MAGISTRATE'S COURT.

Taranaki Herald, Volume LIV, Issue 13841, 22 December 1908, Page 4

MAGISTRATE'S COURT.

CIVIL BUSINESS

The sitting of the Magistrate's Court was continued yesterday afternoon, after the Herald went to press. Mr H. S. Fitzherbert, S.M., presided. ARREARS OF MAINTENANCE: Helen May Throssel, for whom Mr Johnstone appeared,- sued Edwin Throssel for £41 f arrears of maintenance moneys due. The evidence showed that the parties were married in Sydney, and later came to New Plymouth. Disagreements arose, and in 1906 they separated under a deed of separation by which defendant was to pay to plaintiff £1 per week for her maintenance. The sum of £41 was now da*. Defendant admitted the debt, but said he was absolutely penniless and could not, pay it. Asked what his occupation was he said he had none. * Judgment was given for plaintiff* for the amount claimed, with costs £2 !S£. A DEAD SHEEP. . William James Gray, farmer, Okato, sued Thomas Frederick Trimble, far* mer, Okato, /for £5, damages for sheep alleged to have been killed and injured. Mr Quilliam appeared for plaintiff, and Mr for defendant. For the plaintiff evidence was given Jhat on November 23 he was ..driving some sheep along the Hempton Road into the South Road. As he was turning from the Hampton Road into the South Road defendant drove along quickly between them, and cut off about fifty of them. These raced along in front of defendant, who did not slacken speed, for a distance of 13 -chains. At the Kaihihi Bridge, v plaintiff swore, he saw defendant crash into several of the sheep/ One sheep, a ewe lamb bred from a stud flock, was killed. Its neck was crushed and its &cad split. Another had- its spine injured,' and two were lamed. Trimble still drove on to the d^airy , factory, about a chain from the bridge. There plaintiff pointed out to him that he had killed the sheep. Defendant denied this, but a few minutes later said, "Well, they were in my road.'' Trimble then wanted to fight the plaintiff. In cross-examination plaintiff said that Trimble was driving at about nine miles an hour when he- crashed ,intt> the sheep. # l JJf "'*' Evidence was given for the defence that Trimhle did not drive fast. He was driving ait, old brood draught mar,e in a heavy spring cart containing ovgr 1000 lb* of -milk. -He didtoof cut dff any sheep, or lame or kill any. It was stated that sheep fc ,were straggling for about half a mile along Mp road. De--fendant himself stated that there were no sheep., dead or alive, on the bridge when he'drove on to it. There was only one man (who, was called as a Witness ,for the defence) ahead of him: The witnesses on both sides were cross-examined at length regarding the O< His Worship remarked that thisjvas one of those unsatisfactory cases where 4he evidence was* absolutely contradicfory: Plaintiff 'however, was very niuoh suppdrted by the fact that defendant had said <W was^no injure* sheep on the bridge when he drove on to it. Nothing»more corroborative was required. There was no doubt in his mind that defendant had killed the sheep by negligent driving. would be for plaintiff for the Wunt claimed, with costs. LIQUOR FOR MAORIS. - Tai Awho (Mrs Jerry), -a young Maori . woman pleaded guilty to * Charge of having, on November 28, aidr ed and> abetted in supplying alcoholic liquor to a. Maori woman, to wit, Jura■self, by one Kararina. This -was the ywbman who was caught by Constable Mclvor^drinking whisky from a , haby s 1 feeding bottle hidden in a kit. bhe waTfmed 5? and costs 12s Coustable Mclvor appeared for the police. , The charge against Kararma, of having supplied the liquor,- couM not be heard owing to the summons not bavin* been served. - A BREACH OF THE BYLAWS. Newton King pleaded guilty to a charge, laid by the Borough Council, of having erected a building withm the borough boundary "without first obtaining a permit to do so. • Mr Quilliam, who appeared for the councilT said defendant nad erected l an iron building on lot 4 oi the Kawau Pa reserve. Formerly this reserve had iofc been included in the borough, but now it ««. The buildiyg r w^^ the bricl^ wall area, so that Mr Bang Had committed a double of f ence. But?he land was "made^land nponyhich it was extremely difficult to erect durable brick walls. Mr Qttilliam was of op inionlEat th» building ™ss»ch that '£ permiFto erect it would bee f n siven had it been, asked for. The^ offence seemed to Have been committed *IS&JfiF£^ 5s and costs 7s.