Feilding R.M. Court.

Feilding Star, Volume IV, Issue 82, 13 December 1883, Page 2

Feilding R.M. Court.

— /■-<? ■• • Wednesday, Dkcbmbsb 12, 1883. (Before ,1!. Ward, Esc*., 8.M.) ' CIVIL CASES. Hal combe, and Sherwill T Frank Loudon.— Judgment summons for £27 15s 9d. Messrs Prior and Sandilands appeared for plaintiffs. A letter from defendant was read, stating his inability to actei.d, and asking for an adjournmeut. Mr Prior contended that there were not sufficient grounds for an adjournment, as defendant had had sufficient time and opportunity to settle the. case. He adduced reasons why the defendant was able to pay, and asked for an order to be made. His Worship, however, failed to see that contempt of court had been committed. H. L. Sherwill, one of the plaintiffs, gate evidence as to his knowledge of the defendant and his position. His Worship pointed out that the Act required distinct and positive evidence of ability to pay, and he could not make an order without. '" . W. A. Sandilands gave evidence as to i a conversation held with defendant, in which he told witness of certain properties which he possessed oi was interested in. Order was given for the amount to be paid within 12 days, or in default 28 days' imprisonment. E. J. Cottrell v J. Laing.— Claim £2 2s 3d. No appearance of defendant. Plaintiff proved the debt, and judgment was given for the amount and costs. *i J. Whittle r Wm. Whisker.— Claim on promissory note for £4 6s. It appeared that the bill had been signed by Wm. Whisker, junior, on behalf of his father, but the document itself did not show this. His Worship said that the wrong party having been sued, he must nonsuit the plaintiff. > Pybus v T. B. Davii.— This was an application for the re-hearing. of a case adjudicated upon at tbe . last sitting of the court. The claim was £5 14s 2d. Messrs Prior and Sandilands for plaintiff, and Mr Hawkins appeared ,f.c>r de> . fendant, and asked that T the j base be> adjourned till the arrival of the tiaw. from Wanganui. '"■', .. The defendant having arrived from Wanganui, the case was again called on, and after bearing arguments of counsel, his Worship thought the ease somewhat peculiar, and that the defendant bad suffered considerable disadvantage, in having given his evidence in Wanganui instead of at the hearing of the ease in Feilding. Under the circumstances, and wishing it to be understood that it waspot to be regarded as a precedent, he would grant a re-hearing ojf the case at the next sitting of the court: ' ;.''' ' '' '■■ The court then adjourned. ..... CBIMIIML.— LABC£ITY 40 BAILUB. George Nicholson, alias Gage, alias Williams, and William Higgins, alias William Thomas, were charged by B. Morphy, of Feilding, with larceny as bailees on the 29th of November of two horns, saddles and bridles, the property of the said B. Morphy, and of having converted the same to their own use, contrary to the statute, &>.' Inspire, tor James prosecuted. . :. - B. Morphy deposed: I am a livery stable keeper at Feilding, and let out horses on hire. Thehorses outside the court are mine, and were in the stables, on the 29th of November. [Witness here desenbed the horses]. Left the holmes in charge of my groom, Henry Hewett, while I' went to breakfast ; returned about half past nine, and found/the horses were gone, as were also the two saddles and bridle* produced, which I identify as my 1 , own; I value the saddles and bridles at, X7, and the two horses at I«12; when Inert saw the horses they were in possession of the police; I don't know either of the prisoners, and never saw them till this morning. /; „, j -. v Henry George Hewett deposed: I am acting as stableman for Vlr Merphy; on. ;• the 29th November; pnsonerG«ge came , with a boy named Bbwley to the stables between 8 and 9 a.m.; asked me to let him and another have two horses to go to Palmtrston; Igave them the two produced; did not ask them when .they would return, as I expected them back the same night ; the saddles and bridles produced are those I supplied the pris» . oner ; neither horses, saddles, nor bridle were returned ; did not give prisoner ' authority to dispose in any way of the horses, saddles or bridles. '. . .-; Patrick Frost deposed : Am contractor hn a job between Patea and Hawera; Prisoner Gage came to me on Saturday, December Ist, and said he wanted to sell a horse as he was hard up, and had com* all the way from Wellington; I purchased one of the horses with the,saddle and bridle produced for £2 15s ; the receipt produced, signed J. Harri«,Twas the one he gave me; John Beady and James MeCarty were present when I bought the horse ; .Constable lister afterwards took possession of the horse;; the receipt described the horse as branded . 8.8., which I altered afterwards to A.8., . as this was the brand on the bowe. Bobert Francis deposed ; Am employed at Bartholomew's mill, Feilding ; prison* ers had been working there too; saw Higgins about 10 o'clock on the aorning , of the 29th November oia IheXimbolton road with a fcwag on his back; lacked him if he was going back to the mill ; ne said no— his mate had gone to get two horses :. wished him good bye,; .abotit 10 minutes afterwards saw prisoner Gage riding one horse and leading another; don't know : under what name, the elder , prisoner was known at the mill. |_ Thomas P. Lister deposed : Am a constable stationed at ManutahU saw Mr Frost at the railway formation-on)tho 3rd instant, and took possession from him ,

of the horse^sadaie and bridle produced, and also the receipt. Francis Gay deposed: Am a livery i table keeper at Hawera ; prisoner Gage came to my stables with the horse produced, and asked me to feed and paddock it; saw him the same evening near tae Egmont hotel ; he said he was j ust a we*k from Wellington, had come to see Mr F. It. Jackson about 40 acres of bush, and wai going to ride on to New Plymouth ; told him he couldn't ride that horse, as it was knocked up; he said he must go on; asked .him whose horse it was and lie said it was his, and he had another at Manutahi ; asked him to exchange one of mine for his, and we made a swop, but no money passed ; Sergeant Goodhall came next day and took the horse I bought of prisoner. Charles W- Henry deposed: Am a constable stationed at New Plymouth ; on Monday, the 3rd instant, took charge of the prisoner Gage after his arrest; he said he had a horse, saddle, and bridle at the hotel, which he had brought up from the West Coast; I took possession of these; he *aid he was very foolish, and supposed he ahoald act three years for the job. ' ■ Samuel Goodhall deposed: I am Sergt-Major of police station at Hawera; saw the prisoner Gage on Monday, the 3rd inst ; I asked him his name, and he said WUUam Lhomas; I told him I arrested him for stealing two horses from Mr Morphy, of Feilding; he said if that's It you had better arrest my mate, George, who has gone on to New Plymouth ; he went there yesterday. [The witness here Tepeated various statements made by the j prisoner, but which' were hot very relevant.] Prisoner was subsequently locked tip, and the horse put into the po ice paddock with two others ; the statements he had till this time, made were voluntary ; I afterwards cautioned him, and asked him if he could tell the horse again; he «aid he thought so ; I «howed him the horses in the paddock, *nd he selected the one produced; I ea«ght the mare, and brought her close to him, and he said le knew' it by the marks on the shoulder; I read hit statements over to him, and he said they were quite correct. This closed the case, and after being warned by His Worship the prisoners ■were asked if they had anything to say aid they replied, no— that they should reserve their defence. They were then formally committed to take their trial at the next sitting of the Supreme Court at "Waoganui. The court then adjourned.