Feilding R.M. Court

Feilding Star, Volume VII, Issue 149, 27 May 1886, Page 2

Feilding R.M. Court

Wednesday, 26th May, 1886.

(Before B. mrd, Isq^mj Police v J. H. Aahworth— For using obscene language^ in a railway carriage on Ap>il N I4tfi? llr iSWite "■ appeared for defendant, who pleaded not guilty. " J ■;•'•-• Henry Carr, constable at Otaki, deposed: Defend*nl -got into ;&«*[ railway carriage at Palmerston ; he i cemplained of , oaiiig oa the head with a bottle ; the language he used was both profane atid f 6^Beii* (language written down*); a lady got out when iie cooraißiicedt to use the language; he had evidently had a row $$jh §omo one in Palmtratou. Croas-examineii; Defeudan* w«s mpifober; he iw^muoh excited. Mj the..«qo^: J& was quHe intelligent, because lie ttopped when the guard came into fetf carriage, and commenced again mhen the guard went out. lit Staite fox the defence called Joan -€ao^ r ltkboter, %enui roadj who deposed: "Wm in company of deiftndaut on April 14th ; housed bad defendant knew what he was abop^; ama^jhitbim wi^ a Ijot^le coming put of CarrolPs hotel; h» waij riglt enough before that. * "' a Sentenced & seven J &y» l imprison- ' went in Wanganui gaol with har.d Selfii v Belfit. No appaanuice. Case struck out. DEBT CAMS. I Frajer Bros, vH. Terry.— Claim £1 7s 3d. Caw adjourned, Ff*wr Bros, y Wiriana Hania.-* Claittr £2 7s l(kL ' Jddgement for plainttff arid* 1 costal, witfi 2s lOd leas dhSrgSd fefcjnterest. , , ,Jm»WcENX-siadiosg. M Chktopher Brpjßn m ■<■%» Gordon,— Clftim M 7* lOd. Amount to be paid fozthwiUior defendant to be imprisoned; ti(u>2 dagrs in yr&nganm «aol. Gboodbehere v Statte.— Claim £3. €brcU)iad^ %<» pai4 ia M 4»y», pr 7 dap in Wanganui gaol. ;.; f» A. Belk t Jas. Sykes.— GUaim £\< ta. * ■"'. "" """;" '"["" . "' " " ." " ..'" ' 'PSin^p deposed: He put a shaft into a. waggon belonjgpm| te Sjkes ; wlien tike waggfon wa» taken away Sykes said plaintifL woiiM hav* to look to WebS ; decfineil to do this. J. Sykes deposed ; 5e remembered Belk repairing a waggon which he paired took his nones down ncnie to\®Bjk's -0 4|j& M^oest of Wabb;4Hd Bejkfc Webb wouid pay fii mbb deposed : He had hired a iraggon from Sykes; got Belk to repair i^V Belk arrafcge'd to .f^ke it oat in timber ; supplied him with 23t Ttfbrth'of timber. 1 Judgement for defendant with costs. POtrjfDAOE CASK. Morphy v Turner. Mr Sfcaite with Mr Hawkins appeared £or pi liatiff, and Wx Sandilandu for defendant. Me Stait© opened tUe case. He said the general body of the ratepayers were against the legality of his appointment. The Impounding Book was put in evidence. ■ R Morphy deposed : He was suing : to recover. Is fat unpoundlag feesreu 3 cowb, one o? #hich belonged to plaintiff ; plaintiff owed him some money, ttttfl the <\i k» «a» allowed in iaccount. Crosa^xamiued : Hr SandOandß asked if tfi* caie was at his own will. Sfr Morphy was interested in the mattw; th»debt^wow«iebyT«mer t « eon; Turner owM him no money; as a matter of iact got the cattle without paying for them; offered a pound note ; Turner acknowledged his «on'« debt in the preKSwioe &ii&&JHmf« Turner took the cows fttfrid 'tiltim? street to the nouns; the cattle were not iit Ab pound wnen the driving fee was charged. G. C. Hill, Town dark, deposed: (He produced the minutes of the Borough Council, appointing Tuner as Peiindkeeper, dated September m Art appointment v»nota4v,ertued for ; • (oy ?^nri is'ftnjf 7$ ireire ( read by Mr Staite) ; day* o^fiar notice had not been giren immediately before Turuor was appointed ; tmt or three months previoua it had been advertised for ; Turner m* first appointed at a salary, and afferwaris permanently ; have not the advertisement calling for applicants ; have not the agreement; hare the minute of the Council appointing him ; (minute read appointing a committee to select a poundkeeper and ranger); Turner was appointed; (terms of arrangement with Turner were read). Cross-examined: The Council idvMtiaed for tenders before the 1 appointment was made; no salary was mentioned then ;. Tomer's appointment was notified by advertisement; Tumor has acted Jeter eince.

