RESIDENT MAGISTRATE'S COURT, LAWRENCE.

Tuapeka Times, Volume III, Issue 179, 13 July 1871, Page 5

RESIDENT MAGISTRATE'S COURT, LAWRENCE.

( W. Lawrence Simpson, E«q., R.!\f ., and Alex Stewart, Esq , J.P., on the Bench.)

Thursday, July 6. John M'Alister was charged with having been drunk and disorderly. Pleaded guilty. Their Worships, in consideration of the time the prisoner had been in the lock-up, ordered him to be discharged at 12 o'clock. Dewes v. M'Leod. — Claim, £25 18s 2d, for goods sold and delivered. Defendaut agreed to pay the coats and £4 per month.

Monday, July 10. (Before W. L. Simpson, Esq., R.M.) Grundy v. Oudaille. — Mr. Copland for defendant. T. Grundy, sworn, deposed — Cn Monday morning last I heard, some dog 3at my sheep. My son went to see what was the matter, and found two of defendants dogs worrying our ewes. I then got my horse and followed the dogs. One was what I should call a black and white bull dog — the other was a dark dog, with a stump tail. The dogs went into Mr. M'Kay's paddock. I went to Mr. Oudaille's, and saw Mr. Heath. I asked him if their dogs were at home. He asked Mr. Oudaille, who said the dog Jack was in the store all night. I then went to the Police Camp to ascertain if the dogs were registered. I ascertained the dogs answering the description of those found in my paddock were registered in the name of Mr. Oudaille. I then returned to Mr. Oudaille's, and saw the same dogs outside the store. I have known the dogs a long time, more particularly the bull dog. I apoke to Mrs. Oudaille. She said the dogs belonged to them. I then went home and waited until the next day, expecting Mr. Oudaille would call on me. I examined the sheep, and found one killed, and three others bitten about the muzzle, and torn to the wind pipe. I do not expect them to live. They are ewes in lamb. Other sheep had been chased over a precipice into a creek. I would not have taken £5 for the one killed. They are valuable sheep for breeding purposes. Cross-examined by Mr, Copland — I did aot see the dogs worry the sheep. I saw .

the dogs in the paddock, and I followed them. I sighted them to Mr. M'Kay's paddo..k. I don't know any do^-s \ cunM have mistaken for these two. '1 h-y arc remarkable dogs. I value the sh ep at £5 on account of the breed. The sheep killed is a full-bred Leicester. Dn^» have been amongst my sheep three weeks «ince. but I could not say they were OuJaille'ii dogs at that time. Joseph Grundy, sworn, deposed — I am the son of the former witness. Last Monday morning I heard some dogs barking amongst our sheep. I went up and saw two of Mr. Oudaille's dogs worrying our sheep. I drove the dogs away. The dogs had two sheep in a mud hole worrying them. I told my father, who then followed the dogs on horseback. I went to collect the sheep, and found one killed and four more wounded. The rest of the sheep were terribly run about. George Murray, sworn, deposed — T remember this day week T had my attention drawn to some of Mr. Grundy's sheep. 1 saw one dead and three others dreadfully worried by dogs. They were i bitten on the throat, back of the neck, and muzzle. The sheep killed was a fullbred Leicester. I cannot speak as to the value of that breed of sheep. By his Worship — Leicester's are considered more valuable than merino's. Mr. Copland, for the defence, contended that Mr. Grundy had been mistaken in the identification of the dogs that perpetrated the outrage. For he was instructed that at the time spoken of one of Mr. Oudaille's dogs was fast asleep in a barrel half filled with straw, and the other dog had been fastened in the store all night. George Jleath, sworn, deposed — T recollect opening the store on Monday last. Half an hour afterwards Mr. Grnndy came riding up, and asked me if our dogs I were at home. I said they were here just now. I asked Mr. Oudaille where the dog Jack was. He said he locked him in the store last night. After Mr. Grundy left 1 saw the sheep dog asleep in a barrel of straw. By his Worship— The first time T saw the black dog was three minutes after Mr. Grundy went away, f told Mr. Grundy the dogs were here jnst now. lam not positive if I had seen the black dog that morning. Francis Oudiiille, sworn, corroborated the last witness as to fastening the bull dog in the store the previous evening, and spoke very highly of the amiable disposition of his dog, although some of its progeny in the neighbourhood had sadly deteriorated in temper, and become most ferocious brutes. His Worship considered that an alibi had been clearly established, as far as the bull or mastiff was concerned. Heath had not given his evidence as satisfactorily as he might have done, but he had been corroborated by Mr. Oudaille. As regards the black dog with a stump tail, the evidence was not so clear. But Mr. Grundy himself had not spoken so distinctly about this one. He appeared to have more regarded him as a companion for the other. There certainly was considerably doubt about the identity of this dog, so I feel bound to give the defendant the benefit of it. Case dismissed.