RESIDENT MAGISTRATE'S COURT.

Timaru Herald, Volume XLIII, Issue 3552, 16 February 1886, Page 3

RESIDENT MAGISTRATE'S COURT.

TiaiAK.IT, Monday, Feb. 15th. (Before J. S. Beswick, Esq., 8.M.) OFPBNCB AGAINST DECENCY. Three young lads were charged on the information of the police with unlawfully bathing m a public place and thereby offending against decency, and with infringing the Borough By-laws. His "Worship, after henring the evidence of Detective Austin Kirby, severely cautioned the boys and then discharged them. COW AT iabge. T. W. Fyfe was charged by the police with unlawfully allowing a cow to wander at large m Heaton street. The Bench inflicted a flue of 5s and 7a costs. DBTJNKENKESS. James Marshall, for being drunk, was fined 59 and cab hire 2s, and Francis Green, for a similar offence, 5s or 24 hours' imprisonment. SUNDAY TRADING. Michael Spillane was charged with that he did, on Sunday the 7th February, unlawfully permit one glass of beer to be consumed by James Auld, on the licensed premises known as the Old Bank Hotel, the said Auld not being a bond fide traveller or a person lodging at the hotel. • Inspector Broham conducted the prosecution, and Blr M. J. Lynch appeared for the licensee. Sergeant Cullen stated he visited the Old Bank Hotel on the day named, and found two men named Auld and Chapman with two glasses of beer before them. Spillano was behind tho bar, and to a remark of witness' replied the men were travellers. Witness knew they were not, as Auld was employed m Timaru and Chapmaa had slept m town on Saturday night. To Mr Lynch the Sergeant mid both the men were drunk ; saw no other signs of drinking than those named. After Constable Daley had given corroborative ovidence, Auld was called, and said he had a drink at the Old Bank on the Sunday named j Chapman did not have one. To Mr Lynch he said Chapmaa called for " two drinks for travellers." E. Chapman, the ather man implicated, corroborated m part Auld's evidenco and added that Spillane first jf all served them with a glosa of beer each but afterwards took Auld'a beer back and substituted lemonade for it. To Mr Lynch witness said the liconseo knew wilness and shat ho usually worked at Fairlie Creek. This closed the case for the prosecution, md for the defence Mr Lynch called M. Spillaue, who said Chapman asked for Srinks on the day named, and witness gave them to him, honestly believing the men were bond fide travellers. Witness know Chapman but not Auld. To Mr Broham Spillane said he was aware Chapman could not have come m by rail from Fairlio Creek on Sunday morning. This closed tho case, and after Mr Lynch had shortly addressed the Court His Worship held the charge fully proved and inflicted a fine of £5 and costs. He added that Spillane had not even taken ordinary precautions to find out whether Auld and Chapman were travellers, and gave it as his opinion that the Police should take proceedings against Chapman for having stated he was a traveller, wounding A cow. John Biddle, on remand, was charged on tho information of Constable Hilliard (officer m charge at Fairlio Creek) , with unlawfully and maliciously wonnding a cow, the property of John Chalker, at Fairlie Creek, on the 11th February. Mr Perry appeared for the accused who pleaded "not guilty." Inspector Broham conducted tho prosecution. The following evidence was led : — John Chalker, farmer at Fairlie Creek, said he was milking a cow on the 11th inst. when he heard the report of a gun, and raising himself suddenly he (witness) saw smoke issuing from a gun held by accused. About twenty minutes after this witness went to see a heifer of his and found on examination that she had been shot. A quarter of an hour after this witness saw prisoner, who said " I will kill that heifer of yours yet." To Mr Perry the witness said tho Kiddle family wero respectable. Prisoner might have said he would kill the animal if it trespassed again; witness did not hear tho latter part of tho sentence. No permanent injury had been done the cow so far as witness was aware, and she was at the present time out at pasture. Robert Riddle, brother of prisoner, said on the 11th inst. he took his brotbor's gun home, and saw him go behind the fence and fire at something. Witness saw Chalker's heifer on one of his brother's sections just before tho gun was tired. In conversation with defendant the latter told witness that ho would frighten some of Chalker's cows. To Mr Perry witness said prisoner had ljeon' away from home some months and during his absence Chalker's cows had done some damago m the garden. Witness had seen the heifer that was shot at since and she did not appear to be hurt. Constable Hilliard proved to arresting tho accused on the charge named above, to which he replied that by shooting he only meant to frighten the heifer, and he supposed as he had wounded her he would have to pay compensation. Witness replied that he could not now do so, aa the matter was m the hands of the police. To Mr Perry Constable Hilliard said lie did not know anything about Chalker's cittle breaking down and getting through Riddle's fences. Neil Marquis, M.8.C.V.8., said he examined the heifer on the 12th inst., and found her suffering from Bhofc wounds, some of which were only skin deep whilst others were three inches deep. The shot had scattered very much, and m witness' opinion had been fired at a distance of 35 to 40 yards. The heifer must have suffered very greatly. To Mr Perry Mr Marquis said he found no shot m the heifer ; exudation had taken place before he examined lur, and the shot had thus worked out. The shot had been fired post-laterally, and tho punctures wero more or less oblique. Coula certainly say the heifer was m calf, but could not say positively how many mouths bud elapsed eipco ;he becunio pregnant.

I This closed the case for the prosecution, and Mr Perry was about to disclose his defence, when His Worship informed him that to liis mind the case was a strong one, and jirimii facie such an one as justified him m committing accused for trial. Mr Perry respectfully submitted that the caso was a very trivial one. The object of his client m ahooting had been to merely frighten the cows and keep them off his lands, so that he might not suffer damage. Prisoner honestly thought that he was perfectly justified m stopping the cows from trespassing m the manner he did, and had not tho slightest intention of killing the i. animal. Moat of the evidence, he submitted, showed this. Ho confidently submitted the case if sent for trial would break down before the Grand Jury, and asked His Worship therefore to dismiss it. His Worship would not, and accordingly committed prisoner for trial at the next sitting of the Supreme Court at Timaru, bail being allowed accused m £100, and. two sureties of £50 each. Before the necessary papers were signed, Mr Perry asked, and was allowed, to call Mr Biehard Turnbull, M.H.8., and Mr James Bruce, both of whom gave prisoner an excellent character. The Court then adjourned.