fresh summons to issue free of charge for next court day. Thos. Rowley v. G. W, Draper. — Claim L 3 18s. Mr D. Reid for plantiff, Mr J. E. Thornton for defendant. Thos. Rowley contracted with Draper to extract stumps at Is eacb and found. His sons were present when fche arrangement was made. He worked from 9th to 2Gth of Feb. and extracted 78 stumps. Draper and bis son, and witness and his son counted the stumps. Witness asked for money, but Draper said he would give no money till witness bad taken out all he wanted. Witness told him he could not stop any louger. No area or number was mentioned at first. To Mr Thornton : When he applied for payment when be left, Draper said, " Finish your joh first.'' He offered to come back and clo more next year if Draper would place tbe money in Dabinett and Young's hands. G. W. Draper, defendant, distinctly pointed out tbe land he wanted stumped, about 120 or 130 in paddocks, and 20 or so outside. He went over all that with the boy. Rowley agreed to Is a stump, but two stumps be would nat guarantee to take out. Rowley I did not stump in a face, and left thu land j useless for tbe purpose for wbicb he wanted it. I Tbe machine .broke, and witness refused to ! pay unless he finished the job. He offered to I put the money in Dabinett ancl Young's hands j as security. j To Mr Reid : The Hene-Hene and Fuschia ! stumps ho* told Rowley not to draw. The ' agreement was to draw a certain number of stumps 011 a certain area. j Walter Carlton also gave evidence. ! His Worship thought the evidence showed j tbat tbe two paddocks were to be stumped, ; and until be completed bis contract plaintiff v/as uot entitled to pay, — Judgment for de- , fendant with costs L 3 Is. ' Hugh M'lntyre v, Percy Shaw.— Claim ;L7 Gs for cattle sold. Mr D. Stewart for plaintiff, Mr D. Reid for defendant. Defend- : ant paid L 3 13s into court. .j Hugh M'lntyre, plaintiff, was present at sale at, Balclutha on Feb, 2, when Shaw asked 1 witness to buy two heifers for him, which he j did at Lfl 13s each. Witness went to auc- , tioncer's clerk at sale and told him tbe cows i were bought for Shaw who was present. He : agreed to take Shaw's cattle clown to Owaka j with his own. He left them at M'Donald's : from Saturday till Monday, when be found : ono was dead. He drove tbe other one to Housden's sale where Shaw took delivery. Shaw refused to pay for the dead one, and saicl witness hacl driven cattle too bard, To Mr Reid : Witness sent Shaw an account for the cattle, not for money paid, James Lewin Wilson clerk at Wilson Cameron and Co's sale on Feb. 2, said aftor i tbe cattle were knocked down to M'lntyre he j came to him and said the cattle were for 1 Shaw. Shaw was not present then, but I shortly afterwards he saw' Shaw and M'lntyre together, ancl he mentioned what M'lntyre said in the presence of them both, and Shaw did not demur, Jas. Ryan heard Shaw agree to pay half of the dead cow, Jas M'lntyre also gave evidence. Percy Shaw, defenhant, said* that M'lntyre 1 bought the two cows ancl asked if he would take them. Witness said he would take them atf ather's place at Owaka. Witness bought three otber cattle the same day, and got a bill from Wilson for them. Witness offered to pay him for driving these three, but M'lntyre ' would not take anything. Tbere was no mention of payment for driving" the other two. . He offered to pay half for dead cow rather s than have any bother. He never asked ; M'lntyre to buy these cows for him, Joseph Shaw also gave evidence, J. L. Wilson, recalled, said about 10 minutes after the sale M'lntyre and Shaw were standing together, ancl witness went to them. M'lntyre said this is Shaw, and witness said tbis is tbe man the cattle are for. The ctatle were booked to M'lntyre, and witness did not want to alter tbe book. His Worship gave judgment for plaintiff with costs L 8 4s 6d, I John Finn v. Thos. Paterson. — Claim 16s, 1 for Otago Daily Times. — Defendant did not i appear. — Judgment for amount claimed and costs os. Wm. Glass v. Callagan.— Claim, Lls, . cattle trespass. — Mr Stewart for plaintiff, j and Mr J. R. Thornton for defendant. William Glass, plaintiff, settler at Ratanui : i Callagan's bull trespassed amongst bis heifers. Three horses also trespassed. He saw the bull on his land on March 6 amongst his I . heifers. Next saw bull in on 25th, tbon on ; 28th. The bull served one yearling heifer on r the 25fch and another on tbo 28th. He I claimed Lls damages. Tbe best heifer was 15 months old ; the bull served her. To the bench : He valued the best at L 5, i* ancl the others at L 4 each. 7 To Mr Thornton : His own bull strayed t once to, his knowledge, but had not been amongst bis young cattle since November. James Glass corroborated his father's 7 evidence. His father's bull had not been amongst the heifers. To Mr Thornton : Witness was away from I home during tbe day. i Thomas Glass and Mm. Glass also gave 1 evidence, after which at 10 p.m. the court adjourned, till 9 o'clock the following moriii ing. Thursday, April 12. 3 On resuming— Glass v. Callagan (continued). — Jeremiah I Callagan, defendant, was, called. His bull 3 was kept tied up by a ring through the nose, i and had been so about eight weeks. On - Sunday, 25th, tbe bull was not loose. His b bull was sometimes loose, but was watched. Was not afc home on the 28th. Witness hacl 1 seen Glass's bull amongst the heifers recently - and up ito within a fortnight ago. r. To Mr Stewart : His bull was in Glass's 7 paddock on the 28th Maroh.

Mrs Callagan said the bull was only loose on the 28th, when Glass's bull came through the l euce to him and fought. ' Their bull was tied up, and witness cut the rope to allow the bull to defend himself: Both bulls went back to Glass's, but theirs was brought back about 12, not having been more than half-an-hour away. Had seen Glass's bull amongst his own heifers. John White,' Robert White, and Jas. Find- j later had seen Glass's own bull amongst his heifers repeatedly recently. His Worship said in the face of the evidence that plaintiff's own bull had been amongst his heifers he was not prepared to grant damages for Callagan's bull. — Judgment for defendant, with costs L 4 15s. Thos. Paterson v. John Finn. — Claim, 17s 4d cash lent. — Adjourned till Monday, 16th.