By the Court: Tke «d««ftisement and TtirnerV appointment wave- in no way connected ; Turner wis appointed foroneyesr.

Mr Sandilands applied for jt nonsuit, on &e, grounds that Turner is paid no salary, but on the contrary pays £4 per year for the oae-of t£t» pound. . . , Mr Haw tins submitted there was no force in the argumvoits of ifer Sandilands. He contended that the failure to advertis* vmk fata?. The Court said the qaestion .was whether Turner was auth&r&ta iio impound cattle. . Judgment reserj^ed Hoeta v 0. Henry.— lnterpleader summons. ' :

Mr Staite, with Mr Pirani, appeared for defendant, and M? BandUand^for the claimant, who stated that the oate arose out of the seizure' of a horse named Patent Safety, by Henry, «n a judgement summons against Hughes, the nominal husband of Hoeta.

Mitapere Hoeta deposed : She lived with Harry Hughes at Awahuri; he is her husband (by the Court — acting husband), owns land; sold some of it in June to Alex McDonald ; did not

get this money in her hands ; her | husband got it; Eeceipt for Totara, Patent Safely, and %pringi* "^ap and harness, 4»ted September 14, 1885, i produced ind signed \>f* H. Hughes, and indentified by witness ; when j|.ughes agreed to haiftl over the NSorses he Bigned it; thiajirtß&!&t£l7o' } he agreed to hand over the horses to witness if she assisted him-to meet his bills; she said he mustSrrite the agreeraenis *a*fcer^^^ tiie money the agreement was written out; told Alex to g^ve the Weifey: J» Hughes ; he gave the horses te her ;

Gro^eia^oißd y by" c ; Jft"; S&sg*. said— "The horses areyowra> gijro me the money;" have agreed that Hughes should mortgage' the horse in his name, because witness was unwell ; the^ money tat s|wnt in paying their debts in different places ; knev .that Hugb^ had hoiiow^sd a o considerable sum of money rrbm Mr " Abrahams, of Stevens and -Oorton ; that it is the mortgage* On Patent Safety; the horses are on her 'land ■and in h^r> stables ; witness afftf&rr husbaad live on the land ; -jrhen the money was given to Hughes she held the horsed; Hif^hes rlo»d t»¥TMwfea an his name; the membe>of heir family only ktaew of «Se-tp«ns*iri^ **^ Alex McDonald, settle^ AlwftiK, ■Mah< called but Ma evJße**£w«itt6l

