Feilding R.M- Court

Feilding Star, Volume VII, Issue 18, 23 July 1885, Page 2

Feilding R.M- Court

Wednesday July 22, 1885. (Bofore B. Ward, Esq., E.M., and E. H. Wright, Esq., J.P.) ABUSIVE LANGUAGE. Charles Henry was charged on the information of Thomas Foster, with using abusive words towards him on the Btk inst. Mr Staite appeared for defendant who pleaded not guilty.^ Complainant deposed to a litfle dispute between him and, defendant over 12s, and the latter called -him i bad names (quoted) ; did not feel : inclined to knock him down or stnKe ; him, but only threatened him with-'aT summons. . •"_ ? .0. Edward Turner corrcbtrated plaintiff's evidence as to the words used bj defendant. . /«>«»«_ Charles Henry, the defendant, deposed to Foster owing him 12s ;„ knew? , he had received some money, told bjmT so, and he denied it ; then told him he was a man of no principle; would swear he did not use the words quoted by plaintiff. • • • -'" r I ; Fined 10s and costs 9a. ; ' FAILING TO PBOVII*. " j ff . ; Michael Doherty was cb.arg»d under * tho "Destitute Persons Act ..on_±he.. information: of , Ann Af ajdtt JDoherty, his wife, with failings to 3pprov<de<2her with adequate means -of support. Mr Staite appeared forthe cbm^lauianf^ and Mr Sandilands for-the defendant/ who pleaded not guilty.. , Ann Maria Doherty • deposed .&> being lawfully married to defendanfoia on the 9th of July he told her to leave the house, and. not to return Aga^f; said he would not live with her again&L would swear he had refused to support her ; he asked her last night to come back again, but she refused; witness was now living with her parents. Cross-examined: Did. not know his reasons for turning her away; had not given him the least provocation. . Be-examined: Could not get provisions, as he had stopped all her credit. . - - •■■ -■ '<" By the Bench : Could not live with him on account of his bad language and threats towards her; he had called her repeatedly by the most abusive names. INTEBFERTNO WITH A BELIGIOUB BBBVIOE. John Charles Anderson was charged on the information of John Condon, captain of the Feilding contingent of the Salvation Army, with unlawfully" interfering with the orderly conduct of a religious service at the Army Bar-: acts on Sunday the 12th inst. The said John Condon, was charged . by the said John Charles Anderson with unlawfully assaulting him on fine above date. He pleaded not guilty. Both cases were heard together, Mr Sandilands appearing for Condon, and Mr Staite for Anderson. ' „ The captain deposed to Anderson causing a disturbance at the meeting r during prayer by laughing and talking; he would not leave when c.-*B?iq quested to do so. Cross-examined: Other p«ople_ laughed and talked at the arrnj-e .-, meetings; Anderson asked to be allowed to put on bis' coat arid leave. ; C Lucas said he wits present at^the _ meeting,' and nearly all through! . Anderson was disturbing it in the^ way described by last witness.' • nrT Cross-examined: The congregation"- 1 often laughed and talked to each other during the meetings; did not hear Anderson laugh during prayer. „ Geo. Clarke and John Pawson g**&, T evidence of the disturbance, and the - altercation between Condon and Anderson. - '■, '" ; : Mr Staite addressed the court on •/ behalf of Anderson whom he did not think it was necessary to call. He held that the meetings of the armywere calculated to provoke laughter, &c, and that persons who went, and- ' contributed to the collection' had * right to enjoy themselves. ■ '.:. . \::r The decision of the Bench was that persons attending religious services must behave themselves, that an offence had b^ncdnuxutted by Anderson, who would be fined. 20 .with costs ? ; and counsel's fee: v • ■ :■> 1 . The charge . against Condon \ was dismissed. : : » <rr: ojvil cases. ; ;.. .•:-.-(.•»: j>j .-, • D. Mcßeth v H. H. McDonald.— Claim. £8 on a dishonored order. Mr Goodbehere for plaintiff, Def endftnt > did not appear. -„:; - ., i Edmund Goodbehere deposed to being instructed by plaintiff to apply to defendant for payment of amount of claim; received an order whioh had since been returned to witness. Same ▼ G. N. Wood— Claim £7 under similar circumstances to. the . above. Mr Goodbehere for plaintiff. No appearance of defendant. Robert Mcßeth gave evidence of the chum on behalf of his brother;-'*-' ' ' Judgment for plaintiff in both cases with costs and couaaelVfee. ' ' ; Chas. Henry v J. T. Foster.— -Claim. 12s 6d. Mr Staite for plaintiff. It was shown that the claim had been paid after the summons was issued, out before it was served W. A. Sandilands deposed to being iustructed to collect the amount from defendant, who paid it to witness about 7 o'clock in tke evening ; knew nothing then of a summons having been issued for it, or he should not have taken it. Judgment was given for the defendant. ■ v. Geo. Crichton v Geo. Knowles.— - Claim £7 8s 6d for goods supplied. Ordered to be paid with costs. J. Freeman v Buera. — Claim £2 4s for boots. No appearance 'of defend- : ant. Judgment for plaintiff and costs. H. Penberthy vF. Peterson.— Claim £1 0 5s 7d for goods supplied. Def endant offered to pay 15s per month, which the.plaintiff refused to accept. Ordered to be paid at £2 per month, with costs. G. Crichton v M. O'DriscolL—Judgment summons for £4 6s lOd. No ap- ' pearanee of defendant. i . The plaintiff and Charles Curtis were examined, but the case was adjourned for a month for further evidence. J. C. Thompson v Thomas Sexton, jun.— Judgment summons for £7 IBs.

