MAGISTRATE'S COURT.

Oamaru Mail, Volume XXXVI, Issue 10106, 25 March 1909, Page 4

MAGISTRATE'S COURT.

THIS DAY. (Before Mr Hutchison, 5.11.) —Forgery. — ( Alton Atholbane, of Windsor, gardener, was cliarged that on the 20th March, a Oamaru, ho did forge a cheque on the Xational Bank of New Zealand for £lO 15s, purporting to be signed by R-. toeott, of Ardgowan. . , Mr Leo appeared for the informant, and applied for a further remand, as the police were not prepared with their e\idCSe?geant Griffith said' thai: accused had only been arrested on Monday. His Worship asked for what purpose a remand was desired. .. , n Mr Lee explained that there would be a great many witnesses to subpeena. Accused, asked if ho had any objection, to a remand to Monday, said it was rather long to wait, and that he wanted to gettlie°thing over as soon as possible. • His Worship asked what evidence the prosecution had. i Mr Leo said that the police had the evidence of the person whose name purported to be signed; the fact, that a ■cheque-book with a block bearing numbers corresponding to those on the cheques presented had been found among accused s effects; and, further than this, admissions by accused. , Accused said ho had no defence, ami wished to get the matter over as qmckly as possible. The case was adjourned to Monday. I —Mischief. —

Thomas M'Grath was charged with wilfully damaging two horses and a- cow, tho properly of Davis Bros., Maheno. Servant Griffith said that the accused had been working for Davis Bros, at Maheno. who had two horses and a cow shot. The horses had since died, but the cow was still alive. He called in cudenca „ , r , Oscar William Davis, tanner, Maheno, who said that on Wednesday, 17th inst-., he was at the ICauroo sale. He left- David Dunn and Thomas M'Grath on the farm when he went. M'Grath had been emT>loved on the place since the beginning of "February. Witness had given him notice to leave on the 19th of March, as M'Grath was not altogether suitable. Witness had a pea rifle at his place, but there was. so far as lie knew, no ammunition. When witness returned home about <;i-v o'clock he was told one horse :was bad " and he found that another also was " bad." He gave, both medicine and put them in boxes. One was a draught horse and thc> other a hack. He would value the former at £.55, and the latter at £ls. The draught was dead on the following morning. Ho and Mr James, a neighbor, examined the horses after their dealh, and found traces of bullets. -Speakiii"- from his own experience, the wounds that- lie saw were sufficient to cause the death of the horses. Following this, witness, on inspecting his -stock for further injuries, found that a cow had been shot. This was an ordinary milch cow, valued at £5. She seemed now to be improving, though not by any means right. Witness could not say whether the injury was permanent or not. Constable \\oodlcy interviewed accused in witness' presence. and made it clear to M'Grath that he was suspected of shooting the animals. Accused denied this at first, bui< subsequently admitted shooting over them and" at a post in tho paddock. Witness examined this post, but found no trace of bullets. Later, in answer to questions put to him in which witness was endeavoring to find out how many animals were shot, accused said, "I only shot four."' To his Worship: The horses were running together, and it- was plausible that if accused was shooting at rabbits in that paddock lie. miiiht- accidentally have shot the horses. Witness thought it was almost impossible tiiat the horses could have been shot accidentally, because of the position of the wounds—one of which entered rielit under the stomach. Witness admitted the possibility of the cow having been shot by accident. During a conversation with witness and Constable Woixlley accused said that he fired at the horses' because he wanted to see them jump. David Dunn, a laborer on the farm of Davis Bros., said that he saw accused on the 17th inst. with a pea rifle which he got from the last witness' room. Accused also had a new box oi cartridges, and said he was going shooting. Later witness saw M'Grath with a. rifle to his shoulder pointing towards the horses, which would be a 1-hain and a-half or two chains away. Witness did not hear a shot fired ; he was hard of hearing. Witness knew M'Grath was leaving; accused showed no signs of annoyance. There was no one else about the farm on that- day with u pea, rifle. Joseph James, farmer, Herbert, said that on the 18th inst. ho inspected two horses at. Davis* farm. One of these was dead and tile other was dying. The secojid horse died while witness was there, ue was satisfied that both had died as the result of bullet wounds. John M'Queen, storeman at Maheno, said that he soid cartridges to accused on the 17th inst. The box produced was similar to that he sold. Constable Wood lev, Hampden, said that on Friday, lDt'n, he visited the farm oi Davis Bros., Maheno. Witness saw the accused there, who said he was out shouting with a pea rifle on Wednesday, 17th. Witness told accused he suspected the latter knew something about tiie shooting of the horses, but accused denied any knowledge. lie said ho shot at a, post, and a small bottle he placed on the top of a pest. Witness examined tho posts which accused pointed out, and, although accused had said there was a bullet hole in the post no trace of bullets or holes could be tound, and no bottle was visible. Witness then accused M'Grath of shooting the animals, but accused denied the charge. When witness taxed accused a second time he said, "I'd like to say something but I'm afraid to." In the presence of William Davis and Frank Young witness said, "Xow say what you've got to say," and accused commenced to cry. He then said, "I fired over them I'll, admit." He gave the distance from which he fired over the two horses -at- about ten yards. When Mr Davis asked accused if he had shot over atu- more than four animals, he replied, '• I only shot four." Accused said he was too frightened to admit earlier. He fired at the animals, he said, to see them jump. Witness then arrested him. On the way to the station accused said to witness, "I'm glad I told you the truth; it'll be all the better for me won't it!" To .Mr Ongley : Witness had no knowledge of the accused beforo tho case. He thought he was either very clever or else very soft. There was something strange about his mental -condition. Having been duly cautioned, accused said he shot the horses, but did not do it purposely. Accused was committed for trial, having pleaded not guilty on the advice of his solicitor.'