THE COURTS.

Mount Ida Chronicle, Volume 33, Issue 9356, 13 February 1903, Page 3

THE COURTS.

(Revoke J. MMSxxis, Bsq-. a.vd Wandex.) MAGISTRATE'S COURT, jSTASEBY. . AJoxday, January 9. Inspector of Slock, (Mr Kirk) v. John with failing to destroy the rabbits on" his property after having received notice to do so. Defendant, who was unreprese ited. pleaded Guilty. Mr Kirk said the Department .did not wish to press for a heavy penalty, but only to impress upon «'efe'id.iut the necessity of complying with the Act. . Defendant said the size of lys ..-section was ' 578''acres, aud -briefly stated what steps he had taken to fulfil the Inspectors demand's Fined £l. with costs of court, 7s; mi cage, 18s ; and solicitor's fee-sfil Is. P. ~M' ! Cluskey -was indicted on a similar .cfiai-ge. He also pleaded G.iilty arid said in extenuation that there was barely 100 acres of his section which was infested That p-n'tion was a creek bed, which coul'd not lie properly cleared of the pest. He had three men on in September, and since then had killed over 1000 rabbits. He was 'laying 70 traps when Constable Johnston served the summons. llis section was 300 acr-s. His Worship considering that defendant had .-taken measures to clear-his inflicted a fiiife 'of os; with--costs - 2&s/ and solicitor's fee £t Is. Bernard Graham appeared to answer • a similar hgainst his wife, and pleaded '"Guilty" The area of the section is . 480 acres. ■ He said that since receiving the notice ho hid had a boy fifteen years of age

working thegrouud. Tie could not possibly do more with the ground (a piece of creek land) tluui lie had done. Mr Clarke lmd saiil was satisfied with what.he was doing. Mr Clnrko on being put in the box, read ihe notes he hid made i.u his book on the different occasions he visited the ground. The entries sliowod rabbits, to be too numerous. He told Mr Gr.iih im thao if he" continued as lie luid beguhit would, clear the land. '

Fined £l, costs 203,.'. ajid .-ajflksitori :fe£ £1 is. . ~:-•••• :r: JB. Doeherty to 'a 'similar charge" 'pleaded. Guilty.. His area was about 1000 acres. -He was doiiigMl he could to keep" the rabbits down. ..

Fiued £", court costs ISs: solicitors fee £1 le. . .

Tuesday, February 10.

On Tuesday the evidence of Mrs Wilkinson and D. M 'Leod was taken in a suit John Daltou v. John Malcolm (of Waipiata), Dallon was employed by Mr Malcolm as a grouin, and was disstnissed for not attending to his work He now sues Mr Malcolm for u month's wages and the price of a train fare. The case is to be heard in Dunedin. Mr Hjoriiug appeared for plaintiff, and Mr Tvirk fur dofeiulaut.

Airs Wilkinson deposed that plaintiff arrived at their place by train at 1.30 p.m. on the 14ih January, i 903. lie—was instructed by Mr Malcolm to start wjrk. Dal ton replied "yes" and walked away. He did not go to work hut went into the cottage instead, and stayed till tealime After tea he practised billiards for n while and then lay down and smoked. There were horses iu the yard requiring altenuauce during the.afternoon and evening, and she told.hiui to attend to them but he took no notice", aud the had to attend to them herself. Neither did he light, the lamps or assist in closing the hotel ut" night, which was also done by herself. Mr 'Malcolm wus " away and she had charge. Next, morning she heard him using foul language ti> Mr. Malcolm. who asked him why he did not at teiid to his'work. Mr Malcolm then told him lie had belter not start work, and* would give him his train fare to go back. D. M'Leod was working at the hotel the day Daltou arrived. He did not see him do any work during the afternoon. He saw him lying on the bed in the cottoee before t<atinie. Jsext morning he a.v D.>.t»u in the cottage. In 1ep1y...-to a question by witness he told him that Mr Malcolm had given him his cheque. During the previous afternoon he heard Mrs Wilkiuson call him once.

