RESIDENT MAGISTRATE'S COURTS.
TIMARU— Monday, Dec. Cth. (Before the Hon \V. Rolleston and H. J. Le Cren, Esq., J.P.'b.) DBE^KESNESS. John Seaton was charged with being drunk whilst in possession of firearms. Accused admitted that he had firearms but said that he was not drunk at the time. Inspector Brohani conducted the prosecution and called Constable Strickland, who said that on being informed by a boy that a man was firing about promiscuously at a house in Sophia street, he went up to the place and there saw accused. Witness asked if he had a revolver and received an answer in the negative. He then arrested him for drunkenness and when searched a loaded revolver was found on accused and also some ammunition. Witness saw some bullet marks in the walls. J. Murdoch, on being sworn stated that it was his boy who saw accused firing the revolver. Witness had a conversation with accused and asked what he was doing with the revolver. When witness turned away to leave accused threatened to blow half his (witness's) head off. Inspector Broham said he thought the accused was not in his right mind and would ask that ho be remanded for a day or two. Accused was remanded for a week. TRESPASSING. James Bryne was charged with trespassing on the railway line on the 19th inst. ho Accused pleaded guilty but »aid did not cross the lino.
! Henry Miles, railway crossing keeper, i deposed to accused trespnssin.fi; on tlio railway line on the afternoon of the 10(h ult. He was walking dovvn inside the railway fence from the end of the platform to the crossing nnd witness told him three times to go back and on accused refusing witness said he would report him. Accused said he would go anywhere he liked. A fine of £1 and costs was inflicted. BREACH OF THE PEACE. Cornelius Collins and John O'Hagan were both charged with having committed a breach of the peace in the public thoroughfare. Mr Hay appeared for O'Hagan ; Collins was undefended. Inspector Brohatn. appeared to prosecute aid called William Moody, who said that when coming into town in his bii2«y lie saw the two accused fighting in the main street opposite King's stables. He did dot see the beginning of it ; only two or three rounds. In anawer to a question from Mr Hay witness said tho big man [meaning O'Hagan] was pounding the little one. John Wilder moth also saw part of the fight, O'Hagan appearing to hare the beat of it as ho was tho soberest. Patrick Scott saw a crowd collected dut did not aee much of the fight. This was the cast) for the prosecution. O'Hagan then stepped into tho box and said he had hid a bit of a scuffle with Collins in the Old Bank Hotel till the proprietor parted them. Witness then left the place with two others and when he got as far as Cowan's Bhop he ■aw Collins coming aftor him in an excited state. After a few words Collins struck »t him and witne93 defended himself. They had been on bad terms for about twelve months and witness had once asked the court to bind Collins over to keep the peace. Patrick Blake said he remembered Collins coming up to O'Hagan and raising his hand but he did not know whether Collins struck O'Hagan. Collins in defence made a rambling statement something to the effect that O'Hagan had gone into the Old Bank and taken a whip away from him and on his going after O'Hagan to ask him fur it O'Hagan had Btruck him. Tho bench considered that both the accused were at fault and lined them £1 each and costs. CALF AT LAEGH. Mark Caswell wa3 summoned for allowing a calf to wander at large, and on Mrs Caswell giving a satisfactory answer to the charge it was dismissed. Tho court then adjourned till two o'clock. (Before J. S. Beswick, Esq., R.M., and H. J. LeCren, Esq., J.P.) The Court resumed at 2 p.m. IMPERFECT WEIGHTS AND MKASUKF..S. The Inspector of Weights and Measures (Constable Hicks) v. The Timaru Milling Company, charged with having an imperfect weighing machine. Inspector Broham conducted tho prosecution, and Mr Raymond appeared for the accused. Constable Hicks proved the case, the short facts of which were that there was aii absence of weights, and that it reqnired 421bs to raise the bars to an equal balance. To Mr Raymond, witness said that 12 months ago he found tho weighbridge all right. Did not remember the milling men stating that they did not intend to use it auain, but admitted that he was told last January that the machine was not in use. This wa3 the case, and for the defence Mr Raymond called J. Nicholls, who said that the weighbrid^o had not been in use since it was last tested by tho Inspector, as it was found to be injured. He was positive the bridge had not been used since January last. Mr Bruce, wliu was in charge of the weighing