RESIDENT MAGISTRATE’S COURT.

Temuka Leader, Issue 1256, 23 October 1884, Page 3

RESIDENT MAGISTRATE’S COURT.

Tbmtjka— Wednesday, Oct. 22, 1884,

[Before H. W. Robinson Esq., R,M., and S. D. Barker, Esq., J.P.]

TRESPASS. John Carter was charged with having, on the 9th of this month, trespassed in pursuit of game, on the land of Philip Wareing at Milford. Mr Aspinall appeared for the prosecution. Ellen Webb gave evidence to the effect that on the evening of the 9th just. she saw defendant, with dog and gun on Philip Wareing’s property. To defendant : I saw you in front of my house. Accused : I never Mr Warning's ground. To the Court : It was after 5 o’clock. I knew the man by sight. Could not have been mistaken. Heard no shots. P. Wareing : I occupy the Education reserve at Milford. Mrs Webb lives there. I advertised that people would be prosecuted for trespassing on this land in every issue of the local paper fur three months. There are sheep on the place and they have been very much disturbed. Never saw accused on the land.

The defendant denied baying been there.

Mr Aspinall said he would not ask for the full penalty of L2O, but for sufficient to prevent people from trespassing again. His Worship said he could not pass it over with a nominal penalty. He would fine defendant LI, and costs LI 18s. Mr Aspinall asked His Worship to let the fine go to the Acclimatisation Society. His Worship said it would have to go into the public account, and then it would he necessary to make a claim on the Controller-General. CIVIL CASES, W. Ackroyd v. G. Kahu—Claim L2, Mr Aspinall appeared for the plaintiff. Cope (Maori), shepherd for Mr Ackroyd, stated that on the 28th of Sept, he saw dogs worrying the sheep. His wife went out, and saw two dogs chasing the sheep. lie took his gun, and went after the dogs. Recognised George Kahn’s dog. One of the dogs went away, and he shot the other. To defendant : I shot one dog. I came to tell you three days after, but you would not turn to speak to me. I got leave to shoot any dogs worrying the sheep. The same evening George Kahn’s boy brought me the other dog and I shot him. I saw two sheep dead that day, but two days after I saw another one dead. They had marks of having been bitten by dogs. Henry Pratt : Was with Cope on the day m question. Saw Cope shoot the dog, but I did not know who it belonged to. Saw the dog outside George Kabo’s bouse the day before. To the defendant ; The sheep was ( badly wounded about the neck. William Ackroyd : I am a butcher. I have sheep grazing on the run, and Cope is ray shepherd. I have had a great number of sheep killed. They are worth LI per sheep, George Kahn : I do not know anything about them. The shepherd told me he shot both my dogs, and Quina told me about this. 1 asked Quinn to show me the sheep killed, and he said they were not to be seen in the paddock. The dogs were not registered. F. Fowler (Maori) was in company with* Cope on that day. He saw the sheep, but it was. not dead, It was hurt about the neck, X told Cope it was Kabu’s dog. Judgment for the amount claimed, and costs, 10s. . Michael Quinn v. W. Hooper —Claim £2. Mr Aspiuail appiared for the plain tiff.

Michael Quinn : I am tenant of the sicik-u on which the defendant’s premises stand. The -prrvhus occupier became bankrupt in 1881. and his trustee in bankruptcy assigned the lease to me. The defendant has paid rent to me since August, ifaßl. To defendant. ; The number of the section i 5.8699.

Defendant: The section that my property is on is No. 168. How did you become possessed of that ? Plaintiff: The property you occupy I bought for L4O by auction in Temaka. I told you I would charge L2O a year for it, and you said “all right.'’ George Bolton : I was trustee in Owen Carr’s estate. The lease was sold to Mr Quinn. When trustee in the estate 1 had the land surveyed. I had to summon Mr Hooper to Court then.

The defendant stated he willing to pay if he was liable. 'i..u section on which his property on was section No. 168, Government reserve.

His Worship gave judgment for the amount claimed and costs.