Feilding B.M. Court

Feilding Star, Volume VII, Issue 122, 25 March 1886, Page 2

Feilding B.M. Court

Wednesday, 24th Maeoh, 1886. (Before B. Ward, Esq., 8.M,) E. J. Cottrell v E. Gange.— Claim £1 4s 7d. Judgment for plaintiff and costs. Same v John Taylor. — Claim £4 11 6 d. Judgment for plaintiff and costs.

Same v Archibald Crichton.— Claim £5 16s 7d. Defendant admitted the claim and offered to pay £2 a month. The Court ordered £3 to be paid in three days, £2 in a month, and the balance in the month following. C. Henry v H. Marshall. — Chum £1 14s. Mr Staite who appeared for plaintiff said the amount had been paid by cheque for amount sued for only. Judgment was given for the coats, 16s. £. J. Cottrell v G. Smith.— Claim £2. Mr Staite appeared for the plaintiff* Defendant churned a set-off of 35s for harness sold to plaintiff ; 5s was paid into court; he was cross-exam-ined at length on the value of the harness; delivery had been taken from Pringle's, a neighbor; had received notice that plaintiff refused to accept the harness. E. J. Cottrell deposed as to his having aspreed to accept the harness if it was worth anything at all; it was left at Pringle's and when witness emptied it out of the bag the leather was easily broken, it was so bad ; at once repudiated the sale and sent the harness back to Pringle's; saw defendant in town, and when he told him he said, "if you have made a bad bargain you must stick to it." As Mr Cottrell bought a pig in a poke, judgment was given for the defendant.

N. & H. Christensen v J. Nicols. — Claim £20. Mr Staite for plaintiffs, and Mr Sandilands for defendant. This was a chum for damages for an assault committed on a boy, the son of plaintiff, in the employ of defendant.

His Worship was doubtful whether he had power to hear the case, as he did not think the B.M. Court had jurisdiction. After argument it was decided to take evidence of the facts of the case.

N. Christensen deposed: He had been in the employ of defendant for eight months ; remember the 15th «f March ; Mr Nicols hit witness ; next day he told witness he had had it in for him for three months; witness described the circumstances preceding the assault; he had been to get the cows in; went to get the buckets; asked if the cows were in the yard; Nicols caught hold of witness and tried to push him inside the house; pushed out again and was thrown on the gravel ; he called out for his whip ; his wife told him to leave witness alone; he then started punching ; the whip was brought out by the mistress; witness held the whip so defendant started punching again ; he then got a switch but as he could not make witness cry he stamped on his face with his foot and made his nose bleed ; asked him if he was trying to kill witness ; ran out of the gate to go home; he called witnes* back and said he would not touch him ; gave witness the black eye now visible; ithad been much worse; Nicols had been to town and had some drink in him but he knew what he was doing ; ran to Mr Pinsent's house and stayed there for the night; was singing out all night with the pain. Cross-examined: Mr Nicols hurt witness very much; he told witness to look after the cattle and cut supplejacks, also to light fires, but had not time ; three cows were left for witness to milk; milked them; when Mr Nicols came home witness was lying in the yard ; was sent for some buckets but did go at once ; knew Mr Pask's place ; did not go there before he got the cows in; witness' father gave Mr Nicols power to beat him when necessary; was on the gravel when he tried to hit witness with the whip witness held to prevent him ; he trod on his chest with his boot ; the mark was there yet ; was on his back with defendant kneeling on him; thought he was going to be killed; met Pask and told him Nicols had kicked him ; asked him for some tvbaeco to have a smoke; defendant generally had to tell witness several times before ft thing was done. Re-examined: Mr Nicols had always been kind to him; he was supposed to clothe him. Witness was ordered to stop down, and his clothes were examined and approved by the court. Alfred Pinsent deposed : He was a laborer residing on the Makino road ; remembered young Christensen coming to his house between eight and nine o'clock at night; his face was covered with caked blood, smothered with dust, a black eye, and a kick on the chin ; he looked as if he had been badly used; took him in to take care, of him; during the night he sang out in his sleep two or three times, '\Niqoh, don^ kill me;" in the morning went with the father of the boy to see Mr Nicols ; the father tasked the cause of the ill-treatment; Mr Nicols said he had it in for him for three months, but ha was sorry f er it ; he Admitted he had his knees on the boy's chestGross - examined : His house is about a mile or a mile and a half away ; when the boy came he said he felt ill ; he had a smoke ; have smoked with a broken jaw ; was very fond of a smoke ; saw caked blood proceeding from a kick ; would not say whether a person could be kicked on the nose without breaking the skin ; there was a lump on the boy's head as big as a damson or a good sized marble ; his head was not out ; could kick the examing counsel (Mr Sandilands) on the head and not make it bleed if he liked; sent the boy home after he had his breakfast, on horseback ; did not know much about the boy. Hans Ghristensen deposed : He was the father of the boy; remembered

