Feilding R.M Court Wednesday, 9th June, 1886.

Feilding Star, Volume VII, Issue 155, 10 June 1886, Page 2

Feilding R.M Court Wednesday, 9th June, 1886.

(Before B. Ward, Esq., R.M.) His Worship gave judgment as follows in the case, Morphy v Turner. Ho said he had looked up authorities bearing on the question of the appointment of a permanent officer. He had Lalso carefully read all reports and odnoluded that an appointment for 12 i months was- not a permanent One: If < was therefore not necessary te adver- ; tise it. Judgment for defendant with | oasts. In the interpleader case, Henry ▼ Hoeta regarding the question rnwrved of costs,, and whether the Court had power to grant them. His Worship said he found that the Court had, and would therefore give judgment for costs £2 2s. Jfraser Bros, v Terry.— Claim £1 7s, No appearance. Case struck out. JUDGMENT SUMMONS. Keen v Ceok.— Claim £1 16s 6d on a judgment summons. No appear* ance. Case struck out. Henry v L. Gurney. — Claim i 2 Bi. Adjourned on the application of plain* tiff for 14 da vs. . Adsett r West— Claim £66 7s 7d. No appearance of defendant. Mr Sandilands for plaintiff. Verdict for £70 7s 7d including costs. Ordered to be paid in one week's time. In default two months imprisonment in Wanganui gaoL Liters t Bowley.— Claim £5 10s Bd. Mr Sandilands for plaintiff and Mr Staite for defendant. Defendant deposed: He had several sections of land and some houses (described) ; have stock. andViurniture in the house; remembered being spoken to about a distress warrant; asked for several days to pay it ; during that time had settled the property on his wife ; his property in Feilding is worth £900; the piano belongs to his daughter as a marriage- gift.;; th« stock is worth £20; the other furniture is worth £sa ; there are no others holding judgment against him. Cross-examined t Asked for time because he presumed he could sell the whole of his property, now in the hands of T. K. McDonald ' an«t ■ Co. ; it had been offered by public auction but no sale was effected* the property is mortgaged for £500 to Mr feard ; instructed Mr Staite *to prepare deed] of settlement three months ago * had no intention to cheat his orefaftorsj would pay as soon as possible; Mrs Bowley is the mainstay of tho bueiness; have four daughters dependant" upon him now ; since the date of the : judgment have not earned enducVJ money to keep his family. . '•/' Re-examined: Have not had Biffr fioient money to pay the claim duifag the four months ; did not know VxWljr ? how much money he spenfedn be** ; when he felt disposed he had a glass of beer, costing in all about 15s a week; can always get a» ranch beer, as he wants, for he is well respected. ' Mr tttaite addressed the Court twof his client* behalf. ..;-," •"■ Mr Sandilands asked the Court to. make an order for immediate payment. The Court thought an order should be made. Mr Bowley had spent as much money is liquor as would pay the claim. Order made thai thVmouej \ ; be paid within 14 days, or 14 daya imprisonment in Wanyaatu gaol Henry Kiileen was charged, on the> information of Harry Hughes, with stealing a cheque fox £5. H. L. Sherwill deposed : He was a member of the firm of Halcombe and Bherwill, and an auctioneer residing in Fwlding. remembered Saturday 22nd May ; had some conversation with Hughes on the 21st, who applied^ for an advance of £6 on the secnnty of a horse; sent a cheque for ibis in an envelope addresses! to Hughes at Wanganui ; the cheque was drawn o* the Bank «f Australasia, Feeding; cheque produced marked A; did not ; kaow anything waswronguntilHughes returned from WAnganoi; from what Hughes then said, wrote a letter - to the postmaster, Wanganui, asking : the letter to be returned ; went to the bank to stop payment el ike cheque, but found it had been cashed ; letter : from the postmaster, Wanganui, read.; did not see the. prisoner on the 21st instant. Edward M'Elwain, hotelkeeper, \ Wanganui, deposed: He saw the prisoner on May 25th, who asked hintto cash a cheque ; could hot do it as he had banked his money, but gave him £1 on acoount jpaid the balanceon the following Wednesday : made him endorse the oheque as it was not made out in his favor ; cheque' produced and identified. ' Harry Hughes deposed that he was ft settler residing near Awahuri; h« remembered Friday, 21st May, when ...... he made arrangements with Mr Sherwill to forward a~ cheque on Saturday to Wanganui for £5 ; went on Saturday^ in Wanganui, to the post office, with the prisoner; did not get the letter; got prisoner to write a telegram to Mr Sherwill to send the £5 at once; . ..' the prisoner put witness's dame to th* : telegram; got no reply to it ; call»d at the post office on Monday, but no letters were given out on,thatday*---only telegrams.— -it being a holiday^ •_ the prisoner was not with him on that 7 •' day > gave him no instructions to get the letter; he knew the cheque waft coming; left Wanganui on Tuesday 'morning; on arriving at Feilding n went to Mr Sherwill in the afternoon; who told witness the cheque had been . posted; asked Mr Sherwill to write lor the letter and have it sent back; prisoner had stopped at his place pre- ~ vious to going to Wanganui ; had not received a single ghilling of the money ; for the cheque. ' By the prisoner: Had not authorised him to go for letters ; did not go wi^h prisoner to the train ; saw tha prisoner there and gave him Is for a ;•. drink, ; .'. • ■ -.. ■ :^--..'.-.-r.'^\ ■,-..; : James Meehan, constable, stationed " "at Feilding, deposed: On the evening ■ of Monday, 7th inst., was in company "^ with Constable Manning and prisoner; , ;.'.' the prisoner said he went to the post' "V

office on the 25th" at, Wangaaui, and got * a letter addressed to Harry Hughes, with the.; intention of forwarding it to Hughes, 'or to Johuny, a Native at Kakariki'; he further atated he had a few drinks during the day, and forgot all 'about the letter; he opened it in the evening, took out the cheque, and v got it cashed ; Mr j McElwain, of the Empire _ Hotel, - cashed it, and prisoner wrote his name oil the back; it was his intention to 'goto Palinerston' and get the £5 to r jhiy hughes back; he had ne intention o£ stealing it, only he was drinking at the time. The court asked prisoner whether he would be tried by a jury or under the summary jurisdiction of the court. : • He pleaded guilty, and preferred • the latter; when he took the cheque he had no intention of defrauding Hughes ; when he received the letter hi intended to send it to Hughes, but h» forgot it; had more drinks and the cheque cashed; intended to ■ get the" money at Palmerston and repay it.^ * Constable Meehan said that when prisoner heard he was wanted he gave himself up to Constable Manr ning. ■•:■"■■■ The Court said the offetice was a very serious- one, but there were mitigating circumstances; and sentenced 'the prisoner to two months' imprisonment with hard labor in W&nganui gaol. Police v Honi Te Arahuri, who was charged with being drunk in a railway carriage on May 27th; he was also charged with breaking a glass, in the •aid carriage. Constable Meehan said he had heard the defendant was injured last night. A certificate was put in from Dr Johnston, showing that defendant had received very -serious injuries, to wit •'-?*' fracture in the skull and injury to the spine. ; -The- court said the case must be adjourned until next sitting. There would be no necessity for the Wauganui witnesses to attend again.

The couft then adjourned.

After the rising of the court, Emil Wilholm, son of a resident on Haokay's Line, was committed to the Asylum, Wellington, on the certificate of Drs Johnston and Monckton, that he was of unsound mind.