machines, corroborated this evidence in part, and said that the machine had not been used for the last 18 months. After hearing argument, His Wei-ship said that a broach of the Act had been committed, but stated that, as tho case was a peculiar one, he would reserve his decision, the case to stand adjourned till the 20th inst. W. Evans was next charged with having an imperfect machine on the 2-lth November. Inspector Brohatn called Constable Hicks, who said that he had visited Mr Evans' store on the 24th, and found that his weighbridge was 42lbs out, requiring this weight to raise tho bars. To Mr Evans witness said that he was not an expert, and did not clem- tho dirt off the bridge before balancing it. He declined to allow this to be done. He admitted that one of the castings was broken, but could not say if it was done in taking the bridge out of gear. Mr Evans then called John Binning, who stated that the bridge was always properly balanced before a truck or dray of grain was weighed. The bridge wns quite right up to the time tho inspector had tested it, At the instance of Inspector Broham witness then explained again the way they balanced the machine — an empty truck was put on it, the weiaht of this was recorded, then it was filled, tho weight of truck was deducted, and tho correct weight was then got at. His Worship dismissed the case, holding that the bridge was quite correct. Ebenezer Smith and A. White were next charged with having imporfect machines, the former's being 21b out in 14lb, and the latter's 31b out in 100 b, and with allowing the figures on the beams to become illegible by rust, etc. The Bench at this stage went out to the police yard to see the machines, and on returning said they were satisfied that the machines were all right, but cautioned Messrs Smith and White to keep the machines in better order and cleanliness in future. The cases would be dismissed. The Canterbury Farmers' Co-operativo AsP'f'-Uion was next charged with having a false weighing machine. Inspector Broham called tho Inspector of AVeighta and Measures, who said that he had found the company's machine 51b out in adjustment, when tested at tho store, and 81b or 91b when tested at the police yard. He also put 2241bs on the platform, and it registered 19C!b. Mr Shirtcliffe, manager of tho Association, then called Townsend, the man in charge of the Bcales, who said that the scales had not been in use for some time. The bench dismissed the case, remarking that it was evident that the inspector did not know how to accurately adjust these big machines. The bench felt inclined not to go on with the other cases, but the Inspector requested them to do so. R. Donn was then charged with having a false weighing machine, and pleaded guilty. The machine was 7^lb out in weighing 2231b, and required lib to balance it. This case wns also dismissed as the test used to the Bench's mind had not been effective. The case against J. Foster was also dismissed, as was also a similar case against &.. Martin. Moody and Ziealer were next charged with having a false weighing machine. Inspector Broham conducted the prosecution, and Mr Hay appeared for the defendants. The machine, according to the Inspector, took 491bs to adjust it, and registered 3781b when 3561ba were put on the platform. la reply to the Bench, Constable Hicks gave very satisfactory evidence that he could adjust these bridges all right. To Mr Hay witness said that there was a lot of dirt on the bridge when tested, but he did not clear it off. He was quite satisfied that 3001b was quite enough to test a 10 ton bridge with. Mr Hay called E. Hassell, who said the machine was not used, and added that when the Inspector came he told him the dirt would make the difference, and that if it had been swept off tho machine would balance. In conclusion he said that the practice of weighing was the same as that spoke of by Mr Evans' witnesses. The case was dismissed, tho Bench itatitig that it was absurd to have such
fit e tcais for weigU-bridgt's that woighed tOi/3 of Stuff. The ca-o auainst Milrs, Archer and Co. w.-.B also dismi.^ed, til.- B 'iu-h stating that tho ca.se showed how necessary it was that some ono knowing all about tho machine?, should test them! Inspector Bioliam relied that Constable HicUs knuw a, very great deal about it, and pointed out that the great difficulty was in adjusting tho machines, which in some cases were actually as much as 501b out. Tho Bench said that so far as they could see tho machines v/ero not wrong ; they only wanted adjusting. Miles, Archer & Co. wero noxt charged with having unstamped weights in their possession. After hearing evidence, the casfl wa3 dismissed. Tho Court then rose.
