Folding R.M. Court

Feilding Star, Volume VIII, Issue 26, 12 August 1886, Page 2

Folding R.M. Court

Wednesday, 11th August, 1886. (Before. B. Ward, Esq., 8.M.) ClM^h CASES. Halcombe and Shsrwill r. Gammon Judgment which had been reserved at the last sitting of the R.M. Court at Pahnerston was given in favor of the plaintiffs with rate and counsel's fee £1 Is. F. B. Linton r. G. Fester.— Claim. £2 19s 84. Mr Sandilands for plain- • tiff, for whom judgment was gtrea with costs. J. Pollock r. T. Gordqn.r--Claim £s ; 8s 7d. Judgment for plaintiff witE coats. Charles Henrj t. Kooro Benao.— ' Claim £5 Is. This was a re-hearing; of a case heard some weeks ago. .'< Mr Staite and Mr Pirani appeared for the plaintiff, and Mr Sandilands = ! for defendant. . The only question in dispute was whether the saddle and bridle was ; given in part payment of a horse. Charles Henry deposed to the sale being completed and the goods dcliv- . ered, and nothing was said at all about the horse. . . W. Bellve and M. Belfit were both present when the saddle and bridle j was purchased, but heard nothing: i said about the horse | Alfred Smith, banker, deposed to I the horse being offered to him for sale* in May last. . „. For the defence . Kooro Benao deposed that Henry agreed to give £20 for the horse, and to give him the saddle and bridle m part payment, the balance of which was to . be paid after the Feilding Baces. ."...' Drury, who stated he was present when the bargain was struck, and interpreted between the parties, wa»; positive that the arrangement- waa made that Henry should bur the horse, and that the saddle and bridle, was given in part payment. . : This closed the case for the defence, and counsel having addressed the Bench, judgment was given for the .,. plaintiff with costs 365, and counsel* fee 21s. OBIMH7AI.. John Turner v. Henry Holland.-— This was a case where the defendant was charged with permitting a horse to be tethered on King street. Also. with rescuing the said hone. The accused pleaded . not guilty to both charges. Mr Sandilands appeared for the plaintiff and Mr Staite for defendant. It was decided te hear the oases separately. . - John Turner deposed to having v seized the horse in question, which ; was tethered on the road near Holland's house ; no one was in charge* of it. By Mr Staite: The horse was fastened to a fence by a ropo; the horse was not on the metal; witness had no spite against Holland; the rope was 20 feet long; witness was willing, to accept Is far driving fees, hfit Holland refused tv pay it ; Holland had, since offered payment. Sarah Strawbridge said she saw the herse on the road ; could not §ay if it : had a rope, on it; saw Turner take the herse ; Turner and Holland fcotb, reached the horse at the same time* This closed the plaintiff's cue. For the defence Mr Staite tailed . Henry Holland who said he was sT sawmiller residing at Feildiug; wae on the day in question taking the horse to a paddock, but having to go back to the house, threw the rope over the fence, and left it for s minutes; while he was away his daughter called to him that Turner was coining; he (witness) rushed out and reached the horse first; had no intention of teth- : ering the horse. Martha Holland, daughter ef last witness, saw the ranger c*mfru; t and called her father; he rushed out and took hold of the horse before Turner came up. ' This closing the case, His Worship preferred to hear the evidence in the rescuing ease before givinghis decision. 5 John Turner was then called and deposed that on the Ist of August he seized a grey horse belonging t* ; •'■ Henry Holland; he had just seized ' the rope when Holland came up, and taking the horse by the mane, slipped-' the ropejover the horse's heaß and "*': frightened it away; witness' thei* 7 ' rode after the horse and headed it - when Holland came up and offered c him a shilling im payment, but when *■- the horse was put in the paddock Hoi-" ' land refused to pay anything, -and told witness to "wait till the cows:', ceine : . home and whistle" ; would swear that Holland did not take hold of the horse before he Had possession of the rope ; Holland slipped the rope '* ' i '■"' over the horse's head; '. *■**■'' yi '-~ ''*-*•'• for the defeuc© Sarah Btrawbridg# - ' ; deposed to seeing Turner ride up : te' « the horse ; she could not »a j if Turi*r or Holland took" pWessien qt it first.— ' "Mrs Lydia Holland itated ikhAt she !r > - saw her husband take hold »i the horse befere Turner dismounted;/ Turner Sid not touch the roMaf all; she was close io, her hußband\ ' . : Martha and Blleo Holland : * similar evidence; .• ; - #* Henry Holland said he dia noV* 1 tether the horse; when he saw ttie'*~ ranger coming he ran out and took possession of the horse beforeTuruer ; he did not rescue it. Judgment was given for the plain- I tiff with costs in the first cask -The second, charge was dumlssed. • ';•: ' ; . • ..>•;; The' court then rese. > • • '■' — ■ ...... >».-^- _. ( i*\