POLICE COURT.-Saturday.

New Zealand Herald, Volume I, Issue 140, 25 April 1864, Page 5

POLICE COURT.-Saturday.

liictore Thomas Eeckham, Ksq.. K.li.) DAMAIiI: TO A IIOIISK. Aubrey l.ise Putton claimed from William Kelly the sum of 130 for damage sustained by him by reason of defendant having caused lameness to a horse, his property. c\- 30s. was chiimed for loss of horse from iluriitith March till the llih April; .L 5 for stabling the horse for the same period, and £12 10s. for damages sustained in consequence, of the horse having been ridden. Mr. Merriman appeared for plaintilC, Mr. l!evefor defendant. Mr. I'atton deposed : 1 rode the horse from the Otahuhu camp to town, on the liJth March. I wtukqd liie hor=e nearly the whole way. I cantered the hor-c about 2(io yards on the gra.-s between the ' Harp of Klin' mid the 'Junction.' The horso had been llred in his two fore le<;s. I put- him in the Club stable.- at noon. I returned to the stables at 5 o'clock on til- same clav, unci found the doors and window.- clo-ed, and in eonse.jucnee of the heat of the stal/lcs I iiad tlic horw put into, what I understood to i.e. Ihe • lloxiil' btnbles. The saddle and bridle was left in the .-tulile in which the horeo was tirst placed. L whs not siwfijv that tlie stables were occupied liy the defendant Kcilv. i saw Kelly the following morning leadiu,' inv lior.-e do»n the hill from the d.reclion of the House of H-.-presenlai ives. The horse was in a lather, and was lame on all four legs. 1 .showed him, about an hour after, to two veterinary surgeons. L had been obliged to buy another horse. The horse i still remains, "in the stable. I have to pay four j .<hilliii<;M ii dav for stalling. The horse has deteriorated in value about- Jii 2 "l think. When 1 saw my | horse in deleiida-nt's pos.-ession, my HiuldJe was on the horse. Cross-examined by JJeveridge : I urn (jiiitc certain that the ostler did not tell mo that Kelly occupied the stabl-'-v. 'J'he saddle produced is not the one that was on the horse when I met Keliy leading it. 1 don't know t hilt the horse had been groomed after I placed it in tiie stable. I don't, know when the horse was iired. 1 don't know whether the horse is usually stili'when taken out of etables. lie was not when I rode him in. He had only been in my possession a short time. I was present when he was put into defendant's stable. I had only bought the horse two dav's previously. i bought another hor.-e in conscquanco of lameness to this one, three, days after. L gave £25 for the injured horse. The lather on the horse was beginning lo.dry when I. met defendant wiili it. I have teen the horse once or Iμ ice since. Hv •Mγ. Mc-rrinmn: There was no Fweat o:i the horse when I. brought him in. The indication of sweat on him in the morning could not have been occasioned by my tiding the day bcibre. 'This case was here adjourned for a short time. UKKENAWAV V. COCHRANE. The. decision in this. <;;lm- was further postponed, Mr. I'.eckham slating that lie hud not had timu to <oii.\ider tin; ca.se, the Court having sat till a lato hour yesterday afternoon. OAI.I.OWAY V. DILLON A.M) lit:ltsT. Mr. "Wynii lor plaintiff ; .Mr. liuveriuge for defen.liint. Mr. ]Jnv<:rii]gc ief|uested that tho e;iso should bo l>ostpoiu:d; In; nad important business in hand which required his nuwunco elsowhore. Thero wen; two diiindants in the laiso, one only had been summi.nud, li- ihoiijsht tl)e case should "be jjoslponed till Mr. Uill.,n )nid been Mimn.o.cd. Mr. Wynii urged that tin! cane should be prceecded with; but he would consent to the adjournment if defendant, would pay plaintiffs expenses in conecqiifnt'C of the ilc.lay,'as he r.-sidedat Coroinandcl. Mr. IJevoriiijfc would not consent to this. Case eventually adjourned till ten o'clock on Tuesday. STAIIHIVO CASE. J William Doran was brought up oliargexl with [ stabbing Jo.-cph Martin with the intent of doing him j grevious bodily hiinn. .loseiih Miirtin deposed :—I livein Chanceiy-sireet; d«fondant live« in my house, i am a shoemaker. On Tuesday morning last I was at work ; prisoner came inside of my house and turned and looked out ot the door. I told him if ho was not going to work he had better go away and have hiw npree out and not come bothering me. lie then cume round to where 1 was hitting and took my knife off my seat. Hβ then made ut'j at ima'j foul livo[rnji£-> «ni sWbljed tti vr\tf> Va<»

