RESIDENT MAGISTRATE'S COURT.

Taranaki Herald, Volume XXIV, Issue 2451, 4 October 1876, Page 2

RESIDENT MAGIST RATE'S COURT.

Monday, October 2, 1876.— 8ef0re H. .Eyre-, lfrnny,Esg.;,lUt '\J ' ' ' f JUBGNtEST Kp9, PJ,AINTJFtfB.T^mWiCK, Bell v. John Powell.— Plaintiff' claimed lOq., for buidiug a pair of cart wheels aud 4s. for a' new spoko and livits. Dofeudantsaid tho work had Hot been Well done,' nn'd the tires came off sooner than they should. Plaiutiff said the work hafl been done -as Well as could bo considering the wheels were old, Judgment for plaintiff with costs. — Houoyflcld and Aiead,, r. 1 1!. L. Humphries and Son.— Mr. Halse tbt defendant. Tho plaintiffs claimed £7 for a hoist. The defence was that tho hoist had not been hougkt' hut taken ou approval and not suiting had been returned. The plaintiff contended that the hoist had beeu kept by defendants an unroasolisablo time aftfcr' trying it, viz., 18 days, and that ho (the plaintiff) has a right to consillor tho sale complete. The Court was of this opinion, aud gave judgment , for the plaintiffs with costs. * " „ , „ ..Hoß.su. Wandbbing'. — Jonathan . Jlusselt was fined £1 and Cs. Gd. cosjs for ajlowing hia horse to wander'iu'Vrvinn-Btreet'oti the 28th, of last mouth, " .. OATTXIS fcEsriun.— Stephen Hughes vl 'Jdmci Mfchf hfton. Mr. ' Halse for proscoatbry ' Mr( Hftmmeirton for dafendanfe, ' '•' James MitobihsOii wns^harged wlthlfa.viftf 1 rescued' 1 on tlie IBth of laet month, a cpw whicli iMd btien" lawfully 'rfeijjfed by Mrs:' Carthow, for tho purpose of Taping impounded' Tho offence Of citttta rescue' 4s indtie, by tho" 32nd clause of-; .tlw Cattle Impounding Ordiuauco, 18,7.0," a misdemeanor, punishable summarily by' a line of not. leas tluMtil£3jfH>d imprisonment. Defendant pleaded uot guilty, Mr. Halee appeared for the prosecution; Mr. Hammcrlon lor tho dofcuco.— lda SoutSifey) darthow stated eho was a >vidow, living at thtf

HeffuVneaf "Lemotf-strcet, and had n section next but one to; Lemon-street. Defondaut I^d land unfence'd on both sides of the upper part of Lemon-street. She had permission from the Town Board to use Lemon-street, for whicb sbe paid I2s. Cd. n year. She had a boy named Stephen Hughes in her service. Da the 13th September a cow kept by defendant was in Lemon-street, closo to the cross fence. Witness directed Hughes to impouud tho cow, and she went with him. The cow was standing on Lemon-street. Stephen Hughes took the cow and drovo It towards Devou Live, along Watson-street. He hud got it just across the railway when defendant and Boulton mv up. Dofondant aimed a blow at the boy with his hand, and witness heard him, call out something, but what she forgot. The defendant then turned tho cow round, and be and his man drove it back to his field. The cow was taken away from the boy. Cross-examined : There is no fonce ou either side of Lemon-street to tho river. The cow was nearly twenty-two yards from Lemon-Btrect. Sue saw the cow from her kitchen door. It was merely standing still near the slip mil. Defendant said something to the boy about the Court. Witness told defendant she wns going to pound the cow, and that he could not tsike it away from her. She said this after the cow was taken away from the boy. He stood between her and the cow, and told her to come and get it, but Bhe dnred not. — Stephen Hughes, a lad about 11 years of age, said he was going to pound a cow last mouth. He got it in Lemon-street. Tho cow was near the slip bnra which were near the middle of tbo feuce. Mrs. Carthew told him to pouud the cow. Sbe took down the slip bars, and witness went inside and drove the cow out. The cow stood still. He drove it across the railway lino towards Devon-street. Defendant struok witness, aud drove the cow away. Defendant said he would bring him to Court for going on his field. The defendant drove the cow iuto his paddock. Cross-examined : Mrs. Carthew said to defendaut that witness was going to pound the cow. Defendant said she had better come and put it in pound. Mrs Boltou called out that the cow was goiug to the pound before defendant camo to drive the cow away. This coucludcd the evidence for the prosecution. — Tho Court was of opinion that a charge of so grave a nature as tho present one, taking into consideration the severity of the minimum punishment that must be awarded, involving both fine and imprisonment, should be as clearly proved ns if it were a clime of a more serious nature. Tho Court was not satisfied that the defendant was swarc at the time ho headed the cow that it ' ..had been seized for the purpose of being im- ■ pounded, und therefore dismissed tho case with costs. A similar charge against defendant was adjourned to the 25th instant. Vagrancy. — Patriot Neary wns committed for one month for having iusufficiont lawful means of support. Drunkenness.— John Munroo was fined £1 17s. for being drunk on two different occasions.