RESIDENT MAGISTRATE'S COURT.

West Coast Times, Issue 2175, 19 September 1872, Page 2

RESIDENT MAGISTRATE'S COURT.

Wednesday. September 18".

(Before G. G. FitzGerald, Esq., R.M.) BItuNKENNKSS. Jessie Gilmore and John Nclis, charged with being drunk and disorderly, were each fined £1, with the alternative of forty-eight hours' imprisonment. MALICIOUSLY WOUNDING CATTLE. James Park and William Park, two young lads, were charged with unlawfully and maliciously wounding two horses, the property of James Rae. Sub-Inspector O'Donnell conducted the prosecution,' and Mr Button defended the prisoners. James Rae deposed that he is a livery stable keeper on the South Spit. On Saturday 1 afternoon, the 14th inst^ about 4 o'clock, he let out six horses frdm his stable. They were all right then. Shortly after he saw them cross a branch of the Hokitika river along with four other horses, belonging to another man. The horses were accustomed to graze ill a paddock near the Wobdland's farm, and the horses went" in that direction. About 7 o'clock the next morning, witness saw in his stable one of the horses he had turned out on the previous evening. It was a grey horse. Found that the horse had shot wounds on the near side, scattered greatly over the side, and extending from the knee to the shoulder. Picked out thirteen shot from that side. Found more blood on the off side than on the near side. On the off side, some of the shot had entered the fore legs, but the greater part had lodged in the lower rib, about the middle of the horse. The horse was useless at present, and witness did not think he would ever be of any use to anybody. The horse was unable to move in consequence of the shots. He was worth about £20. Another horse, a piebald, came in about an hour after the grey. The piebald also had shot wounds, right from the centre of his back over his right shoulder, and a few> over his neck. He was not so badly wounded as the grey, and was not'so much injured. Both horses seemed to have been shot over night. The -blood seemed dry. Gave the shot witness took out of the horses to Detective Browne. They were similar to those produced. Sometimes witness had found his horses on the Woodland's farm, which is occupied by the father of the prisoners. About four months ago the prisoner James Park spoke to witness about the horses being on his father's farm. John Taylor, a groom employed by the last witness, deposed to seeing the horses turned out of the 6table on the evening of the 14th instant. Saw the grey horse on next (Sunday) morning on the river beach opposite Hansen's garden, about a quarter of a mile from Woodland's farm. Witness put a bridle on the borse and rode him home. He appeared to have been rolling on the sand. Mr Rae called witness's attention to the horse after it waa in the stable, and witness then saw that the horse had been shot on both, sides. Witness