him coming home on Mr Finsenfs horse ; saw him, but did not know him ; he had a man's hat on ; he looked disgusting; he had a bhwsk eye, his chest bruised, and a lump on -^ his head; altogether, his appearance was against him ; . had entrusted tile boy to Mr Nicols, and instructed him to punish the boy in moderation! if he needed it; but gave no authority to iU use him; went with Mr Pinsent to see Nicols about the boy | Niools said he had lost his temper, but was sorry for what he had done; NfcoJi admitted having hit the boy in the face when kneeling on him ; he men? boned that the boy had neglected his work; the boy was badly used, bothin clothing and everything, c $.. Cross-examined : Had been to sat

the boy; had tried to get him into the Industrial School ; the boy had a fault; his principles axenotyuy good; he takes things which do not belong to him; the hoy is not truthihfl: Nicols did not admit he hadstiuek the boy with his clenched fist ; but he couldn t have given the black eye wjith the open hand; the boy had 1 bee* with Mr Cottrell and was discharged about a pipe ; Nicols had complained that the boy told lies; the bruis* on the boy's chest was visible this mom? ing; Niools had offered to settle it with witness ; had no doctor as he did not think it necessary. _ Mr Sandilands stated the ease for the defence. / . - John Nicol deposed: He was a farmer rending at Makino ; plaintiff's son had been in his employ ; he was* engaged for a year; took the boj to try him ; he was good for a fortnight; was to keep him for twelve months to do as he liked with him; there was no written agreement; the boy had been there for some time; had feat him early in the morning to a nejgbor, and he loitered; obeyed his com* mands for a few months ; could not believe him ; in the morning of the assault milked all the cows but three,, which he left for the boy ; missed the boy and saw him behind a stump i told him to cut some supple jacks aid get the cows in; got home about: T r but the cows were not 1 in ; teld him to come in, but he refused, as he said witness was going to beat him \ aftara time canght the boy and boxed has ears; asked his. wife to hand him it whip ; got it and the boy laid hold of it and fell on the ground; thebov?* nose began to bleed and he let him go; neither struck him nor kicked him; the gravel rash on his chest was given when struggling for the whip ; only meant to correct him ; did not punch him on the ground . the black eye must have been got when the boy was lying on his stomach. . . : . •• Cross-examined : - Bid not say he had it in for the boy for three months; the boy had given him? cheek by mustering; was not excited or undertime influence of drink, through having been in town; never threatened to kill the boy; did not admit he had lesi his temper ; did not use the, riding whip ; had his knee on the boy's chest ; neverclosed his fist; accounted for thewounds by the stones on the gift Mind. E. J. CottreU deposed: He iris a storekeeper ' in Feilding ;: kne^^J.^ parties on the suit ; the boy had l oe^t. in his employ for a shor^timik; he stole things from the shop, and told lies ; thought it was a shame- to'aend the boy to prison, so look no actiofc}saw Nicols* and recommended &• boy to him ; an arrangement ; : mi made to employ the boy for twelve months: the boy was. present; Mr. Nicols told the boy if he behaved h« ■■ would be treated well, but if not he would be horsewhipped; the boy was very untruthful. '• * ; Ernest Pask deposed ; He was « laborer at Makino ; met young Christensen outside Nicols'; he told witness Nicols had been knocking him about; struck a match and saw a little blood,: on his face; he made no complaint' but asked for some tobacco which h*> out up and put in his pipe and had a smoke; had worked lor Niools, fHsd <: found him a kind master in every v