knife on my loft shonldor. Tho knife produced in tho one with which he stabbed mo. There is blood on the knito : i( came, from tho wound on my shoulder. 1 shouted out Unit 1 w«k stubbed nnd seized tho prisoner by tin- right, arm ; he had tho knife in his right liniid. llnvis, inv neighbour, came in unci took the. kiiifo from his httiul. hi a moment Constable llainell came in. The doctor was scut for; Or. L'n'.isum came find drctued uiy wound. I saw tlic priaoucr lake tho knife away. The prisoner was out of my sigliA bofoi-c. The shirt rn'odutsoil was tho one I hail on. I told tlu> prisoner to po and rinish his spit-e, beoiiUHu he bad been annoy in- n,c a sjoo-l ih-nl for tho last three weeks bv goiug backwards and forwards taking glasses ol'"gi'oir. Sometimes la* wun drunk aud at other times appeaiwl a little less so. liy prisoner : 1 am not awure of having torn your coal. 1 did not at like you, but I had lo" throw'you on the floor to take a kiiil'o from you.

Edward Davis deposed: —1 reside next tho piosocutor Martin. I recollect on lust Tuesday morning, hearing tho pinsocutor cry out that he was stabbed, lie culled me by namo null I went inlo his house iuimediatcly. I saw Martin holding prisoner by tho arm, tho prisonor luid u kai oin his hand. They went struggling together. 1 took tlio knitii from prisoner There was wot blood upon the knife when I took it from him. Two policemen took prisuner into custody. liy the prisoner :—About a fortnight ago, I hoard you eryiiur out, but could not hoar what ymi said. I euniiot Jk- whetlitir I heard you cry out 1110113 than onco. Cunt say whothur your cry was " Don't strike an old man like me." Richard Huniett dopeeed : —I am 11 constable in thn annod police. From information I received I wont to prosecutor's housoon Tuesdny morning. I saw blood llowinjj from tho lowur part of hiri nock. Thorp was a quantity of blood on the lloor. Prosecutor appeared much exhausted from loss of blood. Tho wound was bleeding profusely. I wont for a doctor. Prisoner wus lying on the tloor. I searched tho room and found tli<:l kuifo produced on the chimney, wet with blood. I took the. prisoner into cuutody. Dr. Daliston deposed:—About halt-past nine on Tuesday last, a policeman railed at my house. I went to prosecutor's house in Chancery-street. I found the prosecutor sitting in a chair bleeding from a wound in tho throat. 1 examined tile wound. Tlio wound was about half an inch above the collar bone, null an inch and a half from tho centre of windpipe. The length of the wound was an inch anil a quarter, and appe-ired as if there had been two incisions. As the ble.ding had nearly reused si that I did not probe, the wound. Tho wound could not have been deep, or in that position it must have proved morbd ; it could not have been deeper than half-aii-ineh. The knil'e produced would huve caused the wound hut ; it could n:t have been used wi:h much force. I am still attending tho prosecutor. The wound is doing very well. Tho wound could not have been given in a more dangerous spot. The external juggler vein is cut ; tho only danger is from erysipelas. The prisoner said he had nothing to say. Ho w:m so tipsy that he did not know what he was doing. Prisoner was committed to t;iko his trial at the next session of the Supremo Court. DUI'NKAKIM. Thos. 11. Davidson, 20s. and costs; and Martha McGrath, sixth otlenee, JO?, and costs. VATTON V. KKLI.V. This c-iiee was resumed at 12 o'clock. Mr. Merriruan c-illod John Anderson, veterinary eurgoon to tho lioyal Artillery, who deposed:—l was called ui>on by Blr. Patton to oxamino a horan far him in tho Club ptnbles in Auckland. It iv;is on Sunday tho 'iuth Mai-ch. betw<«<<n 11 and VI. Tho liorsv had Wx-.n previously fired in the two lore-legs. The horse was in a high staU.- of fever when I s:i\v him, caused by over-exertion. I looked at his skin, and the animal showed evident symptoms of having been ridden almost to u stand-'still. There was a stitiiiess of the legs, which was a symptom of the fever. The hair was wot from perspiration. There were patches of dried perspiration. One could see that it saddle had been on the horse. The horse had evidently been hard ridden. The rider should have been brought up on the charge of cruelty to animals. Tin. , horse was in that state that you could not say what particular part of the horse tho inllammatiou would set in. Over-oxertion caused the stillness of the Riding in from Otahuhu at u foot-pace would not have produced that stifiiies.-.. It did not arise from the origin;d injury for which the horse hud been tired. Tho horse was not tit f<u- use when I examined him. AL that time I would not have given £■'> for the horse. The injury sustained by the horse will expose him tn a repetition of the complaint. Cross-examined by Mr. Keveridge: — 1 .should say the liuiw! was not in ;i .sound condition the week previous to my seeing it. Mr. Appletou, veterinary surgeon, was with me when I saw the limse. I consider the horse was in a dangerous slate wli.-n I saw it. It depended upon what a horse has been tired for. whether a stillness remains alter such an operation. Stillness does not nceess'irily follow firing; it frequently does. I never saw tho horse till I examined him'and have niver seen it since. Tlio hoi-so was very wet when I saw it. My examination lasted about ten minutes. Mr. Patton told mo nothing about the horse perspiring in the stable. If a horse be diseased, in some cases, it causes perspiration within exertion, even as much as if drawn into a river. ISVarly all acute diseases causes this perspiration, ouch ;us intlummation of the bowels. I can't say whether the horse was .suffering from intlamniation of thi! bowels. The horse could not have been seized with inflammation of the bowels three hours previous to the examination.

