RESIDENT MAGISTRATE'S COURT.

Otago Witness, Issue 283, 2 May 1857, Page 5

RESIDENT MAGISTRATE'S COURT.

Tuesday, 28th April, 1857Before A.. C. Strode, Esq., R.M.

Muir. v. Gundry. — This was a case in which the plaintiff, a settler at the Green Island Bush, sued the defendant for £'2<X for damage done by the defendant to a bullock, the property of the plaintiff, by shooting it. Mr. Davidson appeared on behalf of the defendant.

The plaintiff swore, in his examination, that he had seen the defendant, on the morning of the 21st April, shoot at the bullock. He had a doublebarrelled gun, and fired at the beas.t twiqe. Plaintiff observed that the bullock was hit, and on, examination found it was wounded in the hip, apparently with duck shot. The evidence of the plaintiff was confirmed by his son, David Muir, who a'so swore to seeing the defendant shoot the bullock, which was on the defendant's land.

The evidence was unshaken in cioss-examina-tion.

William Kirkland, a settler in the same district, was called to prove that the bullock was rendered useless, and estimated the damage at j£2o.

David Andiew corroboiated the testimony of the last witness, and estimated the damage at the like sum.

For the defence, James Isteed, labourer, was called, who swore that on the morning in question he was working in his garden from about 10 minutes after daylight. He lived within 200 yards of the defendant's house. He did not hear the report of a gun. Had one been fired on the defendant's premtses, in his opinion, he must have heard it. He knew the spot on the plaintiff's land from whence it was alleged he had seen the defendant fire. From that spot it was not possible to see the defendant's grass paddock in which the bullock was said to have been shot. In his opinion the bullock was worth £7. The Court gave judgment for the plaintiff in the full amount claimed.