MAGISTERIAL.

Star (Christchurch), Issue 3439, 19 April 1879, Page 2

MAGISTERIAL.

ASHBURTON.

Friday, Apml 18,

[Before A. Lie G. Campbell, R.M., and Joseph Boswiok, Esq.)

Cattlb at Lahgk.-J. T. Butler, for allowing two cows to stray at largf, was fined 6s. John Croy, for the same offence, was dismissed.

Bhkacii of the Bobouqu By-La.ws. — William Smith was charged with driving a horso and cart across a footpath, and with injuring a public drain. Tho Bench diemissed the case, as it was the first brought under tho now by-law, but said it would deal severely with similar cases in f uturu. Crttklty to a HoitSß.— Samuel Gibson was brought up charged with having on March 11 cruelly beaten and illtreated a horso, by cutting and wounding its body with some sharp instrument. Mr Purnoll appeared for tho accused. Edward Ede, who was employed at tho horse bazaar livery stables, doposed to having let a horse out on hire to the accused, and tho horso was returned with some scratches, near whore tho saddlo rests. The}' wero not sorious marks. Tho horso was turned out for a few

days, and accused paid 20s to witness for damages done to horso for tho time it was idle. O. A. Culvert, veterinary surgeon, said ho had been called in to see a horso by Mr Ede. It was suffering from some punctured wounds, and they were not mero scratchog. Daniel Black, a farm-servant on Mrs Gibson's

farm, said he 6aw tho accused riding a chestnut horse. He saw blood running from tho sides of the horse. Gibson's face, shirt and breast were also covered with blood. By Mr Purnell : Witness had been fined for assaulting Gibson, and was bound over to keep tho peace. Was only about 6ix feet from tho horso when ho noticed tho blood on its sides. Malcolm Millar said ho saw Gibson riding a horso on March 11. He saw blood on tho horse's off-sido. Gibson got off tho horso and kicked it and pelted it with. stones, then re-mounted and rode away. Alico Boswell said sho saw a man riding her mother's horse on March 11. Sho saw him take out a knife and stab tho horse several times. Would not recognise tho man again. Mr Puvnell Baid that no offence had been proved against Gibson. There was nothing to show that tho horso had been wounded by his client. One of tho witnesses' evidence could not bo taken afc all, as ho was naturally antagonistic to Gibson. After some consideration tho Bench deciced to dismiss the charge.— Tho same person, Gibson, was then re-arrested on a further charge of illusing a certain horse. Mr Purnell objected to the case being heard, on tho ground of tho ■warrant being illegal, and tho arrest made within tho precincts of tho Court. Mr Beswick thought that as tho prisoner was brought before the Court tho case ought to be heard. He did not know what the Eesident Magistrate thought. His Worship said they would have to dismiss tho case, as Mr Purnell's argument was good. Tho prisoner was then discnai-ged. Sergfc. Felton then re-arrested tho prisoner a third time on tho samo charge. Mr Purnoll objected again to tho mode of arrest, and asked tho Bench to adjourn tho case for another day. Tho Bencli ordered tho case to bo withdrawn, the police to bring up tho accused on a fresh warrant and information.

Placing Stones on tiie Southern Railway. — Win. Henry Bennison, eight years, and Robert Pullinger aged seven years, two boys, and a girl named Caroline Pul-

linger, aged 4 years, were brought up ou remand charged with placing some stones on a railway crossing below Tinwald. In answer to the charge the accused admitted placing the stones on the line. The Bench drew the parents' attention to the great danger that re-ulted from the acts of oven such small children, being anywhere near a line of railway, not only endangering their own but the lives of a large number of people. In a great measure it was the fault of the parents allow ing their children to stray away from their homes. The case was dismissed with a severe caution to the parents and the children. Civil Cases.— Carruthors v. M'Cutcheou, claim £45. Mr Purneli for plaintiff. Judgment for plaintiff.— Bell v. Devery, claim £10. Mr Purneli for plaintiff, Mr Ireland for defendant. Case adjourned.— J. Kobineon vJ. Moran, claim ££8 6s 8d ; judgment for amount claimed and coats by default. — Friedlander Broß. v. Hanna and Co., claim £28 10s lid ; no appearance.— Same v.B. Kuddish; no appearance. — Orr and Co. v. W. Ford ; no appearance. - Keetly Bros. v. J. Black, claim 16s 6d ; this sum had been paid to a collector, who had bolted j judgment for defendant.— -Keetly Bros. v. M J Millan, claim 5h 6d ; receipt for payment of eaid amount was handed in ; judgment for defendant — Keetly Bros. v. John Jones, claim £12 6b 9d j judgment for plaintiff with ooata. — Fisher v. Professor Scott, claim £1 15 b ; this was a claim for bill posting; Mr Harris for plaintiff j immediate judgment TOW granted,

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—A number of cases were held over until the following Court day, as His Worship had to leave for Temuka by the 3.20 p.m. train.