MAGISTRATE’S COURT.

Golden Bay Argus, Volume VI, Issue 72, 14 October 1897, Page 4

MAGISTRATE’S COURT.

(Before Wilson Heaps, Esq., S.M.) Wednesday, Oct., 13tli.

,T. Golding v. C. Cook. —Claim £7, for value of cow killed by the defendant, a boy of 8 yearß of age. Mr Fell for plaintiff, Mr Maßnnity for defendant. The facts as sought to be shown by plain tiff were that some time ago the school ciiihbcn at Bainbam threw stones at the cow which was feeding oh the road, and that defendant threw a stone and broke the cows log. For the plaintiff, James Hislop, W. Harvey, and May Harvey gave evidence as to fciie facts, the effect of their evidence bang that the defendant was the last boy to throw a stone, which knocked the cow down.

Claude Cook, defendant, was called and admitted the throwing of stones at the cow. but could not say if he broke the cow’s log. J. W. Riley was called and valued the cow at £5, and also said in his opinion it was impo sible for the boy to break the cow's leg.—Mr Fletcher also spoke of the improbability of the hoy’s ability to commit llie offence. His Worship said the evidence in the case had not satisfied him that the stone which killed the ci vv had been thrown bv defendant, anil therefore gave judgment for defendant with costs, £i Is. Two debt cases were settled out of Court.

Police v J. Fisher.—Charge of having on the 29th Afry last >et lire to a wlmre on the bank ot Aorere River, used by Chow Jim.

Mr Ivlagiimiiy for accused. Evidence wus led by the police on the same lines as t.iafc given at the recent enquiry before a Coroner’s jury touching the matter.

Chow Jim, J. Taylor, and H. Spencer gave evidence, and, on the suggestion of Mr Maginnity,

His Worship said there wav no necessity for calling rebutting evidence. There was nothing to connect Fisher with the origin of the fire, and he was ili charged.

Police v. Chas. Taylor and W. Hall. Charge of cruelty to a horse, by beating it with sticks. Mr Maginnity for defendants, two boys residing at Bainbam

Delilah Eleanor Fisher and Maud Harvey testified to the general illtreatment of the horse on the 23nl July, for four or five hours, and that it died within a few days, the latter witness adding that she threatened to inform the police if the boys did not desist. For the defence Mr Maginnity argued that a certain amount of severity was necessary, as the horse was refractory.

Susannah Cook saw the horse two days after the supposed ill-treatment and it was not in a very bad condition. In cross-examination she admitted that the horse was not in a lit condition to use.

Chas. Taylor and W. llail gave evidence that the horse got hogged, and they only attempted to get it our. Joseph Taylor testified to the spbndid condition of the horse, and expressed his conviction that both the horse in question and another one had been poisoned. He examined them a week after death, and found traces of strychnine. Mr Magin iity asked for leniency for his clients, and Constable Dew asked for a substantial penalty 7 . His Worship said the evidence was so extremely coniiicting that it was difficult to get at the truth. Even on the boys’ own admi sion, there was a certain amount of cruelty 7, and it was creditable on the part of the police to try to put a stop to cruelty of any kind. He would convict accused and inflict a fine of 10s and costs, amounting altogether to £3 Is. Thursday, 14th October.

Jas. Walker v. J. Richards.—Charge of assault.

Collingwood Road Board v. J. Richards. —Charge of ob tructing a roadway at Fern town.

Mr Maginnity lor plaintiffs, Mr Fell for defendant.

These cases involved the question of whether or not there is a roadline along the Ferntovvn tramline.

In the first case judgment was reserved, and the second one is proceeding as we go to press.