Feilding R.M. Court

Feilding Star, Volume VI, Issue 126, 9 April 1885, Page 2

Feilding R.M. Court

"Wednesday, Apbij^ 8; 188 S. (Before E. Ward, Esq., R.M.,) lAILIWi TO BUffcORT. Grantham v Grantham. — Failing to obey an; order for maintenance. Case adjourned till next court-day. ASSAULT.' ) Gray v Towers. Mr Stajife for the ! plaintiff and Mr Prior for defendant. i This was a ease of assaul^aJ^TKaJy^ jon March 23rd. The plaintiff was In: jthe employ of. defendant* ; »and the supposed assault was comtctitfod" while .plaintiff was in. ths e^pl^olJLefendant. . . " " J. Gray deposed:' He was on the date of the assault in the employ- of defendant; defendant knocked Ifflaintiff down, and threatened! to his guts out;" had used no provoking language. • Or fl'i l.iT3 Gross-examined: Hadbeeintttoking for defendant a fortnight ;, had reamed. notice to leave, but l^ad -tpld^i might st»y.o»ld,lean» I h^.^a^; II TRr«B told to go to. Feilding with a xnjesaag!e^ had his dinner in Feeding j.^efonaajij was, killing on that , day ; O K^. j^ij told, to come and attena to his work, , did not use a disgusting expression t< > defendant ; after the assault defenctaji ; said he would not pay plamtifjT, to d>c I not go back to work, although defend • ant had asked him; after delenaarrt swore at him refused to go for cattle as ordered: refused to ga7tp' wiirk,: got hie clothes and cleared ,; defendant caught hold of him by ' the coat wim both hands ; suffered much pain: Hfit did not call in the doctor ; had been working since ; was it years of ate. Re-examined : Started to obey tlft order for the horses, when defendant commenced to abuse him. . ; -• • R. Logan, stockman,, deposed : Saw the dispute between Gray and To Vert ; described the assault as provoked, by the disobedience of the boy; heard" no bad' language used because he^as engaged with a horse ; hejard Towers calling the boy, but the boy did not . obe y. •■■■•'■ ..- ■ " ;•..-., ..'■ -f.^-.r By the Bench: The boy $ras iieftner hurt nor frightened; if Towers had caught the boy by the throat witness would have seen it. John Perry (a boy) deposed : He lobked 1 after horses for. Hughes,; Bfwr the seuffie; Tow ere caught him, by the collar of the coat and plaintiff, slipped down ; came up with defendant in his trap, who told him that his lawyer Wpuld tell him What to say. ( Laughter, Mr Prior (as Mr Towers' lawyer) : " Have I told you what to say ?" .::• Witness:;:*'" No.' 7 - „:.:,;, „]■ .:<■' 'j Cross-examined: Gray refused to obey the order of Mr Totters?, when Towers came after Gray, Gray turned round and Tow era caught bira.byjfflie coat i Gray was neither hurt nqr frightened.- '■ ''< ■' [;'• >nh:-s^ Re-examined : Logan did not take Towers away. 1 By the Bench : When plaintiff was on the ground, thought defendant had pulled him down ; the b-jy itf terwa|i& told witness thaF he had been caught by' the throat. ' ■■■>■* •■<:■{ John Gray, f athor of the plaintiff, remembered Mb aon making m cbmplaint; noticed a scratch on the boy's throat on the 24th March, ;the (lay nftor the assault ; changed Towers with an assault and he denied it ; the boy appeared to have suffered, and was ill tht> same night $. the . boy subject to fits ; Mr Towers hadjjpjaiil the son's wages. ' ■•- -~ Crosa-examiued : Towers, denied the assault.' " ' " ••'•■'"- Jl -' 1 - 1 ' By tha Bench, : , N.ayvous excitement brought on an attack of dysentery. Mr Prior addreßso^tha court i pr»the defence, and afterwards called 'the defendant; 'who deposed ;f,£se; sent the boy to Feilding Jo. tefi Mr Hughes hia horfte;wa^ in a hplo^t^ld, the ,bj)y :^o look sharp, but .he didn't ; (witness here detailed the conduct of the boy up to the time of the so-called assafult) took the boy by the collar and told him f o go for the horse ; plaintiff left and went to Perry's. By the Bench: "Was a little vexed ; did not take the boy by ,the threat. : . The R.M. said the boy was provoking, and as the law gives powerttfa master to punish his servant, boy, or apprentice, he dismissed the case without any order as to costs. orvii, cases. - .-.■'•:. : Lewers v Grantham. — Claim 18b. No appearance of defendant. This wa» a case adjourned from last court day. . Mr Prior for plaintiff. Case adjourned for a month. Rapley's estate v JT. Laing. — Claim • £5 3s. No appearance of defendant. Mr Prior stated he hftd arranged take an order, which would not be put into execution for a week. Order made accordingly 1 . j' - T. B. Cummins v Bud§Oß.--dlaim £1 15s. In this instance defendant | applied to give his evidence in his case, which will be decided in Wanganui. ; ' ; ' '•; •! Thomas Dudsoa deposed,: Se 'Wzb defendant in this action, and a saddler residing in Feilding; admitted the service of the summons in the case ; did not admit the claim ; had not had particulars of the Whole claim, and had not admitted the correctness of the claim ; had' applied ! several times for the account ; certain goods cha/ged for in the account were paid for at the time ,by, defendant's wife ; did not think his wife got anything' '-without paying for them. r .. „ The court then adjourned. ■ ii i i * i