MAGISTRATE'S COURT, HTDE. Arthur Lewis and Alfred Tale, bo.vs aged respectively 12 years anil eight vears, wen- chargrd with on the sth inst., at llyde, having wilfullv damaged a fence to th-a amount, of £2, by setting the said fence on tin.', tiie fence being the property of Philip Augustus Connolly, of Hytle. Constable I'aterson conducted the prosecution, and Mr Kirk appeared fur the accused and pleaded " >Jot Guilty " Mr. Kirk asked unit the charge should he taken separately against each boy, but Uis Worship considered that tho defence wouU not be prejudiced hv the ease proceeding conjointly and ruled'accordinglv, The first witness for the prosecution was Philip Augustus Connolly, who stated that on Thursday afternoon, nth inst, he was in his garden, and found his thorn hedge fence on lire With the as>i.-uuice of six other persons he managed to put the fire out. Wired to Constable Paterson, aud on arrival of the constable ne\t day went with him to the school and the con-it ible examined each of the two l>oys separately Tat'o admitted that he got matches from Lewis and set fire to the fence He first staited with one match, which Lewis put out-, and then threw a match out of reach, which set fire to the f nee Lewis ad m:tted having g'.ven the'matches J I Tate The hoys then admitted to the schoolmaster wnat they had admitted to-the constable The fence was damaged the extent of £2

Cross-examined by Mr Kirk: Did not see the boys set (ire to the fence About nine or tpn feet of fence was burnt Did not know whether the quicks will grow :igain Pid n<*t know anything against either liov Constable Paterson told the boys to speak the truth

-.ir Brrmner, schoolmaster, stated that the boy Taifc admitted having gut matches from Lewis, and that one~of them set fire to the fence .

■ To Mr Kirk : 1 knov nothing hsain4t cither boy ayd know of 110 niisrhievi&us disposition .in cither l.do not think the hovs wonld'Uo uTonif'wßfiilly- ' Constable Patcrson also j;ave corroborative evidence ps to.the admission by the bovs, and* closed the case for the prosecution Mr Kirk 'submitted that at this ataire it was competent for Ilis Worship, without -requiring evidence for the defence, to dismiss "the case The cliarire was one of havinjr wilfully damage I, but there was no evidence before the court as" to any wilfulness on the part ot" the lmys The accused, beini; under the aire of 14 years, were.prima facie deemed by law to be tloli. iiicupax, and could only lie convicted by clear evidence of mischievous discretion There was no evidence of any intention on the part of either of the boys to set the fence on fire, and Mr Brenincr, one of thy witnesses for the prosecution. had suited that he did not think cither of the boys would do wrong wilfully .

His Worship, before civing his decision in (lie case, remarked that the fathers of the respective boys should certainly'make jjood to Mr Connolly the loss which he had sustained, anil cautioned the lads as to their future behaviour Ilis Worship hel-1 that the eiidem-e did not support the charge "of having wilfully damaged, and dismissed the case .M'Connoeliie (Mr Hjorrim;) v Tlios Wimjfield (.Vos:riel)—-.1 udiriuent summo is, £7 9s Sd Defendant did not appear, and an order was made liiin for payment of amount forthwith," provided if defendant pays £1 ii month order tube iuspe ided, in default 14 days in Dunedin «:aol lieatty (Mr v Uhas Sebel n—lud nuent suiiiiiions for £6 ;Us od—Tne defetidi-iit a appeared and was examined and th> matter adjourned for a month to see if he made any attempt to liquidate the amount

WARDEN'S COURT, HYDE,

Wednesday, Fbbruaky, 11 V'm Currie (Mr Hjorrin^)-Ordinary claim, 1 acre, FiilyburiuxOcauted _ ; " ' : * .-.SauKf—Tailrace —Granted " < Same—Daiii—Granted " ~ "-. - ' - Gill, M'K.iy, M'Donald, (Mr Hjorrip^-)—\Yatc r- race out of creek Mr E O'Coiuielt appeared Wvibject and stated he had a risht out ol the same creek The ■application was granted subject to O'Cunaell's rixht Cf «.»>") • - .... . Gill, M'Kay, M*Donald (Mr Hjorrinir)—Water-race out of Wandlo Creek Mr Win Bennett lodged an objection on the ground that the water, was 1 required for domestic Djrposes and watering stock, -and appeared ill person to support the objection After argument the application was granted . Gill, M'Kay, il'Uonald (Mr Hjorrin;)—Tail-race— Cra .ted - - :

Same—Extended alluvial claim—Granted * Lou You (Mr Ujorrin^)—Dam, Fullartjns—Granted