MAGISTRATE'S COURT.

Oamaru Mail, Volume I, Issue 156, 20 October 1876, Page 2

MAGISTRATE'S COURT.

THIS DAY. [Before T. W. Parker, Esq., R.M.] WANDERING HORSES. Peter Dooley and Gavin M'Ghie were charged by tue Inspector of Nuisances witn°allowing horses to wander at large within t.ie limits of the town. There was no appearanc-j of either defendants, and tue Ueucii inflicted a line of 4s. in each case. FURIOUS RIDING. James Liddle and William Stevenson, two small boys, were charged with a breac.i of the Town Ordinance in riding furiously through the streets on the 17ti. inst. Both defendants pleaded, " JSfot Guilty." Constable Donovan deposed that, while on duty in Thames-street, on the 17th inst., lie saw both tne defendants riding m a most furious fashion through Tnames, Kioble, and Humber streets. Stevenson seemed to nave no control over his horse, which bolted as far as the Town Boundary before it could be pulled up, defendant holding on to the saddle. Wnen the boys were spoken to, each tried to put tne blame on the other. Tne evidence of the constable was corroborated by Sub-Inspector M'Cluskey. Mr. Liddle, father of one of the boys, stated t.iat iie was informed that his son uad never lost control'of his horse. The Bemh considered the case proved, and lined each defendant £l. CRUELTY TO ANIMALS. John Fricker was charged with cruelty to a horse at A.-vamoko, on the stii mat., by over riding. The accused pleaded *« Not Guilty,'-' and was defended by Mr. O'Meagher, who requested that all witnesses should be ordered out of Court. Sub-Inspictor M'Cluskey deposed : Un the sth instant I proceeded by tram to the Duntroon Races. On arriving a little past Airs. Flicker's Awamoka Hotel, which is situated a little off the railway line, I saw the defendant ami some other horsemenriding toward the Maerewhenua River. They were then riding at an ordinary pace. I saw accused pulling his horse's head about with the bridle, after which he scarte I into a gallop. When he had gone a littb distance he was rolling about so much in the saddle-that -he left the impression he was either under the influence uf liquor or a very bad rider. When he had gone past a place called Black Point I saw him with the stirrup leather and iron in his hand, which he used in beating the horse. I cannot say whether he loose-ed it himself or whether it became so by the fast riding. He was using his best endeavours to keep pace with the train which runs along the road. When I he struck the horse with the leather strap the iron must also have struck it. When the train stopped accused took off his hat and waved it as if in bravado for having beaten the tram. He was riding at the rate of from thirteen to fifteen: miles an hour. After crossing the river I asked him why he had used his horse in the manner he had, and his reply .was, "T wanted to let them see 1 could beat the railway." . . . . ■•.•••-;•. Cross-examined : I think, on recollection, it was about a quarter to we arrived at the Maerewhenua^i;l : -aon t consider that eight miles at\ a Stretch.M the rate of thirteen miles an hour,- haw work for .some be for others. ;sSsMghj%ttg!&sfc*ok that the pony Fricker-^a^^^^^^a much. 1 am l.it the honse when th^l|B|j^^j||jfflg^ 5 At times he chains distantfr^^j^^^^^^^^^^^^M examine- n marks of horse have^iH^^^^^^^^^^^^^^^^^^^H

William Jones Smith, deposed : I am traffic manager of the North Otago Bailways, and residing at Oamaru. I went by the train, on the sth inst., to the p«ntroon races. I saw the defendant riding ! on the road at Black Point. When I first saw him, he was in company with some other horsemen, and his pony shied at the train. The pony seemed more frightened than to ex nbit an inclination to go on. After we had passed him some distance, the defendant put his pony into full gallop, and when he had gone about a hundred yards, i-ne of his stirrup-leathers came off. It did not fall to the ground, but defendant stooped down, took it in his hand, and commenced beating the animal with it right and left. He never drew reins until he had reached the Maerewhenua, still thrashing with the strap. I did not notice what position the stirrup-iron was in; I could not see it, his movements were so quick. He was swaying from side to side in his Baddle. The road is both rough and heavy. When I saw him first, it would be about a quarter to twenty minutes past eleven. The train arrived at the station at about five-and-twenty minutes to twelve. The train was going at fifteen miles an hour. To the Bench: The pony, on arrival, was breathing very hard, and in a lather of sweat.

Cross-examined : When I first Baw defendant, it was about a quarter t:> twentyminutes past eleven. It is six miles from Black Point to Maerewhenua. It was after the defendant had passed Black Point I saw him use the stirrup leather. I dare say I could see all that the defendant had done, as well as Sub-Inspector M'Cluskey. lam not at all shortsighted. I saw him stoop down and pick the stirrupleather off his foot. Defendant's horse shied at the train, but he seemed quite able to manage it. This concluded the evidence for the prosecution, and the Sub-Inspector was about to address the Bench with regard to a discrepancy in the evidence, when Mr. U'Meagiier objected, and after hearing the reasons urged, the Magistrate allowed the objection. For the defence, Mr. O'Meagher drew attention, to t.ie glaring discrepancy between the evidence of the two witnesses with regard to the use of the ir n upon the beast, the first swearing mosu positively that the iron had struck the horse, and Mr. Smith distinctly declaring that ttie movements of defendant were so rapid, that it was impossible to notice in what position the iron was in. "While most anxious that, were defendant guilty of the alleged cruelty, he should be severely punished, he contended that no such charge could be, substantiated. After commenting at some length upon the evidence, Mr. O'Meagher called upon the defendant, Johti Fricker, who deposed:. The pony I was riding is about fourteen hands high. It is sixteen years old. I bred it. She ran about sixty lour, miles yesterday, starting at six a.m. in the morning, and coming in last night. I have ridden it repeatedly twice from Awamoko to Oamaru in a day. That is a distance of seventy-two miles. I don't consider it tall riding to ride six miles in twentyfive minutes. It would not do it much harm to beat the Awamoko train. On the sth inst. as I was riding to Maerewhenua when the stirrup-leather came off. To the best of my knowledge I held the iron in my hand, but I was a little the worse of drink. I would not ill-use the pony intentionally. I heard the Sub-inspector state that when he spoke to me he went to look for Constable Grant. When he asked me wiy I.bad furiously CoAstable Grant was stariakig beside him. ; -■>. . . To the Sub-Inspector : I will swear_that I did not wilfully hit the, mare with the iron. I will not swear that the' iron never touched the beast. I have no recollection" of .you speaking to me more than once, and then Constable Grant was with me. I had taken possibly half-a-dozeh glasses •of grx) o '. ■. , ■•"'■'■ Tif<r Bench considered the case fully proved, andThflicted a, fine of 40s. The Court then adjourned* and on resuming the following- cases were heard and adjudicated upon:—Hugo Lippert v. -John Sullivan, claim £1 3s 4d; Lippert and another v. Campbell, claim, £7 14s 8d ; Lippert v, Sullivan, claim, 14s 4d ; Thompson v. Stewart, £9 15s; Stewart v. Smillie, £42 16; Fultyn, Barret, and Co. v. Gibson, £2; Grave v. Thompson, £2O 15s ; Wheleh v. Casey, £6 ss.