William Appleton, vetreiuary surgeon of tin; Military Train, deposed : L have heard previous witness's evidence, and agree- with what lie has stated. I examined the lior.se in conjunction with Mr. Anderson. Croi-s-examined l>y Mr. lieveridge: I found the horse in h state of perspiration ; it ws very wit and dirty. The horsewas suffering ii-oin lover and stiffness of tho limbs ; he was suffering frail debility, caused by ovi . exertion. That debility could not have been caused by any disease with the symptoniK that wore then manifested. I don't know" tho state of the horse the day previous to tlie examination. Stillness does nor necessarily arise, from iiring. l>y Mr. Merrimau: The marks of perspiration were over all the body, particularly whore the .saddle rests. John Alif: I am Mr. Patton's servant. I saw him start from Olahuliu lor town. The. horsu was not Ihijiu then. Cross-examined by Mr. ISoveridgc : The horse was in the field previous to my saddling; it. I saw the horse two days before that for the first time. I never saw any stiffness i<l the horsu till I saw it in town. I saw the horse about a. week after lie left Otnhu.hu. This was the case for the plaintifl'. Mr. iievcridgo then addressed the Court, arguing that the evidence had totally failed, it, not having been proved that the defendant had ridden the horse; and that the case was of a most trumpery character. William Kelly deposed:—l found the horse in my stable, on Saturday evening covered with sweat. 1 saw it a!>out nine next morning, it was then in the same stall tied in a dirty stable with nothing on it, there was a government head stall. I look it to the Commissariat stables to iind who ho belonged to. I led him; I rode him part of the way back in a gentle trot. L was anxious to get him out of the stable to prevent him from injuring my own horse. I made every enquiry to find' whose was the horse and I wae told it belonged to Mr. Patton. I swear I never rode it beyond a trot. 1 used an old saddle from the Koyal Hotel anil put it «n the horse. John Wilson sworn: —I am in Mr. Kelly semploy. I saw Ihi.s horse on Saturday evening in Mr. Kelly's stable. It was covered with sweat. I saw it next morning at 7 o'clock. It was not cleaned, but was dry. liv Mr. irurrima.ii :—There were saddle marks on it. "l do not think those saddle murks could have been produced on a horso walked in from Otahuhu. They might have been on a horse cantered 2011 yards on a very warm day. Kdward Kinlock :—1 am a Veterinary Surgeon. I was willed to examine a horse by Mr. Kelly on Wednesday last—it was on the road apparently coming from the hea. It came along as lively as such a horse could. Jt lias been lired and is crippled forward. I should say the horse lias boon crippled some mouths by enlargement of some of the bones of the torn legs, r'leuresy might have been produced by the change from a warm stable to a cold one while in a state of perspiration, and in that state a horse woidd have stiffness of the joints. The Court decided that the action must be nonsuited, as plaintiffs evidence failed to prove what condition the horse was in before the time in question. Costs to be allowed to defendant if there was any j precedent for such a course.

Donald 3telnto*h wus charged by John Brown with assault. John Brown, a soldier of the -13rd regt.:—I snvr prisoner that morning about 3 a.m. ] was coming ut( from toWTi; t.rxd ho tuti v.ftor mo, pri.ncwtT ewuok

mo with his fii-st and fcnocfcoJ. m n down and tlwn kicked ino m tno oye. I novor s» prisoner beforn, he aftonvards mn «way ami I run alter him and gave him in custody of () 10 p O ]i ttJi rnsoner, a boy of alxjut fourteen yoars of ai;-, deniiid kiekiii- phuntif}' when down. J. Mullidy, Constable, d,p ow <l: Pioepcutev .*.-.uo and eninpliiineil u, lm< „-,„.„ ou Jut hl jj hortkn j. street, that j,e hud boon iiNiaultcd, aiid, in ClmncorjLine.,. jKiinted out prisoner as his nssiilant. On tnkiui; pxißonor into custody, he denied tho assaull but seeinod rathor fui-ious, ;ui-t ]wA a stick in his hand nud «'as with two other jm.'i*oii». l'iisomr denied being drunk, mid said that the prosecutor struck him first and knocked him down, when ono of the men with him, in him from prosecutor, gave tho latter tho black eve ln< hail. Till) defendant wiuj fined j>s or two months' hard labour.

ARHIVAL OP THE ' OTAGO ' with the