RESIDENT MAGISTRATE'S COURT.

Nelson Evening Mail, Volume II, Issue 12, 15 January 1867, Page 2

RESIDENT MAGISTRATE'S COURT.

[Before J. Poynter, Esq., R.M.] This Dat. FURIOUS RIDING. John Hare, mate of the brig Eleanor, and Henry Luckie, seamau of the Amateur, were complained against for furious riding on the Waimea-road, on Sunday last. The defendants did not deny the charge. The following evidence was given. Constable Bradcock : I was on duty on Church Hill, on Sunday afternoon last. I saw the defendants coming up Trafalagarsfcreet afc a furious rate. They turned the Fleece corner aud went up the Waimearoad, at the same rate. The horses were going as fast as they could possibly put their feet to the ground. Had anyone beeu in the way at the time, the defendants could uot have pulled up, and passengers would have been in great danger. Oue of the defendants said his horse had bolted and he could not hold him iu. William Taylor: Last Sunday afternoon, between 6 and half-past 6, I saw one of the defendants riding towards Nelson at a furious rate down the Waimea-road ; one could not go very fast, his horse was so knocked up, he was ready to drop, and the rider beat him severely. I knew that one of the horses belonged to Mr. M'Conkey, and the other to Mr. Newton. I know Mr. M'Conkey's horse is a free horse, as I rode him some time ago when going to look at Mr. Johnson's cattle. On Sunday this horse could scarcely move wheu I saw him; be held his head rouud. I I saw Luckie beat him till he got to the ■ toll-gate. He then rode the horse several times into some, briar bushes there. He could barely get down the hill at Snow's, and staggered when he came on the level ground. Hare's horse was coming along very well. On the flat Luckie got off, because the horse could go no further. He then took the whip and beat him on the fore legs, taking one leg at a time, till the horse gave way and went down on his knees. He then beat him about the head. I leffc him flogging the horse, which, was bleeding very much from both spurs aud whip, and could not possibly go on. When he was brought back he lay in the stable-yard groaning. His Worship to Sergeant Nash : Fetch me the Constabulary Act. The Magistrate no doubt wished to discover a clause applicable to cruelty K to . animals ; but, by some strange oversight of the legislature, there is not in any of the acts, provincial or general, any provision, made for the punishment of cruelty to animals.

Patrick Birrell : I saw the two defendants last Sunday night coming down the Waimea-road, on the way to Nelson. I saw Hare riding at a hard pace, about 200 yards from Snow's. He pulled up in the hollow and waited till his mate came up. Luckie's pony was completely knocked up. I saw him beat the horse about the legs, he was beating him as far as I could see, till I lost sight of him going over the hill. Inspector Shallcrass said he had two more witnesses, but his Worship intimated they were unnecessary. Defendants said the witnesses spoke truth. Luckie observed that he did not think he was beatiog his horse too much, he only gave him about six strokes on the legs. The Magistrate : You Luckie appear to have treated the horse most cruelly, but Hare has not gone so far. The law empowers me to fiue you £10 each, but as there is a distinction in your conduct, I shall fine Hare £3 and costs, and Luckie £5 and costs, because he was the more cruel of the two . the costs to be equally divided ; in defaulfc of payment one month's imprisonment. The costs were £2 17s. Od., and the sum divided was £6 Bs. 6d. and £4 Bs. 6d. The defendants had not money enough about them to pay the whole amount, aud one of them was detained in Court while the other went and fetched the money .