ifterwafds brought the piebald horse in, j md while scraping him saw shot marks pi upon him. In searching for the hor.'es on b he Sunday morning, witness found their track on the Woodland's farm. Found p ihe tracks of the grey het&e alid the pie 1 n bald hofse": TJiS grey was barefooted, arid the piebald had nd. shoes on .his fore feeM g Th" c, tracks, were jery recent ftiH .corres- S Ponded wijtn" th'eiinipressiorid thfe two horses wftuld ma&e. There's an entrance to the fi Woodlands farm by the river side, there b being no fence there. Dr Maunsell deposed that on the morn- o ing of the , Jbjstant ■ he\ examined ty;o C hoMes^fttAverje'sbown \a him by ttete'dtiVe B'fciwiie in Mr Eae's stables. The " horses had been shot, and witness took out n a few of the shots from each. They seemed to be No. 4 shot, and were similar j to those produced. The wounds ,n.p^n the fc grey horse appeared;, to; be serlmiK hut witness did not. think tbifc the. injuries t would Jse, permanent. jThe horse must < have been, fired at : twice. : There were shot mark^on, tjie. pieb,ald. horse oven.the i chest, the abdomen, and thp off side.- Wit r < ness, thought ,that; Jhe i shots musfi have tieeii fired from a distane'e of twenty yards at least, as they were so much scattered. Detective Browne deposed that on Sunday, the 15th inst., he v wen£ to the South Spit and saw two hors.es in the James Rae. ,. They , were wounded. The grey had been sha£ on .both sides, and the other on .the ebek and on the oft* Side: Witness then went towards Arthur's Town, and, on the way, met William Park (the younger prisoner) on horseback. Witness asked him if he had seen any hbrses knocking about during the previous might. At first ..the said he., had not, .but afjtervyaEdD.,.he< snid.he, had seett-.^njeiin their £addoiik ti&eaning his fatHer'o paddock). Witness asked him what kiud they were. Prisoner said they were a light grey, and a chesnut. He said he drove them out of the paddock. Witness asked him at what time he saw the horses aiid drove them, out, Prisoner said he came home at .7 o'clock in the evenings 4nd It was phorlty after. Witness hiiti did. he lleafc any firing that night, aiid he said he did not. He said that Rue's horses were a great uuisauce, and his father had written to Rae about keeping them at home. Witness then left the boy and went up to his father's , house, Woodlands farm. , Mrs Park gave \yitjn&ss the.gtm and sbo<(-belt produced- , Witaess examined the gini. It appeared" id have' b'eeil recently discharged. There was au exploded cap on the nipple. It is a single- barrelled gun. Witness handed over the gun to the Sub-Inspector, and examined the shot iv the belt, and found that they were exactly similar to those witness got from James Rae. The sizes were the same, the only difference being that those that had been fired were injured In shape. Afterwards witness saw James Park (the older pri^iier) close id W.q dUvet Bddffc, ffis rriotljier liad Jusf effojq up to lu;nj aiid had warned her son not to say anything. Witness told him he did not want him to criminate himself. Witness then asked him if he had had a gun out on the previous night. Prisouer said he had not, but that his brother had. ' Witness understood him to mean the younger prisoner. He said that his brother had been looking for a morepork, but did not discharge the gun while he (James Park) was with him. He said he heartf a gun discharged after he Went intd tlie .House: James t Park clalnled tUejgiih as his jfro-, perty; Arid trie*} to Mst it from the SuV .Inspector. "Witness then saw William Park (the younger prisoner) coming up and went to meet him. Witness cautioned him against criminatiug himself and then asked him how it was that he told witness that he did not hear a gun fired. Prisoner then said that he forgot to tell witness that he had his brothers gun out. He was looking for a morepork, and not finding one he fired at an old hat on a fence. George Ah Mcc deposed that he works at the Sawmills, but Uves at the CUjridmeri's garde >; on fhe other side of the riVe. The . prisoners live close by: Their paddock is on one side of the fence and the Chinamen's garden on the other side. Witness got home on Saturday evening at § o'clock,. ,It was nqt quite dark., .TiVjitness did" not. see any hbrses iv ;the paddpblt. Heard a gun fired about 9 o'clock* a little higher up tlie' river. Witness remained in the house. [ Heard the gun fired two or three times. L Witness remained in the house all the ; same. Did not go out when the gnn fired. Sub-Inspector M'Donnell applied for a remand. ' His Worship said he could not see any ' evidence at all against the older prisoner ; to warrant his detention. There was nothing whatever on the ' depositions cast- ! ing even suspicion upon that prisoner, and J he must be discharged. Against the younger prisoner there was a strdng case ' of suspicion, and a remand would be 1 granted. c The prisoner was remanded to the 23rd 3 inst., bail being allowed— the prisoner's r father in £50, and two sureties in £25 J each. > • Civil casßs. • . Judgment by default was given" in the J following cases, there being no appearance ' for the defendants:— Barrett v. Bees, £9 l 9s ; Scott v. Sunderland, £,1 7s; M'Nee I and Co. v, Buchanan, £5 14s 6d ; same v. i Whitford, £4 17s 4d ; same v. Burke, £4 I 6s lid ; Campbell v. Buchanan, 18s 9d. I Wilson v. Ashby. — Claim, £6 ss. Del fendant appeared, but the only defence t being' inability to pay, judgment was I entered as by consent. ' SLAUGHTERING LICENCES. j! Licences for slaughtering cattle were . granted to Raffino Taminelli, Richard , Campbell, and Edward Milburn. 5 The Court was then adjourned until the 3 following (this) morning, at 11 o'clock.