CITY POLICE COURT.

Otago Daily Times, Issue 9040, 16 February 1891, Page 4

CITY POLICE COURT.

Satdbday, Fbbijuabt 14. (Before Messrs John Logan and H. Gourley, J.P's.) DBraKENNESS.—For this offence Thomas Fierney was convicted and discharged, and William Barry (against whom were recorded 23 previous convictions, six of which occurred withu the last six months) was sentenced to one month's imprisonment. Alleged Fuaiotrs Riding.—John Curio and Arthur Elliotb, two youths, were charged with riding in a furious manner on February 8, on the Ravonsbourne road.—Mr A. C. Hanlon appeared for the defendants, who pleaded not guilty.—Sergeant O'Neill said that on Sunday, the Bth mat., the two defendants galloped along the Havcnsbourne road, from Logan's Point to Clyde street. A young man named Smith was on the road and narrowly escaped being knocked down, while a dog was ridden over and severely injured.—John Smith gave evidence, that he was on the road at the time mentioned, when ho saw the defendants galloping towards him. To got out of their way he had to go off the road on to the side of the embankment, and if it was high tide he would have had to get into tho water. Hi 3 dog, which was with him at the time, failed to get out of the road, and was consequently ridden down. Cross ■ examined : Witness' dog was an Irieh setter. It was not in tho habit of running after horses and barking at them. Ho did not notic9

if it had done so on this occasion, bat did not think it had.—David Brodie and Sergeant Brown also gave evidence.—Mr Hanlou then addressed the bench. On the day in question Elliott and Curie had taken tho horses for a swim near Logan's Point. When they were about to return homowards, a dog rushed at the horse ridden by Elliott, and as the latter

had no saddle, he was unable to stop the frightened animal till it had nearly reached the place where Smith (who was the informant in the case) was standing. The latter's dog then started at the horse, biting its heels and got kicked for its pains. The horse then started off afresh, and Elliott managed to pull it up again when he got as far as Clyde street. Curie had simply followed Elliott, so that if the latter met with an accident he could be handy to render any necessary assistance.—Evidence was then given by both defendants,—At the suggestion of Mr Gourley, Sergeant-major Bevin was called to answer a question in horsemanship. He said he had had a largo experience in horses, and found that a practised horseman, with a good bridle, could pull up a horso almost as well without a saddle as with one; but an indifferent rider would not have half the power over the animal without a saddle. —The Bench then held a consultation, and Mr Logan intimated that ho and his brother justice could not agree »s to their decision. —Mr Hanlon: Then it will be necessary to call ie a third justice.—Mr Logan replied that the case wag not worth hearing again, and the police, therefore, need not take farther action,