RESIDENT MAGISTRATE'S COURT.

Wanganui Herald, Volume III, Issue 533, 16 February 1869, Page 2

RESIDENT MAGISTRATE'S COURT.

THIS DAY. (Before Walter Buller, Esq., R.M.)

DRUNKENNKSS AND VAGRANCY. Hannah Hedley was charged with being drunk and disorderly on the streets. Several previous convictions having been proved, she was sentenced to one month imprisonment with hard labor. Two children, whom she leaves destitute, have been ordered to be taken care of by the R. M. y

Joseph Crozier v. John Pawson. Claim £50. This case was adjourned from Friday last.

Joseph Crazier said : I was goin<* to slaughter a bullock on the 1 -2th January last; there is a small pen for roping the beasts in ; drove the cattle out of the bi<r yard into a small pen*; sot down to .■ret hold of a rope of a bullock that was running out, and a black cow rushed at me, and tore my arm ; there used to be a gate, which had been taken away ; it the gate had been on, the accident could have been prevented ; I have been from work five weeks ;to-day ; I have lost about £2 15s a week ; I have suffered a good deal of bodily pain. By the defendant: It is not customary to go into the yard to rope beasts; the beast I was roping Avas m)t my mas ter's, it was Mr Palmer's beast; it is not customary to go in among a number of beasts in a yard with a roping stick. John Love gave corroborative evidence, but in a manner that entitled it to no weight.

Chas. Parson : I am a butcher, T was not present on the I2th January at the yard ;_ the yard is not in a fit state, for there is no gate there ; whether the sate is there or not, a man would not be in the yard, he would be standing on the fence; if a beast rushed at him he would likely knock him into the other yard. John Morgan : ; know the slaughterhouse yard ; it has been in a bad state for a long time; in November Iliggins promised me that the gate should be put up; on Thursday last I saw that the gate was.not up; in wet weather especially it would be impossible for a man to set out of the way if he were rushed. By the defendant: I have seen a man standing in the gateway; lam interested so far, that I have agreed to pay onehalf the costs, if the plaintiff should lose.

The defendant addressed the Court, urging that he was not liable, as he let the yard to .Mr Biggins. lie had a good case on the merits, as he could produce evidence to show that the plaintiff bad no business in the yard at the time, and that it was not necessary to the roping of cattle; and called

W. B. Palmer: In February last an agreement was entered into between the defendant and Mr Higgins, the former leasing the slaughter-~yard to Iligains, the latter agreeing to keep up all repairs. I have never gone into the yard to rope beasts ; I would not go into the yard under any circumstances ; my men complained of the gate not being up ; I did not employ the plaintiff to rope the benst; I could rope the beast off the rails.

By Mr Roberts : The absence of the gate tends to danger.

My the Court: The accident might hive been prevented if proper care had been tik«jn.

Roj.urt^ Hurgnis: I have never seen occasion fur a man to go into the yard to rope the beast; Crozier has on previous

occasions been in the habit of going in among the cattle; I -have repeatedly cautioned the plaintiff against the foolhardy way he has gone in among the cattle. i By Mr "Roberts: I don't recollect asking tbe defendant for the woodwork of a Wm. Adatnson said the way he roped bullocks was by standing on the rails; the bullocks sometimes run out, and they had to be run in asain. By Mr Roberts: The beast could not run out if the gate was there. His worship said, there was no doubt about Mr Pawson's liability—he was the lessee, and responsible. He did not think that the plaintiff was entitled to clamaaes; it was an accident, and from the evidence,'he had shown a temerity out of a spirit of bravado, which contributed to bring about the accident. The fourt sympathised with him in tbe injury he bad sustained, but did .not think he was entitled to recover. Verdict for defendant, with costs.