POLICE COURT CASES.

Otago Witness, Issue 1927, 29 January 1891, Page 11

POLICE COURT CASES.

The RAiiWA* Bye-laws. — At the City Police Court on Saturday James Runciman was charged, on the information of Hugh M'Coll, railway signal man, with allowing a horse t) trespass on a certain part of the i railway at Green Island on January 5, 1891. — Mr Haggitt appeared on ' behalf of the railway authorities, and Mr Hosking appeared for the defendant, 4 who pleaded not guilty.--.~Mr Haggitt said that the information was laid against Mr Runciman under a bye-law made by the Railway Commissioners of New Zealand, and published in the Gazette. It was made under section }3 of " The Public Works Act 1882, Amendment Act 1885," which empowered the commissioners to make the byelaws, and among the things enumerated as in* fractions of this bye-law was the trespassing on the railway line of persons or animals. The circumstances of the present case were as follow: — On the night of January 5, 1891, about 35 minutes past 10, a train waa coming along past Green Island, or Burnside. The enginedriver, as he was going through' a cutting, noticed a horse in front of the train. He put the brakes on, but before the train could be stopped . the hbrse^as knocked down, and got underneath the cow-catcher of the engine. The hor.-e was the property of Mr Kuncimau, and was handed over to him the next - day, when it had to be killed. JPrma facie the horse was the defendant's horse, it was in his possession, and it was his duty to see that it was kept off the railway line. For the purpose of the information it was only uecewary for him (counsel) to prove these facts. — Evidence waa given oy Hugh M'Caw, signalman, at the , Burnside station ; John . Forest, enginedriver ; John "Smith, platelayer ; and Constable O'Sullivan.— Mr Hosking then addressed the Court. He submitted that it was incumbent on, the other side to Bhow that the horse was not only on the railway line, but that it was there' through the wilful neglect ol Mr Runciman. However, in order that the bench should have the full facts of the case laid before it, he would call Mr Runciman, who would state that the horse get on the line by the negligence of probably the railway officials themselves. There was a gate ou each bide of the line, but the gate on one side of the line was always kept locked, and that on the eide adjoining Mr RuncimaD's property was always unlocked, so that if a horse got on th« line it would have great difficulty in gettiug off again. It was a regular trap, and it would be far safer to have no fence at all. Mr Runciman would say further that he had never used the gate, and never had occasion to use it ; also, he would tell their Worships that a few days before the accident there were railway men working near the gate, and that it wag, in all probability, left open by these men. Ho (oounael) might add that this action would never have been taken by the railway authorities had not Mr Runciman applied to them for compensation for the loss of his horse.— James Runoiman, a miller at Green Island, gave evidence. — The Bench at this stage said that they were of opinion it was unnecessary to proceed further with the case, and the charge would be dismissed. — Mr Hosking applied for costs. — Costs to the amount of £1 Is were allowed.

Vageancy.— John French was charged with having insufficient lawful means of support. — ■ Sergeant-major Bevin said that aboul three weeks ago accused was an inmate of the Benevolent Institution, but had left the place, and was now quite destitute. The police were under the necessity, therefore, of bringing him before the court-. — Mr Gourley said that the man was more fit for the hospital than the gaol, for it was quite evident he was in a shattered state of health. He would be discharged. — Sergeantmajor Bevin asked if the Bench would recommend that he be sect to the hospital, but Mr Gourley replied that accused was not before the comet at all.