RESIDENT MAGISTRATE'S COURT.

Hawke's Bay Herald, Volume 11, Issue 835, 16 March 1867, Page 2

RESIDENT MAGISTRATE'S COURT.

Monday, March 11. : (Before John Curling, Esq., R.M.) Lunacy; Catherine Butcher appeared before the Court, charged with being of unsound mind. A medical certificate having been produced that she was labouring under temporary insanity and likely to be dangerous to herself and others, she was committed to gaol for safe custody. Tuesday, March 12. (Before John Curling, Esq., R.M., H. STiffen, Esq., J.P., and Major Eraser, TIM.) Breach of Police Act. On the information of George Rymer> R. Halket Lord was charged with having? on the 6th inst., so ridden a horse on the Meaneeroadas to endanger the lives and limbs of passengers thereon. Mr. Webb, and Mr. Worgan, who were in plaintiff's vehicle at the time, testified to the conduct of defendant on the occasion referred to, he having ridden, zigzag fashion, in front of plaintiff's horse, and endangered the safety of the trap. Defendant said that plaintiff was on the wrong side of the road. Fined, £2 and costs. Breach of Impounding Ordinance. Charles M'lntyre was charged with having suffered 16 pigs, his property, to wander at large on Scinde Island, contrary to the provisions of the 11th clause of the Wellington Impounding Ordinance. Ordered to pay 3d per head for the pigs (4s), and costs. Assault. John Robottom charged B. D. Danvers with having, on the 6th inst., assaulted him on the race course, by beating the horse upon which he the said plaintiff was riding, and thereby occasioning to him severe bodily injuiry. The case excited some interest, the alleged assault having been committed by defendant in his character of Clerk of the Courae on one day of the late races. The following evidence was adduced : — John Robottom, on oath, said :— I went to the race course on the 6th March. When I arrived there I was not aware what was going forward. I rode upon the race course, and I had just got nearly opposite Maney's booth when I heard some one sing out, — " clear the course." I tried to get off the course, as I was about 14 yards from the corner of the fence at Maney's. Danvers flew over to me as hard as he could ride, and said, "go back." I intimated to him that the best plan would be to get off at the nearest place. But he turned my horse round, and whipped it all the way down. Instead of letting me get off, hp actually drove me on to the course to the other side. Just as I was about getting off he gave the mare one more venomous lash with his whip, which threw me on the pommel of the saddle and injured me seriously. From the time he commenced whipping my horse it took me all I knew to retain my seat. I thought he was acting in the capacity of clerk of the course. lam not a good horseman. Mr Lopdell gave evidence that Mr Danvers had whipped Mr Robottom's horse most shamefully. Mr Danvers stated that, as Clerk of the Course, he received instructions to keep the course clear after the bell rang. Mr Robottom had refused to retire from .the course when he told him, and he was under the necessity of whipping his horse off the course, but he did not use unusually severe measures. The horses at the time were just going down to the starting place. The Bench, having heard the evidence, said that, in the case which they had just been considering, they were of opinion that undue violence had been used by defendant, as clerk of the course, and more particularly so as plaintiff was not a skilful rider. They were anxious to support the clerk of the course in the proper execution of his duties, but they were of opinion that the clerk should not carry such a thing as a stock whip, as he might easily in the excitement of the moment seriously injure persons. They knew that on the course in Auckland the clerk was not allowed to carry a stock whip. The proper course would be to give in charge to the police any person who refused to quit the course, but not to assault him. As, however, they were anxious to support the clerk of the course in the discharge of his very difficult duties, they would inflict a nominal fine so as to carry costs. Fined ss, and costs, 1 3s. Money paid at once. Thursday, March 13. (Before John Curling, Esq., R.M., and G. S Cooper, Esq., R.M.) Horse Stealing. Paora Apera was charged by F. Sutton with this offence. The prosecutor stated that on the sth inst., he went to the races, and tied his horse to the fence behind the grand stand. About 4 p.m., he went for the horse and found it was-gone. He heard nothing of it until the next day, when Mr. Robottom's son told him that, on the previous day, he had seen a native ride his horse from the race course. Witness saw Henry, the chief, who told him that Paora Apera had taken the horse in mistake for his own. The prisoner, in his defence, stated that he got drunk on the race course, and his friends advised him to go home, which he did, taking Mr. Sutton's horse in mistake for his own. On his way home he met with an accident by falling from his horse. He was taken in a cart to the Catholic Mission station at Meanee, and his friends took his horse to Pa Whakairo, where it was turned into a paddock. His friends also thought it was his horse. He was willing to make any compensation to Mr. Sutton for the loss of his hoi'se. The Bench was of opinion that there was no felonious intent, as the horse was taken by the prisoner, while drunk, in mistake for his own. They therefore dismissed the case. The defendant paid to Mr. Sutton the sum of £3 as compensation.