MAGISTRATES’ COURTS.

Lyttelton Times, Volume XXXI, Issue 2606, 12 May 1869, Page 3

MAGISTRATES’ COURTS.

CHRISTCHURCH. Tuesday, Mat 11. (Before 0. C. Bowen, Esq., R.M., T. W. Maude, and J. Ollivier, Esqrs. Police.—There were no criminal cases set down for hearing. Judgment for full amount and costs was given in the following cases :—John Beecher v. Joseph Osborne, £1 5s ; Thos. Nottidge (Macfarlan and Nottidge) v. Thos, Byrne, £3 ; J. Baldwin v. B. N. Jones, £l9 16s; Joseph Bailey v. J. K. Douglas, £6 ; W. Merritt v, Hugh McLeod, £8 2s ; City Council v. George Bullock, £2 10s; Estate of Thiel, Mytton and Co. v. H. Thomson, £2O. Judgment not to be enforced, if the musical box claimed for and which had been left with defendant at Messrs Coates and Co.’s was returned. Wm. Hobbs and Son v. E. Duff, £7 15s ; R. M. Morten v. Wm. Verratl. £lO ; P. Pearce v. G. A. Buck, £5 ; Christchurch City Council v. D. H. Christie, 4s; Lincoln Road Board v. Joyce, £5 3s; Spreydon Road Board v. Davis, £2 Is. In the remaining cases, judgment was recorded as follows :—Ditford v. Moneywell, £6 2s 6d. Judgment for £4 7s 6d. Spreydon Road Board v. Keand, £3. Judgment for £2 ss. D. Antonio v. G. Oram, £2 Us 6d. Judgment for £2. W, Pisher v. Francis Innes, £9 Us. Judgment for £7 4s. KAIAPOI. Tuesday, Mat 11, (Before Geo. L. Mellish, Esq., R.M., his Worship the Mayor and the Hon. Geo. L. Lee.) Breach of the Footpaths Ordinance. —Frederick Pearce was charged with this offence, which he admitted. The case was dismissed on payment of costs. Breach of the Diseased Cattle Regulations. —Geo. Weston was charged with, on the 3rd of May, being the owner of 6 head of cattle which he allowed to stray into the infected district. The offence was admitted. The cattle, Mr Weston stated, had broken the fence of bis paddock, and went on the road adjoining the Quarantine ground.. Constable Greenwood stated that he put them on the run. The same person waa charged with allowing the same beasts to stray off again. Henry Hinge was also charged for the same five head, as the inspector did not know which of them were responsible, as they both denied responsibility. Mr Hinge put an advertisement in the Lyttelton Times, in which be declined responsibility. The Resident Magistrate said that he did not think this would exonerate him from responsibility. Mr Weston said that Mr Hinge was taking payment for the cattle, and therefore he was bound to take ordinary care of them. The Bench coincided in this view; Mr Hinge was lessee of the run and must take all responsibility; also, even if he made owners of cattle pay for it. The charge against Weston for straying off would be withdrawn, and he would be lined 10s and costs for allowing the beast to stray on. The charge for straying off would stand against Hinge ; be would be fined I Os and costs. Attempted Suicide.—Stephen Mounsey was brought up charged with this offence. Sergeant O’Grady said be had been well con-

