RESIDENT MAGISTRATE'S COURT.

Taranaki Herald, Volume II, Issue 85, 15 March 1854, Page 2

RESIDENT MAGISTRATE'S COURT.

Thursday, March 9. liUtop v. Wilson. In tills cnsc, which «ns licnrd on Thnrsday list, before J. Flight, E«q., Resident Mngistrntc, ami 1\ Wilson, Esi)., J. P., in tbo nbove court, the defendant, T. Wilson, »vns summoned foi injury done to some cattle belonging to the pljintifl, \V. Bishop. The case was stated by Mr. Norris. It appeared thai the cattle of tho plaintiff and others were depasturing in the neighbourhood, and that the defendant flrod three allots At tho cattle, dangerously wounding two cows. Mr. Norris said the case was a very serious one, and had not consideration for tho defendant moved the plaintiff to adopt civil proceedings, tlic defendant would havo been subject to a serious punwliraent, Tho evidence produced in support of the charge was that three children, who had chnrgo of the cattle, saw the defcn« dant (ire two shots at the cattle, and then go into the house, am) rnturn and fuc again. The boys wore positive as to the identity of the defendant, and described the nay in which ho was dressed.— The damage wus proved to be about linlf the value of one animal, and the lotn of the produce of tlic other for 5 months at the rate of 4s. per iveck. The defendant cross-examined the witnesses nt some length, with tho view of showing that they were mistaken in the person who fired upon the cuttle. The defendant also im.ii.tid, but did not prove, that from t)je place described by the boys

I as the poiition from which they saw him fire, it wan imposnible to determine the identity of any person. The defendant called whncsses to prove j that he had not fired durjng the week, except two nhots on Tuesday evening, when he Killed two guinea fowls. ' Tho evidence, on tho whole, was of a veiy con. flirting character, nnd tho difficulty of arriving at n conclusion upon tho ca«c ( much enhanced by the youth of the principal witnesses. Tho Kcnidcnt Magistrate in fiivinp; the decision of tho Court, slated that they considered the weight of evidoneo on the phiintift's side, rid that tho <lofenee, had failed to make good any ono point subBlnntially negativing that evidence. Had the matler been proceeded in criminally, tho Court would liavc had no alternative, but to take the evidence, nnd on determining that there was sulheient to EU3~ <iin the charge to remit tho case to the Supreme Court at Auckland. A milder eoiirsd had been adopted, nnd the judgment of the Court w,tß, that flif defendant pay damages £15 and eostii.