RESIDENT MAGISTRATE'S COURT.

Daily Telegraph (Napier), Issue 3816, 8 October 1883, Page 2

RESIDENT MAGISTRATE'S COURT.

Tins Day,

(Before Captain Proeco, R.M.) BESULT OV A "SHtEE." James Woods was charged with having been guilty of disorderly behaviour whilo drunk at Taradalc. Tlie prisoner admitted the drunkenness, but said he had no recollection of anything else. Constable Villors gave evidence as to the violent conduct of the prisoner. Fined £1 and costs, or in default threo days' imprisonment with hard labor. A second charge against the same prisoner for resisting- the police was withdrawn. DRUNKENNESS. John Howard, charged with having been drunk at Taratliilc on Salimlny, pleaded guilty, and was fined'ss and costs, or in v default -18 hours' iinprisomnent with hard, abor,

BREACH OF lIARBOUS ACT,

John Doney avis charged, on tho information of the Harbor Board wharfinger, with having, on the 20th of September last, removed three casks from the western quay without first obtaining tho authority of tho warfinger, contrary to clause -1 of tho Harbor bye-laws. Mr Logan represented tho Harbor Board

Tho defendant, who conducted his own case, pleaded not guilt}'. Mr Logan said the bye-laws of the Napier Harbor Board provided that no person shall remove any goods from the quays without, first obtaining authority to do so from tho wharfinger. The defendant Doncy was frequently in the habit of removing goods without permission, and in consequence tho Harbor Board had been obliged to bring him before the Court. Evidence having been taken, the defendant admitted having removed the goods without authority from the wharfinger, but said he did so by the direction of his master, Mr Kinross, who told him there was nothing to pay. The casks of tallow were not subject to wharfage, and ho only obeyed Mr Kinross in removing them as he did.

Two Kiinilar charges of removing goods On the 2S)th September and Ist October respectively were also stated against tho sarao defendant.

In the first case a fine of os and costs 9s was inflicted, in the second case a fine of 2s and costs Os and solicitor's fee £1 Is, and in the third ease a fine of 5s and costs 9s, or in default 48 hours' imprisonment for each offence, RESCUIXO CATTLE. James Baldwin was charged with having, on tho 19th September, at Clivc, rescued four horses while they were being , driven to the public pound. Sergeant Burtenshaw conducted the case for the prosecution, and Mr Lascelles appeared for tho defendant. Tho defence was that the station .yard out of which the impoundor took tho horses was not an enclosed yard, but was open at all times to the crossing leading to MrMorrit's and Mr Alley's premises, over which horses were frequently driven.

In reply to questions by Sergeant Burtenshaw tho impounder said ho found tho horses close by the railway goods-shed, and not on the crossing mentioned by Mr Lascellcs. There was a gate to the crossing, which was shut at night. The horses were found thero in the morning early.

The evidence of several witnesses having been taken, Mr Lascolles contended that tho case must full through.

His Worship said it seemed from tho evidence that tho defendant had taken possession of tho horses beforo the impounder told him what ho purposed doing with them. The information would, under tho circumstances, be dismissed. ANOTHER RESCUE CASK. John Cuthbort Hawkins was charged, on the information of the public impoundor, with having on fith September rescued nine head of cattle while they were being driven to the public pound. Mr Logan appeared for the plaintiff, and Mr Lascellos for the defendant. Arthur McCartney said ho was chairman of the Taradalo Board of River conservators. John Catanach, tho county ranger, had authority to impound horses or cattle found on tho propoty of the Board. John Catanach gave evidence as to seeing tho cattle on tho bank erected by tho river conservators, and Mrs Hawkins sitting close by. When witness took charge of tho cattle to drive them to tho pound tho dofondant came along , , and in spite of witness's protestations commenced to rescue them. Mr Lasccllca said tho story of the plaintiff waa a tissue of falsehood. Bridget Hawkins deposed that on tho Cth of last month she heard Gatanaeh tell her son not to let down the slip panels, through which the defendant was driving tho cattle in question, or he would summon him. Witness offered to pay tho driving money if Catanach would give up tho cattle. Tho word "pound" was never mentioned.

By Mr Logan : Saw Catnnach go down to whore the cattle were. Could not say whero the defendant was at that time. None of the cattle were in front of defondant when helot down the slip panels. Eight of tho cattle went through tho slip panel, and one into witness's own paddock. At the request of Mr Lascolles the defendant was examined on oath by the Court.

Defendant said that up to the time Catanaoh told him not to let down the slip panels thero had been no conversation between them. Thero were tsvo or three cattlo ahead of the rest, which witness drovo on' at tho time he went down tho bank. Catanach called out that the cattle wore in his charge, and witness discontinued driving the leading cattle. They were in front of him at that time, but witness got to tho road first and let the slip panels down. His Worship said he would inflict a severe penalty with a view to preventing a recurrence of such offences. Tho defendant was fined £o and costs 10s, together a\ ith witnoss's expenses Ms and solicitor's fee £1 la, tho amount to be recovered by distress.

The Court then rose,