RESIDENT MAGISTRATE'S COURT.

Timaru Herald, Volume XXX, Issue 1341, 7 January 1879, Page 3

RESIDENT MAGISTRATE'S COURT.

TIMARU — Monday, Jant7Aei 6in. (Before B. Beetham Esq., 8.M.) CEUBITT TO ANIMAM. Alfred Wyatt wae brought up charged with having, on the 12th of December last, unlawfully and cruelly abused a horse, contrary to the provisions of clause 4 of the Act for the Prevention of Cruelty to Animals. Thomas Green : I live in .Timaru. On the 12th of Deoember last I saw the accused beat a horse on the back with a piece of wood. I called out to him, and told him that I would take stepß to have him summoned if he did not desist. Richard Haldono : lam a Sergeant of Police, stationed at Timaru. On the day mentioned in the information I saw a horde pointed out to me by the last witness. There were several bruises on the back of the horse. Alfred Wyatt, the defendant, said that the horse was tied up against a fence, and bad fallen back. Ite horse was hanging to the fence, and be went up to make him stand up. He never struck the horse to injure him, and he believed 19 persons out of 20 would have done the same thing that he had done. He had only struck the horse to make him stand up, as he thought it better than to cut the rope by wh'ch the horse was held, ! His Worship said the defendant had been guilty of a gross act of cruelty, and ought to be ashamed of himself. He would fine him 35s and 5s costs. Lorenz Peters was charged with a similar offence committed on the 29th of Deoember last. B. Sheehy : On the 29th of December last I law aooused pulling the bridle of a horse he was riding until the horse fell. He after, wards galloped away with tlje horse. Thomas Bourke : I am a constable of police •Utiontd »t Timaru. I recollect the 20th of

December Inst. While passing along on the roarl near Mr Perry'a residence, my attention j whs called to the accused puliing thf bri'll^-. of a horse lie was rHing, until bo threw the horse ba -k on liis haum-bes. He brought the J horße to tho [j'ound several times, and on the last time ho kicked him. He then galloped ' away into the town. I followed him into town and found the horse in Mr King's stubles. The horse was much bruised, and striped on the shoulder. William Dunphy : I am a stableman at King's htablei. The defendant hirer! a horse at the stable on the day in question. He left the stable at. 2 o'clock, and came back about 7 o'clock. The horse has nut been fit for work since. The hor*e is a hackney, and so quite that it would carry a lady. 'lho accused pleaded guilty to the charge, and said he knew nothing about the matter until lu> was told of it the following day, as he had taken too much drink on that evening. His Worship said the accused had been guilty of gross cruelty, and would fine bim 40s and costs. ASSAULT. Ellen Murphy appeared in answer to o summons charging her with having assaulted and beaten Honorah Sullivan on the 10th of December last at Kerry-town. Mr White appeared for the complainant, and Mr Hamersley for the defendant. Honorah Sullivan : I am the complainant. On the 10th of December last I sent one of my boys to turn a calf of mine off Mrs Murphy's land. Mrs Murphy and her daughters refused to let my boy bring the col'", and I asked her to impound it, or let it be brought hack. She would not do either, and fell at pelting myself and my boy with stones. The ralf jumped over the fence. Mrs Murphy struck me between the shoulders with a stone. She u-ed bad language to me, but I did not say anything to her. To Mr Humersley : I made her no answer when I got my calf. I went away after that. I live within about four chains of Mrs Murphy's house. I never go into Mrs Murphy's housi. I went into her house on one occasion when I was summoned as a witness on an inquest, but it wng against my will. Mrs Murphy ha? como into my hous.' oftener than I wished. I was about a chain awny from her when I naked ber to put the calf out of Iht paddock. I did not go on her land at all. She came up to the fence and pelted me with stones. She had an apron full of stones. Mary Foley : I am Ihe wife of Daniel Foley, and live near the complainant and defendant. On the 10th of December lost I saw Sulliv»n's boy turning a calf out of Murphy's paddock, but Murphy's eh*'dren would not let him do eo. I saw Murphy's daughter preventing the boy from taking the o»lf away. I never heard Mrs Bullivan fay anything to Mrs. Murphy. I saw both parties throwing stones. I saw Mrs Murphy throwing stones at the calf. I saw no stones thrown ut Mrs Sullivan. I heard Mrs Su'lifau asking Mrs Murphy to turn the calf out of the paddock. The calf jumped over the fence. Daniel Foley : I am a neighbor of both complainant and defendant. I have not seen anything occur between them except that Murphy's children prevented Sullivan's bny from turning away a calf. The calf jumped over the fence. Thiß concluded the evidence for the prosecution, and Mr Hamersly aaid that lie had intended to call evidence for the defence, but would not now take up the time of the Court with it, as he believed it was not necessary. His Worship said it was a very trivial case to bring into Court. Tbe evidence of an independant witness showed that both parties had been throwing stones. It had evidently been a field d»y between the two families, and he would therefore dismiss the case. SHIP DBBBBTION. Nicholas Lee was brought up on the information of Kobert Soutar — captain of the barque Elizabeth — charging him with having, on the 2nd of November lust, deserted the said vessel. He was further charged on a second information with refusing to join the vessel. Mr White appeared for the complainant, and Mr Hnmeraley for the defendant. Robert Soutar : I am Captain of the barque Elizabeth. I engnged Nicholas Lee on the 151 hof August lan. His engagement was for Bis montl e, and he was to i>ail to any port in the Australian Colonies. On arriving at Tiniaru he asked me for his discharge, nnd he wanted to leave the vessel. I refused to give him his discharge. One day he came to me and eaid he had fallen and hurt himself, and I treated him as well as I could. He asked me to let him go ashore, and I told him I could not let him go. I went ashore myself, and met him near the lnndii>g service sitting down. He said he wanted to see a doctor, und I told him to stay where he was until I returned. I took Dr. Williams to see bim, but he was gone. I found afterwards that he had been admitted into the hospital. I went to Dr. Macintyre who oo companied me to the hospital, and gave me the certificate produced. I then went into the hospital and showed him the certificate Dr. Macintyre had given me. I aßked him to come on board, and he said he knew better than the doctor, that he was not fit and would not go. He did not join the ship, and I entered him in the log as a deserter. To Mr Hamersly : The log is kept in my own hind-writing. I made the entry of the defendent's desertion previous to leaving Timaru for Newcastle. I heard nothing about his having sued me for wages until I returned to Timaru. I swear I told him in the hospital that I would enter him as a deserter if ho would not join the vessel. I did not take any proceedings against him until I found he had summoned me, and had he not summoned me I would not hare taken these proceedings, as I do not want the man to go to gaol. I returned to Timaru on the 20th of December last. The reason that the dates in the log are erased is that I made a mistake, and entered the 22nd for the 2nd. I did not show the defendent the entry of his. desertion from the ship. Walter Roger? : I am first mate of the barque Elizabeth. The defendent was boatswain aboard that vessel. I remember that he cime to me and said ho intended to ask the captain for his discharge. On the Saturday before we left Timaru I saw bim leave the vessel. He had sot my consent to leave. He knew the captain was ashore at the time. I entered him in the log as having gone aibore without leave. .To Mr Hamersley : He told me he had hurt himself. I did not know that he had hurt himself. I did not give him positive instructions not to go ashore, but I told him that it was against my wishes. Patrick Macintyre : lam a duly qualified medical practitioner. - 1 know the defendant, Nicholas Lee. I examined him in the Timaru hospital, and gave Captain Soutar a certificate to Ihe effect that the man was fit to return to his duties, bo long as lie was not exposed to cold or wet, or put to too hard work. Be was suffering from lumbago at the time, which might have been caused by a hurt. tie remained in bed for eleven days in the hospital, and was there twenty-four days altogether. If exposed to cold or bard work, it would have been injurious to bim. This closed the prosecutor's case, and the Court adjourned for lunoh. On resuming, Mr Khu.bW intimated tha^ be had been instructed' by Mr Hamersley to conduct the case on his behalf, as he had been detained on important business from attending. He would call the defendant as a witness. His Worship did not think that the defendant would be competent to give evidence. Mr Knubiey submitted that as the offence with which be waa charged was punishable by a fine, the defendant waa competent to give evidence. After seme further discussion, hie Worship ruled that the defendant wa9 not competent to give evidence, and Mr Knubiey asked tbe first mate of the vessel to be re-called. Walter Rogers, re-called: When the defendant left the ship, I did not tall him