-. Hoeta Kabuhui, Kviftg wV&waliuri, deposed : Ho«tft*^iii(*^*»g4tt«Hws|ig with gngha* ; kftfrw th^hmaeiToljsJa; Patent Safety attd Spring ; they belong to "those' two*'; ttUUggllpii the document produced, sfttrtf fe£ll*u W spectacles hs *o*M{mdit]*%is n&me was at the foot ; theltu^jM^yiu to; be given to Hoeta~ae payment for the tneaey lent to Hngbes ; ti#j*»iß|o • '•o-ffeeaj-- t ,• - f i~| "on»e-*xainiiied by Mr Peowm^ ' Bawtflie: faaiaoa haifded ore*. * f M '\!l Bs»iiy Bqghe» deposed :• ifoclfortL witfcnlfciotar/* an& knew vie, , aj^Gsjtji inae«tiww4| <Mf once hrion^od IS W^fl^Wongj* fr££ffiL hftraos were bnor raced m UK»«un« of . OMMtoa and Campion. ' Cro«-exaiifmed by Mr S^a^e : H*a recently borrowed money on the horsej (heie the Ctotort warned m%h«fil*»to , wiswer'tHo question as 4t uujgut cmninatehim);f'Hii^e»pr^ew** not to answer ; bad %e<fei V%d prrffrts i flie horse h£d made ; did not sweat in court last p&rty . -■ - "■ ' a '" J ' i : ' ;<J * * ' ' y '/ a ;|R^* •■• * ' , se-eiairiinedtiyi^lßsri*ifa^4: Paid laway the money in payment Of debts. ; Mr Perani addrttMft&l $he court, and ppinted «ot that *©i4 £470 d)d not show to whom the racfcey had l>e«tf paid. H& also c«iteftdfea it was given - antecedent •• neftfee*' r was it prdgttvfy stomped, if shottld 'also have bj&en registered ' niader -the Chattels aaoorftgr Acfer i OBjeetwra* •:• «Iso lay Wider Statute 13 Elizabeth, re defraud'ing +mdto&#l*.X U :\, 3.:.* : ° : 3T' 1 ! Hugh Cameron deposed r Ifeifcnew . the horse Patent g»*«ty- and- H. Hughes^ ttje^hofße> / b^toftged Hugbttt ; had t'Oiifc wilh tfe the propeifty ©frflng^re^ ojr eniJßTing it fepr several races ; did nor know, the. horse belonged to BMft ; uttfr a^weH ; Oroe*-exatnined i Never K*ard I *rVft& tff Hughe* or CSmh^o* tftat tit* hor^^ belonged to » Hoeta ; o^f beaard' aftdr the hone was seized j z had hoa*fl^ ? that" the horse Totara belonged 16- jKoißtili , ; Constable Meeteh deposed ; He Was v in court this day moiifh— within : t&re<r monthsT-JJißiy Hughes deposed dfe . futrse belonged to hitn. ' ■;■»*■*->'-, ' Oroas^xa*line<f : Notwi tfee^fefcark 1 >eeatuse he thought-there wodld be a ; dittoißir warrant; had »o* r^i«i«a^ before the ht*ae belonged to- Hugheft^ j*S»^ •^r-..^:--p ;± r" -■^ ; : / ..- Mr Abrahams, of the firm of Steve^ y tod (Joi^n deposefri ffi*w fi. Hughes; he had Krtery '*orrowed kouey from the firn»;^ft tJH hone, pocument produced. . > •. : : /,- Mr having *epKed, The Court said thai* waa ■♦ reason to doUBt tw m&m -mmm* * Hughes. The donmnnnt Jjaaefewriay j&eliorses was ghren aoto^ time- .lifter ■>■ f cartel amwnnt eaoreey about "!» traaaa6tion. A dbed ahojald har***-' Iwqr^d; %» f ropMrty t yad iN h^iil4Jwwe- ■. |been properly nandei over by^Enjyhsd^ ' f Qja, l^>nrjk > oaald Aot Mpw Mr Sa^aV, Aandi in *!»»* easav, Tha^nxooertv' kacr " Ca<n«ron Olakn^iSfrfia^ 3d. ifrl^Sw fcr pW»ti« a*d Mr f«r defendant. w .ff Wu^'i- ; Certain items w^re adow^ed by Mr iEsam, and Mr Pi^a a4mi^e4 part of for £1. .. _ : : . ■ Hugh Cameron Reposed : [For soaae iyearapast t^^i^d^Jb/Mn numecoua dealing* between himself and defend- \ ant ; he deposed a» to tWite^as-^l the ctoi-.. : ..• .. ; „. -v/^-.-y £. Jackman depeeed : waa $ centraotor- on th» Awahuri road; httd been doing a contract for metalling; Hugheji' teiim was working about a month] we B^ual hire fora horsili was from 10a to 12a or Hs a week, aoobtding to the work ; a £30 horse sfcottM be worth 15s a week j C^raeron's n^se^ was wori^i 12s 6d a week to Hngnee. Kte defence w^ then opened .>T Mr Esam detailed the partioularfto! the>leVof{. ' '•■* ■-:.-■ :^'X-:;\ Harry Hughes deposed : He waa the defendant in ! this action. He gave evidence as, to oertain transaotipna. . Hugh' Cameron was re-examined. Mr Qfiggerty deposed: He was workingf «* H". Cameron; saw Hughes rery often at^Cameron's place : heard a conversation between them ; H^ughes was for the loan of money;; it was refuted, and since that txmeh^ visits fell off. ' . -V^ Mr Esam addressed the court. " Mr Prior having replied, The Court arrived at the follpw|nj^ decision. The whole of Hughes set o£F, except for. £1, was disalloWed. Judgment for £16 10s with costs. H. Clarke v E. McDermott.— ola(ni £9 18. Mr Bandilandß for plaintiff W and Mr Staite f or defendant. ; ■kU (This case has been already reported :