No appearance of defendant, or cause of absence shown. To be paid within a week or 8 days' imprisonment. Jas. Ewing v John Neary. — Judgment summons for £7 11s. No appearance of defendant, or cause of absence shown. To be paid within a week, or 8 days' imprisonment. L. Stewart v T. Morgan. — Claim £8 10s on sale of a horse. Mr Sandilands for plaintiff and Mr Staite for defendant. Part of the claim was disputed. Both parties and several other witness were lengthily examined and cross-examined, and after both eounael had addressed the court judgment was given for a nonsuit for plaintiff, without costs. Henry v Lance. — Claim £1 10s. In this case the claim had been paid into court, but no costs. Judgment given for costs, 14s. ASSATOT. Robert Belfit was charged on the information of John Condon, Salvation captain, with unlawfully assaulting him on Sunday, the 12th instant. Mr Sandilands appeared for the complainant and Mr Staite for the defendant, whom Mr Staite informed the court was engaged as a juryman at the District Court at Palmerston, and could not therefore appear, but his instructions were to the effect that his client waa not guilty. John Condon gave evidence of comiag out of the barracks where a crowd was making a noise, when he was seized by Belfit by the throat and dragged into a puddle of water; gave no provocation whatever. Cross-examined-: Did not catch hold of Belfit first; was not having a dispute with anyone ; there was no one being ejected from the hall; did not know why Belfit seized him ; did not know- i ingly touch Belfit. Mr Staite hare declined to go on further with the case in the absence of his client. A telegram was here handed in from Belfit, stating that he could not be there before 4 o'clock. Case adjourned till that time. Amesbury t Ewing. — Claim £6 11s as damages for alleged loss of commission on sale of oats. Mr Staite for plaintiff and Mr Bandilands for defendant. D. E. Amesbury deposed to defendant instructing him to sell some oats ; was to get a sample from Belize's stables; was to sell the oats at 2s 2d per bushel ; sold them to Mr Gichard, and defendant agreed to accept the purchaser's promissory, note; Ewing told him there were 75 bags; was to be plaid TO per cent, on the sale; Ewing wasinJtus ordinary senses and knew what he' was doing, but , refused to deliver the oats, on die alleged ground that he was not satisfied with the price. Witness was lengthily cross-exam-ined. John Maysmor, insurance agent, deposed to being present when the transaction was made for Gichard to purchase the oats; 2s was given to Ewing to clench the bargain. Gross - examined : Knew nothing about the price or the arrangement for payment. Edward B. Gichard gave evidence of purchasing the oats from plaintiff on 29th of May at 2s 2d ; met Ewing at Bellve'B Hotel respecting the bargain, when defendant offered to accept witness's promissory note at 3 months ; Ewing said Morphy was to have 10 bags of the oats; Ewing asked for something to clench the bargain ; witness gave him 2s and he said " The oats are yours." William Golding deposed to being present when the transaction was made between Ewing and Amesbury about selling the oats, and hearing the arrangement about the 10 per cent, commission. This closed the plaintiffs case. The defendant, James Ewing, deposed that Amesbury offered him 2s 2d, but ha refused, and said he would take 28 4d cash; did not remember agreeing to pay Amesbury 10 per cent.; did not get 2s to clench the bargain ; would positively deny having offered to accept Gichard's promissory note at 3 months for 2s 2d per bushel. Frank Homer, stableman, deposed to weighing the oats purchased by Morphy, and giving a sample to Mr Amesbury ; the latter said he had sold the rest of the oats if Ewing would take Gichard's bill ; knew nothing of the price, and heard no bargain made ; Ewing afterwards told him he would not sell them at 2s 2d on a bill. y Mr Sandilands contended that Mr Amesbury had not done his best by his client in not getting a good price for the oats, and was therefore not entitled to the commission claimed. Mr Staite's contention was that Ewing had made a bargain from which, he had no right to go back as he had done, and was liable to pay the commission agreed on. Their worships consulted for a few moments, and gave judgment for the plaintiff for £2 14s, with costs, witnesses' expenses, and counsel's fee. The court adjourned for 10 minutes after which the case of Condon v Belfit was again called on, and the defendant appeared. Condon repeated the evidence he had already given. George Smith, sergeant «f the Salvation Army, deposed to seeing Belfit having tfyejcaptain by the throat, and seeing tile latter fall into the water hole ; heard Belfit say he would make it warm ior the captain if he summoned him* j,:\ ■ ■■ > n>- .. a;. .; ; Cross-examined: Did not sea the take hold of Belfit. and would gwear he did not strike him. F.I Klink; deposed to seeing the scuffle, after which the captain fainted jn witness's arms ; did not see Belfit attack the captain. A. Hawse deposed to seeing Belfit put his fist in the captain's face, and hearing him say what he would do if he threatened him. Thomas Foster was examined, but his evidence was irrelevant. This closed the plaintiffs case. Bobert Belflt the defendant, .deposed to the captain laying hands on him, and he simply did the same to the captain ; he did not mean any harm ;

