Illegal Rescue.

Gisborne Standard and Cook County Gazette, Volume II, Issue 225, 22 November 1888, Page 3

Illegal Rescue.

At the R.M. Court yesterday morning (before J. Booth, R.M ), H. Harding was charged on the information of S. M. Wilson with illegally rescuing two horses which were seized by informant for the purpose of being impounded. Mr Chrisp appeared for the informant, and Mr Brassey for the defendant. S. M Wilson deposed that he had leased some land at Makaraka from S. Stevenson. On the 14th inst. two horses were trespassing on his land, and he went and took possession of them. When he was taking them to the pound the defendant rescued them, saying that if he did not let the horses go he (defendant) would b soon make him. The defendant snatched the rope away from him and drove the horses away. He (informant) tried his best to impound the horses.

By Mr Brassey: Found the hones in the paddock adjoining Lawrence’s property. Would positively swear he did not take the horses off Hatton and Score’s land. The defendant forcibly took the horses from him, and he let them go as he was afraid there would be an assault. He did not take the ropes off the horses. When the defendant made use of the language the McFarlanes were present. . Charles McFarlane remembered seeing Wilson and Harding on the Matawhero road on the day in question. Wilson was on horseback and was leading two other horses tied together. Saw Harding make a grab at the rope and take it out of Wilson’s hand. Was quite close to them. Wilson got off his horse and took the rope off the horses. Harding made him take off the rope, and then told him he could drive the horses to the pound if he liked. Harding’s attitude was threatening. By Mr Brassey: Harding remonstrated with Wilson for leading the horses instead of driving them. Wilson could have driven the horses to the pound had he chosen.

By Mr Chrisp: After Wilson took the rope off he did not attempt to drive the horses to the pound, but left them, and Harding then took them back to his place. J. McFarlane also remembered seeing Wilson leading two horses on the Matawhero road on the 14th inst. Defendant rode up in front of the horses and caught hold of the rope. Wilson then dismounted and took the rope off the horses, letting them go. After taking the’ rope off the horses he did not attempt to drive ths horses to the pound. Wilson drew witness’ attention to the rescue.

By Mr Brassey: Did nob notice Wilson flogging the horses nor did he hear Harding say he would not have Lis horses flogged. Harding did not take hold of the rope until Wilson let go. Mr Brassey said the informant’s evidence could not be relied upon, but the testimony of the McFarlane’s was reliable, and they stated what Wilson swore was untrue. He would now put the defendant in the box to show that there was no intention on his part to effect a rescue.

H. Harding deposed that he was a laborer residing at Makaraka. He had never been warned by Wilson to remove the horses from the paddock. Saw informant leading the horses along the road and asked him what he was doing. Wilson said he was taking them to the pound. Told him to take the rope off, but he refused. Witness then rode in front of the horses and they broke away from Wilson who caught them again aud took off the rope. Did not snatch the rope from Wilson. When the rope was taken off told Wilson he could take the horses. S.. Stevenson deposed that Wilson had a lease of the property. Mr 800 h s«id it had been proved that there was a rescue. It seemed a great pity that people residing in a small place oould not live in harmony. He would fine the defendant 10s, with costs £2 Ils, or in default fourteen days’ imprisonment. Three weeks were allowed for payment. A charge of using insulting and abusive language arising out of the above case Wm withdrawn by leave of the Courts