Gross-examined? Only saw the boy . when he struck the match; there was ' only a little blood on him ; it was too dark to see much ; he said Nioolshad been knocking him about. - I F. Berry, blacksmith, Malrino, de- • posed: He knew Christensen, and wm ; sorry to say he did; he lived with/: him once; you can't believe a wordhe .." says ; he is very cheeky ; if youstruck him with anything to correct him, he ■> would pick up anything he. could get- ■ -5. and hit you back with it. *' . . ' *

Cross-examined: If the boy swot* T he had a black eye he would believe it; he is related to Ghristensen ; arir ! the bey take up an axe to a friend when skylarking; nerer did hit the ;t boy, but the boy had thrown stones at ' him. „ .,; Mr Sandilands addressed the court for the defence. Mr Staite having replied, , ..? Mr Ward said if Mr Staite accepted i a nonsuit a criminal informationeould r be laid. Mr Staite preferred to allow the B.M. to find a verdict on the facts, -:;: :

The B.M. said as a matter of law this court had no iurisdiction. As ft jury he thought an assault had beea committed. Damages 20s. TheplauDtiff was therefore nonsuited, as the; Court had no jurisdiction, but on th« facts hej found the plaintiffs were entitled to damages for 20s. No allowance was made for costs.

S. Welsh t Bailey Bros.— Claim £26 10s Id. Mr Staite for plaintiff , and Mr Prior for the defendants.

This was an action for balanct of an

account for cutting logs. ; Steven Welsh deposed?: He was* bush contractor, formerhy fa : psjtnerw ship with-jfhomas Thompson^* certain document was produced ,«q4 <&• signature of Witness, Terified; .had * contract with BaHer Bros, for ;th« supply of timber and rto bufld al»pnway; witness and Thompson ten wred for certain work; Aeir tender > was accepted, and in terms' of tender jtupplied Bailey Bros, with timber and by building a tramway ; this went - Oft until Thompson said he was filing to

leave i him, and asked what he was to receive; gave him' £lo; went to Bailey Bros, and asked if they knew Thompson was leaving; they replied thattheydidnot; carried onthecontract T by himself; supplied the logs ever since and been regularly paid by Bailey Bros:. at the rate Is 3£d per 100 feet, up xto. the end of January ; during the foottths of February and March have supplied 84,316 feet, on the : same previous conditions ; claimed 'fOr that £54 9s Id; have scut in a claim for that amount, but they disputedT about a portion of tramways hate given credit for £27 19s, and now sue. for" the balance ; have been paid for the tram s.ome months ago. Mr. Prior here stated what the defence, would be, viz., that Thompson ■f&ould. have been a party to the action, and on that ground would ask for a iLophxnfi'. with" costs. He did not deny .cejtain'inoney was due on, the Jjokte&jfc* r AjJ£ther point: was that the trUfeway iad; never been taken over, and was fauiltin such a defective state thiat plaintiff was not entitled to payment in. full for the tram, 20 and £ Chains of which were in a disgraceful