if he had not been engaged on the jury at Palmerston that day he could I bring half-a-dozen to prove that he ■ did not assault the complainant. j Fred Keen said he saw a crowd emerge from the door, when the captain laid his hands on Belfit. j Benjamin Love was called but did not appear. This closed the case, and after a short consultation the Bench were satisfied that an offence was committed for which there had been no provocation, and defendant was fined 40» with costs, witness's expenses and counsel's fee, one month to be allowed for payment. J. Lowe v M. Doherty.— Claim £23 for money had and received, and otherwise owing. Mr Staite for plaintiff, and Mr Sandilands for defendant. John Lowe, laborer of Feilding, deposed to giving Mr Sherwill £23 on behalf of Doherty, to buy a section of land ; the title was in Doherty's name ; the defendant was his son-in-law, he was sorry to say. Cross-examined : The land cost £40, and he paid £23 of it, and Doherty the balance of £17; was never good friends with him, and advanced the money to help his own daughter. Bridget Lowe, wife of plaintiff, corroborated. Michael Doherty the defendant said he did not know that plaintiff had paid £23 on the land, but witness was owner and occupier, as it was made a present of to him ; nothing was said about his having to return any money that had been paid for him by plaintiff. John Aitken deposed to having heard Lowe say he was going to made Doherty a present of the acre of land ; had not heard him say he had done so. Both council agreed to leave the case in the hands of his worship, who said he thought it was a family matter and it was a pity it was brought into the court at all. He could only give a nonsuit, and advise all the parties concerned to try and reconcile matters and live more amicably together. The Court then adjourned.