POLICE COURT.

Feilding Star, Volume I, Issue 276, 27 May 1907, Page 2

POLICE COURT.

Messrs E. Goodbehere and It. Burne, J 'sP., were on the Bench at the Feilding Magistrate's Court this morning^ Frederick Robinson was charged with stealing a pair of hair clippers from the shop of J. Noble, hairdresser, Feilding, to the value of 355. Accused pleaded guilty, and elected to be summarily dealt with. Sergeant Bowden explained the nature of the theft, as reported in the Stab of Saturday's issue. There were a number of previous convictions against Robinson. Sentenced to two months' imprisonment in Palmerston gaol. Daniel Hannon was convicted and discharged for drunkenness. IMPOUNDING CASES. Robert Ullet was charged with unlawfully, when impounding the cow of A. P. Potter, demanding the sum of 359 as damages for trespass rates, such sum being excessive; a second charge stating that defendant did unlawfully demand the sum of 35s as damage for tresspass, whereas no t espass rates were payable, the said cow being impounded from off unfenced land. Mr Prior appeared on behalf or the/informant, and said the informations were laid under the Impounding Act, 1884. He pointed out that the Act stated they could not charge trespass on unfenred land. Arthur P. Potter deposed: I have a cow, and on one occasion she got en to this property; there was an opening male by builders, and the cow got in there; the wife of defendant said the cow had done damage, and I paid os to appease the owner; my cow out on the road, and so got on to this property; there was only a small cabbage patch in the place — about 3s worth; the rest of the ground was under long grass; when I went to get my cow the second time, the man was there, and ho abused me, and refused to allow me to take the cow; the cow was pounded, and I released her under protest, paying 35s damages. By defendant: It is three weeks since my cow first got on the property; I stopped you from taking the cow away; I did not say I would knock you over; you said something about taking off your coat and settling the trouble that way ; I thought 5s was enough to pay the first time for damage ; my cow is not always on the road — she is tied up every night ; the damage was done to the cabbage patch before my cow got in. Cleary, poundkeeper, deposed: Mr Potter paid 35s poundage <in his oow, under protest ; I know the fence round this property is open in places; a horse was impounded at the same time as the cow, but no trespass rates were charged on it. Joseph Bellve deposed : lam helping to build a house on the section; the fence in the front of the section was open for 20 feet when we commenced to build the house; I put up a rail, but when they commenced to fell the trees the whole front fence was broken down; the cabbage plot was about 12ft square; there was a white horse on the ground when Potter's oow was pounded ; there is nothing ta prevent any animal from walking on from the road ; if the cabbages had been all good, they would have been worth about 4s. William Creighton deposed : I know the section, and the fence is in a very dilapidated state : therejs a gap of about 60 feet on the front of the section, and it was so when Potter's cow was impounded; there was a white horse and another cow on the seotion at the time, and the morning before there were three cows there. Defendant called as a *itne»s, Christmas, who deposed that on 16th hist, there were some cows on the place; I saw where the cabbages, oarrrts, and parsnips had been destroyed Defendant deposed: On 17th inst. I was told cows were on the place, and I got up and found Potter creeping round the back, and he accused me of puttrng the cow on my place; I ordered him off the place; I pounded the cow, and put 36s trespass on it. I afterwards told Potter he had no paddock to put his cow in, and ran it on the road; there have been other cows on the place. By Mr Prior: There were three cows on the property on the 16th. The Bench decided the land was unfenced, and ordered the fee to be refunded, defendant to pay Court costs, witness's expenses, and solicitor's fee, the total being. £1 18s 6d.