RESIDENT MAGISTRATE'S COURT

Wanganui Herald, Volume IV, Issue 854, 12 May 1870, Page 2

RESIDENT MAGISTRATE'S COURT

Thursday, May 12, 1870. (Before Walter Buller, Esq, R. M.) DRUNKENNESS. Violet Dowling charged with the above offence, was fined 10s or 48 hours imprisonment. Jas. Home, charged -with the same offence was fined 5s or 24 hours imprisonment. Edward Thurley was charged by constable Campbell with indecently exposing his person in Ridgway-street, on the evening of the 11th inst., and fined 40s, and costs. CIVIL. R. S. Low v. Aperahama Takuninaranga. Claim £25. Judgment ex parte for amount and costs. BREACH OF THE SCAB ACT. John P. Bewley was charged by James Wilson with allowing twenty-one sheep affected with scab to stray on land belonging to Captain Rhodes. Mr Cooper appeared for the plaintiff, and briefly opened the case. The defendant pleaded lst, that he was not the owner of the sheep, and 2ndly, that they were not scabby. Mr Cooper called Mr Robt. vVilson, manager for Capt. Rhodes' who stated that on the 31st March last, he was informed that certain sheep, the property of the defendant were upon his land, but he had not seen them himself.

George D. Lough, shepherd on the Eaton station, swore to the sheep being on Capt. Khodes' property on the 31st March, about half a mile, or a mile from defendant's boundary, that he received instructions to yard them by Mr Marshall, manager of the l.aton station, and upon examination found an old ewe and a lamb scabby; the inspector saw them the next day and pronounced them to be affiiefted with scab. Witness assisted defendant to drive them off ( apt. Rhoden' land. Cross-examined by defendant: Another person was with me when I found them; I swear tbat the sheep never mixed with Capt. Rhodes'; the fences kept thorn apart; I did not tell you that the sheep you took away were perfectly clean. By the Court: I have been amongst sheep for 13 years, and am an expert amongst scabby sheep. Robert Simpson: I am sheep and scab inspector; I know Capt. Rhodes'

station; I „was. there on the lst April last; Mr Marshall pointed out some sheep to me in a yard; there were about twenty-one ; one ewe and a lamb: were scabby; I detected the scab insect on them; the defendant has not a clean certificate; I know that his sheep are scabby. -

Cross - examined by defendant : I showed the insect to Mr Marshall and two of his men ; Capt Rhodes has not got a clean certificate.

By the Court: Defendant has used every exertion in his power to clean his flock, but in my opinion has not adopted the right means.

The defendant stated that the sheep were not his, but that he was taking charge of them for his creditors ; the flock had been shorn in November and twice dipped since.

The Bench considered the case proved, and fined the defendant !£lO and costs, including counsel's fee of £2 2s.