a nonsuit having been entered last court day.) Mr Staite took an objection on the ground of the action having arisen out of a contract. The objection was not entertained. Mr Sandilands haying stated the case called H. Clark who narrated the cir<jumatances of the hiring of the wagon by defendant, and its damaged condition when it was returned. Mrs Clarke deposed : She was the mother of the previous witness ; was present when the wagon was hired by her husband to defendant for 6s a week; it was in good order when McDermott took it away; saw him examine it ; saw the wagon brought back; the wheels were broken and ike shaft tied, with a strap ; heard her Jxuaband say it would carry timber. George Clarke, juuior, gave similar «tidence to the previous witnesses. Gross-examined : Knew the waggon had been lying exposed to the weather lor two or three weeks; it wasn't ahakey when it left, but it was shakey when it came back; heard it went over * cliff. J. L. Bees, coachbuilder, deposed : !$• knew Clark; examined a wagon iar him (described its condition); it would take £3 5s to put it in working j order ; it is an old wag*n ; not very j rotten ; if the wheel, pole, and shaft j were mended it would carry timber ; the hot weather would make the tires shrink ; it is an oldish wagon which hft+ done a good deal of work ; the damage was done by an overload being put on it, by bad usage, or by driving on a bad road. For the defence Mr Staite said his client had paid into court all the money necessary. He called £. McDermott who deposed: He faired the wagon for 6s per week, with * right to purchase for £16; kept it a week and half a day ; did not keep it because it was not strong enough for his work ; it gave way with its first load of 1880 feet of dry totara ; met Mr Jensen, wheelwright, and called hit attention to the wagon; l«ft word with his brother to bring it home; had paid one week's hire to llr Clark, senior, whom he told the wage* was faulty ; had paid into •court 15s for the shaft and 12s costs. Mr Saadilands addressed the Bench <oa the jMerits of the case. The KM. said there was no doubt (the dray had bean exposed to the weather, hvtt After the first accident McDermott should have returned it. Judgement for £4 less amount paid anto court, with coats. John Bishop v C. Matthews. — Claim 43 26 6d. Mr Prior {•rgalaintiff , and Mr Staite tfor defendant. A feet <M «£ 1 88 was pleaded, and «w:tain items <ffi«puted. Mr Pjier stated the particulars •of the clttiui. Jo hn Bi&ls up deposed : Ho had let •certain yrerawas to defendant at 7 s Cd jper week.; haA gone over the house with defeadarul, aud told him he (Uiahoji) ftwuld repair two broken ww&uma ('the* crocked), but he would «kjkk& ftiiiu to make all other damages jg<H*& <eu £tviug up possession ; had received a written notice that Matthews ae logger required the premises ; maw there were two broken window* ; «p#ke to dafttudaut about them, who objected to put them in repair, saying jplaiatiif was two sharp ; defendant offered the key to plaintiff's girl, but *he refused to take it.

C. Matthews deposed : Ha had rented a house from Mr Bishop; had not agreed to put the house in repair whea he left it ; had refused to pay for the broken windows ; one window was broken during his tenancy. Verdict for plaintiff for 10a and costs.

Xhe Court then adjourned.