ducted since he had been at home; he had expressed an intention of amendment. Prisoner said tint what he had -done should be a caution to him; he intended to reform. The Bench said that the accused muct find two sureties in £SO each and one in £IOO, to keep the peace for six months or be imprisoned for one month. Shbbpstealino.—-Thomas Dench was charged with stealing two sheep, the property of Messrs Gresson and Hey nail. Mr Porter watched the case on behalf of the prisoner, who pleaded not guilty. Charles Greenwood being sworn, stated : I am a constable stationed at Kaiapoi. I arrested prisoner on Sunday, and cautioned him in the usual way. He said he had lost two sheep of his own, and that he did not see how they could make it out sheepstealing. It was about seven miles from Kangiora where I arrested prisoner. By Mr Porter: It was between Kaiapoi and Felton’s Ferry ; he was coming from Christchurch ; he was walking. John Keating, being sworn, stated : 1 am in the employ of Mr C. Key nail, at Kangiora. I have charge of his stock. I recollect in the month of April missing two three-quarter bred Leicester lambs from the farm. They were branded H G on the back in black. It was distinct. It was Gresson and Heynall’s brand. I found them in Mr Robinson’s paddock, on the Drain road. Had seen them before in Caton’s paddock. Found the sheep there, and said that he would take them away in a dray. He was coming from Kangiora a few days after, and apologised to Mr Robinson for not taking them away. He said they were gone, and he did not know who had them. Kelcher told him that Dench, the butcher, in Kangiora had taken them away. Dench came to him at night and said it was a mistake ; that he thought they were his own. Had left word with his wife that he should give the case into the hands of the police. Prisoner offered to pay a fair value for the beasts, as it was a mistake. Witness said he would tell Mr Reynall in the morning. [ldentified the skins]. The brand was the same as on those he lost. Did not know if anyone else had the brand. Cross-ex-examined : The brand on the skins produced is not very distinct now. The brand was plain enough when the sheep were living. Had been told long before by prisoner that he had lost two lambs. They were running in his neighbourhood. From the manner in which he came to me I thought he had made a mistake ; and that he killed them in mistake. 1 advised him to go to Mr Reynall. I saw Mr Reynall on the point next morning. Told him what had taken place. Had seen prisoner’s sheep, but had not noticed them particularly. Had known prisoner a couple of months. By the Bench: Knew prisoner’s sheep, as a creek only divided his land from Mr Reynall’s; they had at times been mixed. There was a cross of Leicester in them. I think prisoner’s brand was a square on the side, Gresson and Keyaall’s were marked on the back. By the police: Gresson and Reynall’s brand reads from the tail. Prisoner’s sheep were cross-bred. I am not certain if with Leicester or not. By the Bencli: Prisoner told me he had sold the skins to Mr Thorne, the fellmonger in Kangiora. By Police: Couldn’t say if I asked him or he told me voluntarily. Prisoner never offered me any money, but said he hoped Mr Reynall would not take the matter into Court, but would take payment as be was a poor man, and had killed them in mistake. By Mr Porter: He never denied having had the sheep. John McKenzie, being sworn, stated: I am a servant with Mr Robinson on the Drain Road. I know Mr Keating. Saw him at Mr Robinson’s. He told me to tell Mr Robinson that they were Reynall’s sheep, and that he would get a dray and fetch them. Thought the sheep were there a week. Saw prisoner at Mr Robinson’s afterwards, he got the sheep up into the yard, and took them away. They were not Mr Robinson’s sheep but Mr Reynall’s. I didn’t tell him whom they belonged to. Didn’t say anything in my hearing. I thought the sheep had been sold to him. A man named Kelcher was there at the time. They got them into the yard and tied their legs and carried one each out into the road. Never heard anything said that the sheep belonged to Mr Heynall, By Mr Porter: Kelcher lives near Mr Robinson’s. Knew the sheep were Mr Reynall’s. Never heard Mr Kelcher speaking about them. They were very plainly branded with H. G., Mr Gresson’s brand. I used to look after Mr Gresson’s sheep. They put them into a passing dray, and they were taken to Kangiora. They remained on the road an hour and a-half. By Police : Heard Kelcher say that prisoner gave him half a sheep for shewing him where they were. The brand on those two sheep was perfectly distinct, so that any person could know what they were. By the Bench : I thought Mr Reynall had sold them to him. Mr Porter said that to save trouble he was prepared to admit that prisoner had killed two sheep, but that it was in mistake. Frederick Thorne being sworn, stated; I am a fellmonger at Kangiora. I know the prisoner. I am iu the habit of purchasing skins from him in various quantities. I have purchased but two this mouth. Those produced are the same. They have been in water since 1 purchased them. It was about eight o’clock in the morning. He brought them in a sack I used to pay for the skins according to value. I stated a price on this occasion. All the skins I have bought from prisoner have been shorn sheep. These were hoggets. I did not notice the brand at the time. I have had Mr Gresson’s skins before. Know them by appearance. Had no difficulty in discerning the brand. I am quite sure that on two occasions previously, he brought me skins in a sack. Examined by Mr Porter : His manner when he brought me the skins did not seem at all suspicious. Prisoner had previously mentioned that he had lost some sheep; that there was a misdelivery, or that he had lost two. Did not tell him that the skins wee those of the lost sheep. The brand was indistinct when he got them. By the Bench : I have previously bought skins with Gresson and Reynail’s brand from prisoner. He has been in business in Kangiora five or six months. James Kinley, sworn, stated : I am a butcher at Kangiora, 1 know prisoner. I occupied the house in which he now lives as a butcher’s shop. I sold prisoner 69 sheep on March 12. They were lambs and ewes. The ewes, I think, were merino, and the lambs cross-bred. They were branded like a mallet. The brand belonged to Mr Barker, across the Ashley, The brand was upon the side. The sheep I sold were fair store sheep. None of the sheep I sold to prisoner were branded like the skins produced. Some of my lambs were like that wool in appearance. All the lambs I sold to prisoner were cross-bred. Would know the difference between that brand and that I sold to prisoner. It is generally the case that butchers let skins dry a little before gelling them. Hada conversation with prisoner the next day after I sold the sheep. He said there were two lost. Had another conversation, when he said he was two short. Said that witness ought to pay for them, or at any rate half. I declined, and he paid for the lot. Cross-examined by Mr Porter: When I sold the sheep, 1 sold them as a mixed lot. No particulars were taken. After the bargain was struck, they might have been half an hour in my possession. I took them out into the road for him. They were counted previously. It might have happened that prisoner made a mistake in the brand. I heard of some stray sheep bleating about the same night. By police: Either that night or the) next day, my cousin told me that he saw a sheep and a lamb he thought belonging to this man in Keetly’s paddock. I had an agreement for payment for the sheep. The brand was not named. (Mr Porter objected to receive parol evidence of a written agreement.) By Mr Porter: I am quite certain that there were no sheep among those I sold which might be mistaken for those of which (be skin* are produced. Cooke Heyoall, being sworn, stated: I I know the brand on the sheep, it is HQ conjoined. Supposing the mallet brand was on a sheep there would be no similarity. It depended upon the position of the brand on the side. Cross-examined : I can recognise the brand. The brand is not so easy to read on a hogget as upon a sheep which has bean •Korn. I remember my man coming over to me about the sheep. By police ; Then is an ear mark on the sheep—a punched hole. By the Bench s I never sold any sheep to prisoner. 1 have sold some old merino ewes to Green, of Woodend, who has sold some to

