RESIDENT MAGISTRATE'S COURT.

Hawke's Bay Herald, Volume XX, Issue 3894, 10 April 1877, Page 2

RESIDENT MAGISTRATE'S COURT.

Monday, April 9. (Before J. A. Smith and E. Lyndon, Esqs., Justices of the Peace.) ALLEGED EMBEZZLEMENT. Frank Broughton was charged with having embezzled at various times 'the several sitms of £20 os Bd, £11 lls 2d, and £10 8s 2d,'the moneys of his'employei's, Messrs. William Donald and Henry Pascoe, of Wellington. Sergeant Mofiitt asked for a remand to Wellington. .The prisoner had no objection to the remand, and he was remanded accordingly. . The prisoner asked if bail would be allowed. ' -.:■;■ Mr Smith said that the Bench could not ' accept bail under the circumstance that the prisoner was to be sent to Wellington. Besides, if the prisoner was allowed to be out on bail lie would have to go to Wellington at his own expense, while .if he remained in custody the Government would pay the cost of his removal to Wellington. • ■ '■ - GREENAWAY V. COSGROVE. Tlus was a proceeding to recover back money paid by the complainant to obtain the release of some cows that had been impounded by defendants The amount paid was £5 10s, being 10s for pounding fee and £5 for defendant's, claim for damages. Complainant paid the latter under protest, and now sought restitution of so much as the Bench might determine to have been overpaid. Mr Lee was f or , complainant^ and Mr' Lascelles for defendant. There was a good deal of time taken up with the argument upon a preliminary objection by Mr Lascelles that the proceeding by information and complaint had been wrongly taken. He urged that there should have been a civil suit instituted, and he cited a case in point which, had come before Mr Scaly, when sitting in that Court as Resident Magistrate, in which it was decided that the course he (Mr Lascelles) indicated was the one that should be pursued in such cases. The Bench, after hearing Mr Lee briefly on the point, decided that they would hear the case and determine what the amount was that was really payable by the complainant. James Greenaway deposed to having paid the £5 (under protest) for the release of five cows belonging to him that had been impounded by defendant. Had offered defendant 30s for the damage the cows had done, but defendant refused to take that sum, and said he was sorry he did not put £10 on the cows. Defendant's land was not fenced in all round. There was a part open through which cattle conld get in. Sent Mr Burton to see what damage had been done. The cows were in defendant's garden on the morning of the 3rd instant. ■ " ' Mr Burton deposed to having examined defendant's garden on the 3rd instant, with the ■view of ascertaining how much damage had been done by the cows. The' damage was not over the value of £1. The tops of some carrots were eaten off, and one fruit tree was injured ; it was not destroyed. The ground' of defendant's garden was not fenced all round. By Mr Lascelles : I did not see defendant when I went to examine the garden ; he was not at home. Joseph Hedleigh was with me, and he pointed o\it the places where the cows had been. Joseph Hedleigh deposed to examining the garden along with "the last witness. Had seen the cows in the garden on that morning. Cosgrove had pointed out to witness what damage had been done. Joseph Cosgrove, the defendant, deposed to the damage that had been done. A number of apple and apricot . trees had been much injured ; some destroyed: Some of the trees were eaten right down, and others half way. The garden was fenced. In cross-examination defendant ad-' mitted that there was a part of the garden through which access could be had by .cattle. Thomas Hall, gardener, deposed that he examined the garden on the 6th inst. There were about 20 fruit trees destroyed, and he valued them at 5s each. Some grape vines were also very much injured. James Higgs gave corroborative testimony, adding that two of the grape vines were torn right off, and one apple tree broken clean off. The Bench assessed the damage at £2, and ordered that the complainant pay defendant's costs, viz. , solicitor's fee £1 Is, and 10s for two witnesses. There was no other business before the Court.