GERALDINE— Monday, Dec. Gth. [Before H. C. S. Baddeley Esq., K.M., 11. W. Moore, R, H. Pearpoint, Esqrs., nml Rev. G. Barclay and Dr Fish, J.P.'s.] DRUNKENNESS. A first offender was charged with being drunk and disorderly, but aa he was not in a tit state to answor tho charge., the Bonch ordered him to be locked up till the following day. CIVJL CASE. Jane Tindill v. F. Ellery— Claim, £20, for wrongful du-tentini of ,1 mare and foal and £5 damages sustained thereby. Mr White appeared for tho plaintiff and Mr Lynch for defendant. Jiiiio Tindall, deposed : There was a Bale I had on the 9;h of April of my hushand's effects, by Mr Tindall. Letters of administration worn taken out by me aa administratrix. (Advertisement put in of the stle.) Before the eale I told the defendant that, as tho maro wa3 a great favoniite. I should liko her to bo bought in. On the morning of tho salo I told him to buy hor in fur me. I said if she went cheap to buy her in, but if a good price was offered to let her go. After tho salo he came tind told me he had bought her in for mo for £7. She was in my paddock at the timo of the s;ile, and was never taken out. Tho foal was with her. I remember tho defendant going away from Hilton. On the day he left he p«d mo an account. I said he hnd best take the money for tho mare, aa I might not have it when ho again asked for it. He. said he had more money f>r him to get in the district when he came back, and could get it then. I afterwards got a letter dated Juiio Inst. I never had any transactions with him about any other mare. I did not send tho £7 aa I did not know where, to Bend it to. Before defendant's return, one Silas Lock camo and told me he had bought tho maro and hold a receipt, and ho wanted the money. 1 told him if he would give mo defendant's address I'd send the money to defendant. Ho caid I had no right to send the money to Frank Ellery as the maro belonged to him and ho would tako the mare away. Ho did not tnko her. On 22nd November tho defendant and Lock cimo and took tho maro away. I saw defendant and asked him what ho was going to do with the maro. He said ho waa going to take her home. I replied he had better come and seo about tho money first beforo taking her away. Ho sai'l he did't want the money but wanted tho mare. I have not seen tho defendant sinco to speak to. He has tin- mare and fual. Tho foal is by the horao Discretion, and ia in fonl attain to General before tho maro being taken away. By Mr Lynch : Ha did not on tho day of the eale tell mu I could keep the mare if I sent tho money to him when he wanted it, nnd he said he would keep the receipt till I paid the money fir tho mare. I have not paid, but the money was there if lie hail sent hia address. Whuu Lock camo to mo I did not givo him any money. Ho had a piece of paper in his hand, and said he had a receipt from dofendant, and tho receipt was his. I never said I had a receipt from defendant. I knew William Patrick who bought a horse in at tho sale for me, for £4. I gave tho money to my son to do it. Patrick and Ellery wore in my house on the day of tho salo. The mare was to be my property, not to remain with mean! be his properly. On tho day Ellory came for tho mare, I told him to come and get tho money and leave tho mare alone. My sin, by my instructions, wont and demanded tho mare. I swear positively I ha-1 a cheque of Mr Mundell's in my house for £7, to pay it. I admit I owe- defendant £7. I considered tho mare and foal cheap up to £10. At that time thuy wero very puor. I paid Mr Scott for tho sorvico of tho horse whun sho was in any possession. George Meredith, farmer, Kakahu, deposed : I know the mare and foal, the BUbject of the present action. I saw tlißin n fortnight ago. Supposing the muro to bo in foal to General, and the cok, to bo worth about £12. By Mr Lynch : I have had considerable experience amongst horses. John Tindall dep >sed : I am son of plaintiff, and know th» mare and foal. I don't know how old the maro 13. We have had her about nitie y ars. I was present when my mother offered defendant the money, about a week after the salo. She said he had better tako the money, as sho might not havo it when he aenf. for it. He s»id he would not take it. By Mr Lynch : I havo had no conversation with Davpy about tho mare. Mary Tindall deposed : I am a daughter of plaintiff, and was present when a conversation took place between my mother and defendant, about a week or two after tho Balo. Ho camo to pay some money. Mother offered him tho money for tho mare. Ha said ha wouldn't tnka the money just now, as ho had some money to get iti tho district, and he would get it when ho camo back. The amount was £7. Caleb E. Shorratt deposed : lam bailiff of this court. Ono morning hist week I demanded a grey mare and foal, thesubj. c of this action, on behalf of plaintiff. He said ho would not give her up till ho w;is. compelled to do so, and would spend a few pounds before ha would do so. I did not produce any authority from Mrs Tindall. This was before tho summonß wns issued. John Mundell deposed : T nm an auctioneer. I gavo Mra Tindall'a daughter a cheque for £7 at my rooms. Sho told me it was to pay defendant for tho grey mare. I saw the maro at the timo of tho sale. If sho was in good condition nnd in foal to a horse her value should bo £14, together with tho foal. I havo not seen her since the sale. Both tho maro and foal were in low condition at the time of tho sale. The cheque was dated 19th November list. By Mr Lynch : The recoipt produced was given to the defendant on April 9th. Jane Tindall, recalled by tho Bench : The maro was youui; when we got her, shortly after Bhe was broken in. My huaband never broke a horse in till it was about six years old. Tho maro was not I broken in till we had her for three years. That would mako the mare about twelve years old. Mr Lynch, for the defence, asked for a nonsuit, on tho ground that the recoipt put in was sufficient, and his client could not be accused of detaining his own property, which left the plaintiff on the fall of the hammer, and passed to defendant. Mr White submitted that there was nothing whatever to the point to justify a non-suit. Mrs Tindall, aa administratrix, was bound by law to sell her husband's effects, and wanting th<? mare, she merely asked defendant to buy her in for her. The bench disallowed the nonsuit. Mr Lynch then called Frank Ellery, who on being sworn, deposed : I am defeudantandhaveknown plain tiff for7 years. I attended the sale On 9th April. On the day of the sale, Mrs Tindall came to me and asked mo to buy the mare in for her. I said I would on condition she would give mo the money when I required it, or return the mare to anyone I mijiht appoint. I sent a letter (produced). I bought the mare in at the sale for Mra Tindall on those conditions. I paid for tho mare and took delivery by taking her away and tying her up to a post and rail fence. I untied her from the fence afterwards and left her on tho Kakahu river-bed. On the night of the salo I was at Mrs Tindall's houue,
William Patrick was present. She said, " Well, Frank, if I can't pay you tho money when you require it, you can Bell the maro and thorn will be no more about it." She did not offur any money that night. When in the North Island I wrote to Leek, and had given him previously Mundell's receipt. I never gave Mrs Tindall any receipt. When I returned I went and took the mare from the river bed. Lock was with me. I took her past Mrs Tindall's house. She came out and asked mo what I was going to do with the mare. I told her I was going to take her away. She said, " No, yon won't." I told her I would ; that as she did not pay tho money when I wanted it 1 should take tho mare. Mrs Tindall offered the money when 1 was taking tho mare away, but it did not suit my purpose to do so. She did not offer the money at any other time, and it was only in this way Bhe ever offered it. I reckon £9 the outside value, with the foal. I was offered £8 by Mr Davey about a fortnight ago for the mare and foal. I took tho mare from Mr Wigley's run. The witness was cross-examined by Mr White at some length, during which ho paid that the conversation as sworn to by Mrs Tindall, her son and daughter, as to offering the money to him for tho mare previous to hi3 leaving for the North Island was entirely false. William Patrick deposed : On the niyht after the sale I was at Mrs Tindall's. Ellery was present. She said to Ellery that if she had not the money when he demanded it, he could sell the mare. Saw the mare tho other day, and don't think sho is in foal. I should consider she is worth £9 or £10, and the foal £2 l(h. Silas Lock deposed : I remember going to Mrs Tindall's with a receipt and a lotter from Kllory. I claimed the mare, and she said sho had n receipt from Ellery. She did not show it to mo. I showed her my papers. Sho said that if I would give her Ellery's address, she would send it to him, but would not pay me. I went next day for tho mare, and | she said sho had not tho money to pay j for her. Was with Ellery when he took tho mare away, and in reply to Mrs i Tindall, she said he had better let the j maro go and she would give him the money for it. Ellery said he wouldn't tako it, as she didn't pay it when ho wanted it, and he would not do so till forced. The witness was cross-examined by Mr White. Tho bench, after retiring a short while, gave judgment for the plaintiff, taking the valuo of the maro and foal at £12, or the return of the mare and foal. They weroof opinion that the caseshould neverhave been d-fenrJed. The bench did not consider any damage had been done. Costs and witnesses' expenses to bo allowed. (B-foreß. H. Pcarpoint. 11. W. Moore, Esqra., and Rev. (i. Barclay, J.P.'e.) CRIMINAL CASES. Patrick O'llaw was charged with having on or about tho loth November feloniously stolen a quantity of wool of the valuo of £40, tho property of Michael Guerin. Mr Lynch appeared for accused. Thomas Lewiß, stationmaator at Rantjitati), deposed : On 15th November last accused consigned at Rangitata four full bales and one part halo to Jonas and Bourn, Timaru, through my office. The halcg wero branded P.O. Tho charges were 103 lOd altogether. 