Magistrate’s Court.

Waipawa Mail, Volume XXI, Issue 3715, 19 February 1898, Page 2

Magistrate’s Court.

FRIDAY, 18th FEBRUARY. (Before Messrs JohnsoD, and iDglis, Justices.) John Boult was charged with nepleoting to bury a horse that died on I.sth January, while in bis charge or keeping. Mr Lee appeared for defendant, who pleaded not guilty, Ernest Cook, of Wakarara, deposed as follows On the 15th January I saw dt fendant riding a horse on the public road running through Mr Mathews’ station, Wakarara, going westward ; it was a bay gelding; he poseed me ; I saw him later ou leading the same horse, he was then goinn oast ; I did not notice him particularly ; he apked me bow to stop bleeding of a horse that had got staked ; the horse was blooding iu the groin ; I said no ; defendant travelled on with the horse, and I left him ; one and a half hoars later I passed the same place ; I had heard that the horse was badly staked and X went to see how it was getting on ; I found it was dead 5 defendant was there also and hi* brother Thomas ; I asked hiqa to bory the horse and I gave him & spade to do so ; the horse was lying dead on the wheel ruts on the public road ; it was

the same horga that defendant was lead iug ; ho said he would bury it and I >«£; ; ho accompanied me to M*thow<s’ stdtiou, wharo I taut him the spado to bury the horse; I did not see him again till the 24tb ; ou the 16. b I panned the p ace where tho horse was lyiug and found the horse was not buried, but the body had been removed for about three quattera of a chain from the middle of the road ; it lay on its side in the bed of the Mangatawia creek, exposed, about three .inches of soil thrown over its neck and a few soda thrown against the side of the horse ; it was not buried, the head and body were exposed ; l notioed that the ears had been cat off ; it oould be seen from the publio road ; I next saw defendant on the 24th January ; I was assisting Mr Murray to bary the horse ; defendant came along while we were engaged burying the horse ; Mr Murray said ho bad come too late, that he bad sent information to the police ; he said “Oh well, I will help to bury it;” he threw a few spadefuls of earth on ; it was nearly buried when he came and he helped to finish ; we started at about a quarter to 8 am. By Mr Lee—The fire had been all over that country at the time ; I do not know who cut off the ears ; on the 24th I came along the road past where the horse was, to post a letter ; I saw a dead cow lying in the creek on Monday last on the bound ary of Mr Matthew’s property ; it lies in the water ; the fire killed a few sheep, these have not being buried ; I dtd not touch the horse on the 16th and don't know what was beneath it. The Bench said the cross-examination should be confined to the charge. Thos. Murray, Wakarara, manager for Mr Mathews, deposed—Defendant lives in the same locality ; I made a complaint on the 12th January. I heard in Hampden that defendant had had a horse killed ; on the 17th I went past where the horse was said to have died, and saw the body lying jast off the side of the road ; it ooald be seen from the road ; it was just over the bank ; I came across it unawares ; I thought it had been buried ; I suppose it was half a ohain off the ro&d, lying on the sand thrown up by the freshes in the Mangatawra stream ; it was not buried, bet a little earth was thrown against its sides and on the head and its ears out off; it caused a smell ; I went on and made enquiries and was told Boult had refused to bary it, sayiug the owner should bury it ; on the same day I wroto to the police ; later on I called on the polioe at Waipawa about it, and Constable Brosnahaa wrote a letter to defendant ; I Snow tho contents of the letter and it was handed to me to deliver to the defendant; I did so on the polling day when I saw him at Hampden ; he pat it in his pocket and did not open it; I told him who it was from ; ho did not open it then ; I said “ If you are not going to open the letter I’ll tell you the contents, it is asking you to bay the carcass of the horse that was killed.” Ho said “ B you and b tho horse, let the owner bory it." I simply said he would fiud that the owner had nothing to do with it; I had no further conversation ; on Monday, the 24th, I buried it as it had been lying ton days and everyone was complaining of it ; it was aboat twenty chains from my residence, and we oould smoll it when the wind blew that way ; from his remark* I considered that tho defendant refused to bury the horse ; [ boried it about halfpast seven or eight o'clock ; while about finishing burying it defendant came ou the scene

By Mr Lee—l think it was after dioner whun I gave defendant the letter ; Boult was twelve miles off where tho bors“ was ; I don’t know where Bonlt lives ; I I have no edge on him whatever ; the fire had been over part of the place on the 15th and killed several sheep ; I have done nothing with them ; there is a drop of 3ft or 4ft where the horse was ; pigs may scrape off earth ; we have four or five pigs not fastened np ; I suppose pigs do feed on carrion, bat they have not down there to my knowledge ; Barlow’* place is a little more than three miles, none of them near; the horse could bo seen from tho road three or four chains off but not at tho place. Constable Brosnahaa deposed—ln consequence of complaints by the last witness and others, I wrote on January 21 to defendant ; on the 24th received a letter from Boult dated 22nd, saying he would bury the horse on Monday, as he could not very well do it before ; in conse qaence of what I heard after sending Boult’s letter I laid the information ; I don’t think I would have done bo had be boried it on the 24tb.

Mr Lee said Bonlt bad a camp and tools at Wakarara and the fire burnt everything be had ; bo borrowed a horse in Blackburn and was going over the horning country to get to his oamp the fires coming from there at this time ; the horse got badly staked and Boult could do nothing to stop the bleeding and the horse died ; this happeued twelve miles from home; he with o great effort got the horse over tho cliff and covered it over with a foot of earth ; if Messrs Cook and Murray saw lops earth it had been disturbed by pigs ; Boult did all be could at the time and did not borrow a spade for nothing ; it was late when he finished and ho had to go soven miles to Blackborn ; he denied saying what Murray said ; he got the note on the 22ad ; next day was Sunday, and on Monday he found Murray burying it Tho Boooh said the charge applied to tho 15th and not the 24tb, and it could not be said the horse was buried by being pot in a creek ; even though ho denied tbe expression to Murray, there was no getting over the fact that defendant admitted in his note of the 22nd that it was not buried. Tbe Bunch was not vindictive, while upholding the law, tbiuking the defendant had been wroDgly advised by some “ bush lawyer.” Mr Lee said be would leave the matter in tbe hands of tbe Court.

Finod Is, with 27s costs, 42s expenses, or in default one month with hard labor in Napier gaol Two months’tims to pay up was allowed at tbe request of Mr Lee.