MAGISTRATE'S COURT.

Lyttelton Times, Volume XXVII, Issue 1926, 20 February 1867, Page 2

MAGISTRATE'S COURT.

KAIAPOI. TUBBDAT, FBB. 19. (Before W. B. Pauli, Esq., E.M., and C. Dudley, Esq., J.P.) W. A. Crooke was charged with being the owner of 14 horses, found wandering at large within the precincts of the town. In answer to the bench, Sergeant Hurso said defendant was not in the habit of letting his horses wander at large, and he believed they had broken loose from the paddock. The Bench said under these circumstances, the defendant would only be fined 10s for the whole, but they must caution him to keep the paddock more secure in future.

E. It. Armstrong who did not appear, was charged on the information of B. Jeffs, the Thistle Inspector, with having failed after due notice to eradicate certain noxious thistles from land owned by him on Templar's Island. In his evidence the Inspector stated that after first notice, defendant sent one man to clear the thistles, but this not being sufficient for the work, he (the Inspector) sent another notice which was not attended to, and he then put on another man, who worked 5 days at clearing the thistles, and whose wages Mr Armstrong refused to pay. Mr Armstrong had since removed the man he had put on, and the thistles were now in full flower.

Defendant waß fined 5s per day, from the 12th instant, to be remitted it' steps be taken to eradicate the thistles by the 28th instant. Defendant was olso ordered to pay £2, the expenses incurred by the Inspector, in putting the man on to clear the thistles.

E. H. Eobinson was charged with having, on or about the end of October last, stolen a bucket, value 6s, the property of Michael Lynskey, of Eaiapoi. Michael Lynskey, sworn, said: About the end of October last I lost a bucket from near my residence. The bucket was not near a footpath, but on an open space near my house. The bucket was missed about half-an-hour after being first placed there. I know the prisoner, who at that time resided in Fuller street. In passing over the bridge to his house, ho would pass near where the bucket was left, Prisoner used regularly to pass about noon every day, and it was about this time the bucket was removed. To the best' of my belief, the bucket.produced is the one Host, but I could not swear to it. I never gave permission to prisoner to take it away, or use it at all. Defendant cross-examined the witness, but failed to elicit anything in his favour. Constable Judge proved tho arrest of prisoner, who, on being cautioned, said he surmised who the bucket belonged to. He asked whom, and he said Mr lynskey. He had not previously mentioned Mr Lynskey's name to prisoner. Prisoner, in defenco, said the bucket had been foond by some of the children, and trundled about the street in play. He afterwards took it home, thinking, as it had a large hole in it, it was of no use. He stopped the hole, and it had been used ever since.

The Bench dismissed the case, but considered it a very suspicious circumstance. The bucket was ordered to be given up to Mr Lynskey. Martin Piki and Jim Tuini, two Maoris, were brought up in custody charged with stealing a number of turkeys from John Bailey on the 16th inst., the same being of the valuo of £o. John Bailey, farmer, residing at Woodend, sworn, said: I know both prisoners by sight. On Saturday morning last I was awakened about 6 a.m. by a noise. I got up, and looked out of the window, when I saw a Maori on a horse and another on foot on my premises. The one on foot, whom I recognised as the prisoner Martin, was taking up a turkey, and putting it on his horse. He had, however, previously picked up something and given to the Maori on horseback. I cannot swear to prisoner Piki being the one on horseback, but he is very much like him in appearance. I did not call out, but thought to catch them on the quiet; so I got up and went to intercept them, but in the meantime they had started away at full galop. I returned, and examined the turkeys, when I found three of them dead, with their necks broken. On the previous evening there were 25 turkeys in all, but on counting them after theprisoners had galloped away, Icoum only count thirteen live ones, and three dead ones. I have since found another one dead in a hedge near the house. I have since seen Martin at the pahyesterday morning—when I had conversation with him respecting the turkeys. They admitted they were past my place on the morning the turkeys were stolen, but denied all knowledge of the turkeys. Both prisoners admitted this. I did not follow them, because I had no horse. When they galloped away, they went towards the sea-beach. When Martin galloped away, I saw a turkey fastened to his saddle. Both prisoners rode away together. I never authorised prisoners or any one else to take any of my turkeys. Tho turkeys were worth about 8s each.' [A parcel of feathers were here handed to witness, who selected several whio'a appeared like turkey's feathers,] Ho continued— I had turkeys with feathers of a similar colour. By prisoner Martin: I did not call to you when you were taking tho turkeys, because, as I said before, I thought to take you on the quiet. I did not call after you when you were galloping away because I thought it was no use. By the Bench: I can distinctly swear to prisoner Martin being the one who took the turkey, I did not see Martin's companion holding a tnrkey, but he had something which I could not fully distinguish. By police: My nearest neighbour is about twelve chains away, and the houses about mo are Bumewhat scattered. That which I saw the other Mauri carry away looked very much like a turkey, but I could not swear to its being one. Constable Jndge deposed to arresting prisoner Jim, yesterday afternoon, at 6 p.m. After being cautioned, he acknowledged passing Bailey's place on the morning in question, but knew nothing about the turkeys. I apprehended prisoner Martin this morning about one o'clock. When I cautioned him, he made no statement, but in reply to his wife, I Baid he would be back probably tomorrow night, when he said he did not think so. In defence, Martin said: On the morning in question, he and Tuini went down to the beach for shell-fish, but did not dismount at prosecutor's place at all. In reply to the bench, Martin said tho feathers were those of fowls which he had killed for his children w hen ill. The Bench remarked that there was no evidenco to convict Tuini, but thero was distinct evidenco that Martin had taken the turkeys, and he would therefore be ordered to pay four times the value of half the turkeys missed, which if not done within an hour, he would again be brought up, and committed to prison. This ended the police cases j several debt cases of no publio importance, wore afterwards heard.