RIVERTON POLICE COURT

Western Star, Issue 2, 22 November 1873, Page 6

RIVERTON POLICE COURT

Monday, 17th November. (Before J. Cook, Esq., J.P., T. Daniel, Esq., J.P., and J. H. Menzios, Esq,, J.P.)

James Eord and Jolin Ford, of Myross Basil, and John Ford, of Groper’s Bush, were charged on information with breaking the fence of the Jslabank Pound, whereby fourteen horses were unlawfully enlarged. The case had been adjourned from Invercargill, Inspector Pox conducted the prosecution; Mr. Wade appeared for accused. J. Brown, ranger of the Oreti hundred, testified to having, on the 31st October, impounded in the Islabank Pound 16 horses, which lie found tresspassing on Crown lands near Heddon Bush; and to having afterwards learned that three of the horses belonged to Ford, of Groper’s Bush, and some to the Fords of Myross Bush ; and to having on the 7th November seen two of the horses at Myross Bush, and on Dm 9th November three of them at Waianiwa. In crossexamination, Brown stated, .that jn a straight, 1 In®Jibe’ • Is&b&ydfßfcifesd S'Wife ndar&f h f«Su| e liem| tltah'thei-WSfi&ri Pound."

W. A. Lyon, keeper of the Islabank Pound, Bald that on the 31st October the last witness impounded sixteen horses and two foals. Some of these horses bore the registered brands of John Ford, Groper’s Bush, and John Ford, Myross Bush. The pound being full, the horses, after remaining in it some time, were, for the purpose of obtaining food and water, placed in a paddock, which was enclosed by a secure fence, consisting of a strong briar hedge from four to five feet in height, alongside of which was a tworail fence, with a ditch on the outside. Witness went away from home on Sunday, and when he returned on Monday evening, he found eight of the horses gone. On examining the fence where the horses had got out, he felt convinced that it had been broken down by a man. The horses which he found absent boro the brands of the Fords, In cross-examination, Mr, Lyon stated that some of the posts of the fence were rotten, hut they would be supported by the hedge ; and that it was possible, although he did not think it probable, that the horses might have forced down the fence and escaped. When ho found the horses were away, he came to Riverton and laid an information against the Fords for horsestealing. When he went from home, he left a lad named Charles Henderson in charge of the pound, with instructions not to let any horses be taken away from the pound. Charles Henderson deposed that on the 2nd November he was left in charge of the Islabank Pound by Mr. Lyon. Ho had instructions not to Jet any horses out until. Mr. Lyon returned. On

Sunday, the two Fords of Myross Bush came and wanted their horses —flue in number —but, acting in accordance with his instructions, witness declined to let them go. At 6 o'clock on Sunday evening, he saw the horses in the paddock, and at 9 o’clock the - following morning missed them. He found eight of the horses at Cupple’s gate. Cross-examined ! When the Fords’ asked for the horses, they offered to pay the fees according to scale on the board. If the horses jumped at the fence violently they might have knocked it down, but the breach appeared to have been made by a man.

Alexander Stenhouse said that about 7 o’clock on Monday morning he saw John Ford, of Groper’s Bush, driving a mob of horses from the direction of the Education reserve. He (witness) .eoqeyed for John Ford, of Myross Bush, who was in Sheridan’s hut. He came out, and witness assisted the two to draft their horses from the mob. James Ford was not thei’e. John Foixl, of Groper’s Bush, said he got the horses off the Education Reserve. Constable Barry deposed to having visited Myross Bush on the 7th November, where he met James Ford. On enquiring for John Ford, James Ford said —“ I know what you’ve come for; it’s about the horses that wore taken from the Islabank Pound.” Ho (James Ford) then pointed out two horses running in a paddock, which were identified by Brown, the ranger, as belonging to the mob he impounded. John Ford said that the three horses he had taken were running at Waianiwa, This was the case for the prosecution. Mr. Wade addressed the Bench for the defence, Ho stated that if his clients were guilty of the offence charged, then Stenhouse was equally guilty, as he had assisted to draft the horses at 7 o’clock on Monday morning, and nothing more than that had been proved against the Fords, He contended that the cattle had not been legally impounded, as by the ranger’s own admission Islabank was not the pound nearest to the place where the horses were tress-

passing ; and, further, that when the Fords tendered the poundage fees, they had a right to the possession of their horses, and would have been Justified in going into the pound and taking them. The learned counsel commented upon the evidence regarding the fence, which he considered proved that it was insecure, and said that there was nothing more reasonable or probable than that some of the horses effected the breach that had been made. What was more natural than that John Ford, of Groper’s Bush, proceeding to the pound for the purpose of releasing his horses, on finding that the mob had escaped, drafting lus own from amongst the others ? It was not his business to drive the horses back to the pound, or to make any enquiries. Then there was no concealment, such as would have been attempted had the Fords committed an illegal act. Then, Mr. Wade continued, what possible connection had John Ford, hf Myross Bush, and James Ford with the matter ? The former was not out of bed when the Groper’s Bush Ford drove up the horses, and the latter was not seen at the affair at all. In conclusion, said tha\ although the facts might Justify

to warrant the Bench in convicting the accused. The case was dismissed.

John MTntyre, charged with allowing sheep to trespass on the Jacob’s Eiver Hundred, was fined 205,, and costs. The Court then adjourned.