positively not. to go ashore. I did not help him to go ashore. I did not order him not to go. I To Mr White : I told him if he left, he would do so ogainst my wi B h. This completed the evidence, and after counsel had addressed ihe Court, his Worship said that if Dr M.icintyre's evidence were to be depended up» n , the defenditnt was quite justified ia leaving the ship. He had been eleven days ill in bed in the hospital, and had been twenty-four days there before .he was able to leave. It was evident Dr Macintyre would not have allowed him to remam eo long in the lio^pil«l if there was nothing the matter willi him. There was evidence to show that he had not- been malingering, but it was quite dear also that he had brought the present prosecution upon bimself. The Captuin had sworn that he would not have proceeded ngain.-t him bad he not taken the initiative, and instituted proceedings aeainstthe Captain, for which he had not the leiißt ground whatsoever. He was therefore dismissed, but he would have to bear lue own share of the coats of the eaße. Mr Knubley then intimated that he did not intend to proceed with the information against Captain Soutar, and it was consequently struck out. WIFE DESBBTION. Thomas William Newman was charged with wife desertion, but did not appear when called upon. Mr White appeared for the prosecution. Qertruce Annie Newman : I am the wife of Thomas William Newman having been married to him on the 18th of June, 1674. We lived together until six months ago, when he went awuy looking for work. I have seen him Beveial times since, but he has not given me any money. I have t^o children, one 2J years and one 1 year old. He is a labourer, and used to eurn £2 8s per week. He has come to ray h'juse, but I would not let him in, as he has made suggestions to me to obtain my living in an improper way. He never came to me with money. I upjjy for moinlanance and protection order from him. His Worship granted the pioteolion ordor, and also ordered the defendant, to contribute 30a per week towards the maintmence of his tvifo and family. The Court then adjourned.