1 wrote the letter, and it was signed by the accused in my presence. It ia dated 29th November, and nddressed to Moss Jonas. Michael Guerin deposed : I am a farmer living at Kakahu. On 14th Oc'ober last I sent about 200 sheep to accused to craze in his pnddock. I was to pay him 2d per week each. Previous to this I had offered to Bell him the sheep for 10s each, cash or approved bill. He offered niii a bill without a backer, but 1 r> -fused to accept it, as I didn't think it any good. I did not Bell him tho sheep. I gave him no authority to shear or sell them. I next saw the sheep on the evoning of the 29th November. They were in accused's pad lock shorn and branded. I know them partly by tho earmark. Tho tips wero off both ears of the sheep. They were three-quarter bred. Oo tho 30th, us I wanted to get tho sheep, I went to him for them. I asked for the sheep and tho money for the wool. I tendered him the money for the grazing. He said tho vvonl was at Moss Jonas', and he had raised some money on it, but it waa not sold. He said ho had raised about £14 or £'15. Ho acknowledged the sheep were mine, but that he would not give them to me. Ho never sent me a bill for the grazing. Ho gave mo an order for the sum of £30. Mr Clayton, of the Star of tho South hotel, R;mgitata, wrote the order. Ho did not toll me at the timo ho [zave mo this order that ho had written to Moss Jonas for a further advance of £20 on tho wool. I took it as an acknowledgment that tho wool was mine. I value tho wool at £40. J. have since taken ] possession of the sheep and have them at home. By Mr Lynch : I havo not received a bill for the grazing of the sheep. If I could have had tho order paid I should have been satisfied, and have waited to get what I could afterwards. Mr Lynch hero stated that this witness had expressed his willingness at an early j stage of the caso that if he could get suf- I ficiont guarantee for payment of tho wool, he would withdraw the case. Tho Bench decided to hear the evidence. In re-examination tho witness stated that no sale had taken place of either tho sheep or tho wool. Goorgo Winter, farmer, Rangitata, deposed : I know tho accused. lam a shearer. In October last he aaked me to shear sonw sheep for him. I started on Bth November, nnd finished on 11th. I dirt'iit notice either brand or ear-mark. \ When shorn I branded them P.O. Harry McLellan helped to hulo the wool, and branded the bales P.O. I shorn |all the live sheop in tho place, about 194. I saw the sheep I had shorn, taken away and branded on 2nd December. Constable Willouyhhy deposed : O'Raw came to me on Ist December and mado the following statement : — That on 14th October, 1880, ho bought 200 Bheep from ftuerin at 10a per head, to be paid for within two months. That the bargain j was made at Guerin's house without witm-Bses : that ho had shorn tho sheep, and intended giving Guerin the proceeds of the sale of tho wool. That ho had an advance of £10 from Moss Jonas, and had given an order for £30 on tho same firm to Guerin, which was then in my possession, having been given to me by Guerin. O'Raw said the sh»ep in his paddock were Guuriu'?, and that Winter had shorn them. On 2nd instant O'Raw brought me a letter from Moss Jonas which contained a cheque for £15. I asked him why he gave Guerin an order for £30 when ho knew he had already received a cheque for £lti and had written for a further advance of £20 on wool worth £40. He said he had forgotten having written the letter asking for £20. On the evening of the 2nd instant I arrested him on a charge of stealing a quantity of wool belonging to Michael Guerin. After his arrest ho said that Mr Thomas Farrell and Mr M. Connolly wero quite awaro of the circumstances under which he bought the sheep from Guerin. Thomas Turnbull deposed : I am accountant for Mr Moss Jonas, trading in Timaru. Accused consigned some wooj to us which came to hand on November lGth. I produce tho consignment note. The wool is now at Mr Moss Jonas' wool store. O'Raw was in Timaru on sth November. Ho saw Mr Jonas and wanted an advance on wool to be shown. Mr Jonas told me to give it him and take a receipt. I gavo him £10. On 19th November, I gave him a further advance of £6, and also another advance was made of £15. I value the wool at 8d per Ih. There were 12401bs net, making a total of £41 odd. I never saw tho other (exhibit B) produced. If it had been presented it would not have been honored. By Mr Lynch : There was a margin to his credit on account of wool on the date an order was given. Thomas Farrell deposed : Ido not know anything about Guerin having sold any sheep to O'Raw. Michael Connolly deposed : I do not
know anything about Giierin having sold any Bheep to O'llaw. I remember O'Raw asking for Guerin at my shop some timo about the middle of October. Mr Lynch contended that there was no evidence to bear out tho information. Tho bench, after retiring, committed tho accused for trial at the next criminal [ session, to bo held in Timaru. Bail was allowed, himself in £100, and two sureties of £50 each. The accused reserved lu's defence. The court then roae.
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