Magistrate's Court.

Hawera & Normanby Star, Volume XXXIII, Issue 3418, 9 December 1896, Page 2

Magistrate's Court.

♦ Hawera, Wednesday, December 9. (Before Mr Brabant, S.M.) CIVII.. Ferguson v. Hay wood. — Claim, J64 15s. Judgment by default with 9s costs and 3s 9d plaintiffs train fare. TRESPASSING ON RAILWAY LINK. James Boddie was charged on the information of C. F. Hill with allowing a bullock to wander on the railway line near Eltham on 28th September. Thomas Potter, ganger between Te Roti and Eltham, remembered on 26th September telling Boddie's son that the cattle were on the railway line and to come down and take them off. The cattle were on the line between McCracken's section (which he understood Boddie occupied) and Coleman's. Found the fences on McCracken's side in bad order. A few days afterwards spoke to defendant about trespassing, and the latter admitted that one of his bullocks had been killed, and subsequently defendant gave orders to have it buried. To defendant — Could not say what was the age of the beast. Stuart road leads across the line to the section and at that time there were no cattle stops. Gave him the impression that the bullock was bis (defendant's); was aware that the paddock had been occupied by different people lately. D. Hosie, engine driver, gave.evidence as to, on 28th Sept., running into three cattle a mile this side of Neil road, one of which was struck and knocked down the bank. Had been thrown off the road by a bullock ; knew of others who had also, and such obstruction was dangerous. The defence was that the damage to the fence was caused by other people's cattle, and that the beast killed was not defendant's. Defendant admitted that cattle of his had trespassed on the line, but cattle belonging to other parties were running along with his. Had only small steers, and the bullock killed was from 2£ to 3 years old. The other cattle trespassing at that time might have been his. To Mr Barton — Took precautions after hearing the cattle had been on the line to keep them off, and the morning after sent his son down the line to make sure, and went down himself on the following morning. On that morning his son found the bullock in question down an embankment. Had told Potter that he would bury it. His reason for burying the beast was that there was no one in charge of the paddock from whence the cattle came. Some of the other cattle in the paddock, including a bull and a cow and calf, but would not swear there were any bullocks. * There were bullocks among6t cattle taken in by him to graze. Did not examine the one killed, and did not know whose it was, but was certain it was not his. To the Bench — Had taken every precaution to prevent trespass. Had made no endeavor co find who was owner of the catttle. After reviewing the evidence tho Bench held defendant responsible for the beast whether it was his own property or in his charge. It appeared, however, thnt the beast belonged to defendant. He would therefore convict, but as defendant had taken precautions, the Bench would take a lenient view and fine him 20s, costs 85s, and solicitor's fee Mis. BK-COMMITMBNT, Constable Salmon applied to h&vp John Henry Ellerm, a boy 16, hoi i Manaia, who had been previously committed to the Burnhana Industrial School and licensed out, recommitted to the school, as he had absconded from his employers, and refused to go back, and wished to return to the school. In answer to the Bench the boy sai.l the reason he loft was because he had been overworked. The boy was ordered to be sent back to the school. ASSAULT. For assaulting R. A. Costall, Josiali Fake was fined 40s and costs.