prisoner, 1 believe. I heard that two of my lambs were on the Drain Road byFlaxton. Witness here recapitulated the evidence given by witness Keating. Prisoner came to me before I gave the case into the hands of Sergeant O’Grady. Made no remark except that he was sorry. Mr Porter called William Kelcher, who stated that prisoner came to him a month ago Jand asked him the best way to catch two sheep which he had lost. They were running about the church and got into Robinson’s paddock. Afterwards, myself and prisoner caught them and laid them in the road till a dray passed. I asked him what he would give me to tell him where his lambs were, and in a lark asked him to give me one for doing so. He said he would give me half one. I did not notice the brand. Cross-examined by police: Did not know that any of Reynall’s sheep were running about there. By Bench; When these remarks were made, we were getting over the slip-rails into Robinson’s paddock. 1 think Dench made the remark. Mr Porter contended that after all the evidence that had been heard, it would appear that prisoner bought a mixed mob of sheep, and instead of examining brands at that time, he had more of an eye to condition. He took delivery, and when he had taken them away, he heard that he had lost two. The prisoner afterwards heard of two sheep being lost, and he took them for his own at once. He drew attention to the various points of the evidence, which showed that no concealment was attempted, and contended that there was no evidence of felonious intent. The Bench decided to dismiss the case, but characterised it as a case of gross carelessness. The skins were ordered to be given up to Mr Reynall.- and prisoner was ordered to pay for the lambs.