state. „ Mr 'Staite having replied, and Mr Prior rejoined, the Court was adjbumfeiforJunch.. On resuming, Mr Ward, 8.M., said he. had thought over the two points of nonsuit, and had decided as follows : The timber was supplied on an accepted tender. He thought both. parties, Welsh and Thompson, should be joined in the action. He therefore granted a nonsuit. M.Keenv K. Bowler.— Claim £1 .128 6d. ' Judgment for defendant, who had paid £1 into court. H. Holmes y E. Bowler.-r-Claim £15 Is 6d. Mr : Sandilands for plaintiff, and Mr Staite for defendant. This was a claim for balance of account for bricks supplied. Plaintiff deposed : He had worked for IL Bowler and had a contract with defendant to make bricks at- £1 per thousand; made 43,000; had received £18 6s <?n account and £2 14s from Mr Sanditandjs; applied to Bowler for money on Christmas eve but did not get any ; after skintling the bricks he had nothing' more to do with them. Joseph Smith, bricklayer and brickmj&ker, had been at it all nis life; witness described the mode of brickmaking 4hd the customs in- - the trade ; 6d per IWMJ was a Ibigh price for skjntling; hia 'employed Holmes as a bnckmaker *nd' found him very good; 10,000 could be skintled in half a day. IL Bowler,; the defendant* deposed: He cbumed-aset-pff of 5 days at 10s per day for loss of time while plaintiff was away.; plaintiff failed to skintle all the bncjra ; lie ought to have" looked . after the bricks till they ; were in the kiln ; he also claimed for a' loss of 2000 bricks ; bad to- employ another: man in his place ; have. ; t»een.injure4!£li »" by his failing to cpjTjr^ou^his.copt^wjt to make, bricks all the summer.. : /-.. . Croß8 r examined ;. A man is supposed to'bej^d'.wJien he finishes his work ; did: riot" pay ; him' when he applied at Chnstfrias ; neVer. made, any demand on Holmes '.for' '{nicks being" spoiled ; had admitted: thd^ clajin Was all right ; only Wtttjted time;topay;it in. : . deppsed :■ A He. was an. e^p^^ceAbrieklayjer,Uying*t thejunctloj^foid^llalcQiribe.; Mr Bowler sent forp^hiin* to%oSie_d.^n ; ana' make bricks ;. went dd'irn a'nft saw" a quantity of briqksr,ab6ut' WyOOO, nbtj'-'s^fntloiv they were quite f^een;'thejhan who makes the bricks'shouldseeftbßbl into fchekiln ; 300 bricks were lost through /having their heads" . Mr Staife; addiessed the court?'. ■—, *•■.,•.., .M? jpan4iland»j replied. '--.-.-. The' fofiowing was the decision of the court :-^-A Meftucfioh must be- made for ftuTure't6 ; skintle, 10s; £2 ■ for'lookinjr after them,- and -.los for the r -bricks destroyed; total/ £3. ' Judgment for plaintiff for £12 Is 6d and costs, counsel's' fee 21s ; each. side. to pay their own witnesses.- - J...A. Heaton y. Thos. Heaton.— Qlaim £7. .Mr Sf^te for the plaintiff. . ■•?, Thii? was a' claim for rent of a bakery. - Plaintiff 3figK>s6d that in October last he had leased' to defendant a bakery at Aahurst, which plaintiff held from the E. and 0- A-id Corporation at 10s per week ; had handed over the -key of the premises to defendant, who: was to register a lease with the Corporation ; defendant had not done so ; the E and C. Aid Corporation held witness liable to pay £7 rent; Nelson had refused' to pay this rent. James BeattieV 'accountant for the E. and C. Aid Cotporation, deposed: Knew the premises in- question ; Mr Heaton had paid a certain amount for rent; had seen Nelson about the lease and he said he was ngt. *n<;bjie4 to .go on with it; did not know the grounds of Mr Nelson's refusal to go on; looked -to JjCr Heaton for the rent; had let the place to , another man, about the middle of February; Heaton" was tenant between October' Ist and February. Cross-examined :■ The rent was not yet

pavJ. '■: " Nelson 4eposed: He had not received the key of the. bakery ; did not take possession ; Sanders took possession and was to bake for himself , witness to find the flour, advanced a cheque of £10 fof v Sanderls, anil' told him to arrange about the lease for himself; he carried on- business for a month. Crosgi-examined : fie stood for Sanders to jpay the money. The solicitors; having addressed the court, for and against, The court decided that Mr Nelson was W occupation for 4 weeks. Judgment for J>2*tod costs. This Was all the business.