Feilding R.M. Court

Feilding Star, Volume VIII, Issue 122, 21 April 1887, Page 2

Feilding R.M. Court

Tetcjesday, Apeil 21st, 1886. (Before H. W. Nofthcroft, Esq., B.ftT.) CRIMINAL CASES. Constable y. J. J.. .Peterson,- for breach of Public Works Act", "1882, by driving across the railway line at JSalcombe on 21st March. In this case the train had run into a. trap and damaged some of the occupants. ' F, Gibbons, engine driver, deposed as to the collision; .he left Halcombe at 7 p.m. ; whistled at the crossing- at the usual time ; the persons in the trap could ' ;have seen- the. engine if they had liked. Fined 40s and costs 28s 9&. Or. Cryshton v. P. Train.— Claim £b& 13s. This case was heard last court-day. I His Worship gave judgment for plaintiff for £44 19s 6d with costs. ; » F. S. Ellerem y. Joseph Bray (of Mfc£ Hno).— -Claim ci 10s.. Mr Prior said 55 would ask the -Court to enter up a nonsuit, while Mr Staite applied for costs of court and witnesseVexpensels. The Court allowed 325. Manchester Road Board y. IX Trem-r ewan. —Claim £5 2s 10d;. Charles Bray, collector for the Board, stated particulars of the claim. . - ; - - ' " D. Tremewan, cross-exmined by Mr : Sandilands : had called upon him stating he had ceased to occupy tho land. • The E.M. said when a man comes and teUs him he has ceased to be an ocjpupier, he should sue the owner. It would beunfair to make defendant pay after he* had ceased to be the occupier. Mr Bray said that a resolution had been massed to the effect that no alterations should be made in the ratebook without the written consent of both par- • parties. — - Nonsuited with costs, 21s-. Property Tax Commissioner v. FY Flavall.- T -Claim £3 8s Bd. r Defendant was 'about to defend his case, when the B.M. informed him he. ; should have filed his defence eight days before the hearing of the case- The E.M. ; had therefore no alternative but tf> give judgment. : Verdjct/accordingly with costs l^s- : Same v> S. Rowley .^Claim £l 3s 3d. No' appearance of defendant. * ■ — ■ '; Judgment accordingly i -- . ■. - Same v. W. Whisker.— Claim os. T)ei fendant pleaded his bankruptcy. , ' Judgment for plaintiff, with costs 6s. Borough Council v. T. P. James. — Claim £1 los 4d. Case ddjouraiid; '. Kirton and Curtis y. W. B. Hawkins. Judgment for plaintiffs for £3 2s, and costs 7s, . ■..., •.. L . J. and C.-Bull V; Corkery and Neil. — Claim £12 os. (The evidence of William Neil, one of the defendants, had beea taken at Mastertbn under the R.M. Act, 1870. It pleaded 'the statute of limitations). ■Mr Prior for plaintiffs. Charles Bull deposed . At the time the debt was . contracted he kept a store in Bulls: defendants were partners; had. received payments on account from'Oorkery m February 1884 , had not received notice of • dissolution of patnership; this. was the first time they had. any dispute ; had applied for payment by letter. . Verdict for plaintiffs with coats 42si W. Whisker, junr., v. F. JRoe.— Claim - £2 3s 6d, .Mr Staite for plaintiff, and Mr Sandilands for the defence. • The B.M. made some severe comments on the manner in which plaintiffs (father '. and son) had given their evidence in previous cases. A nonsuit was entered into with costs. . -. . „■ ■ J. Wilson v. C. Homy. —Claim £7. ATr Hankius for plaintiff, and Mr Prior* t for defendant. This was a claim for training a horse. , Jeremiah Wilson deposed: -He- was" a groom, and trained horses occasionally j knew a horse named Mermaid ; trained it for -.Henry ; uo specified charge wast arranged ; trained her for 14 weeks, and: iharged 10s per week ; did the whole of the groomiog ; took the mare to the Wanganui and Palmerston meetings ; • did not remember a conservation with Mr • Sandilands about the mare or her merits;, did not tell Mr Sandilanda he was train- : ing the horse for nothing ; the mare won. [ a race at Palmerston ; made no, claim for the usual 15 per. cent, share of the'wiu- , nings; Henry had promised to' pay when he got the money' in from his customers j he had offered to sell him a horse in part partment; Henry instructed him to take L the mare to Aramoho. •■""■■ . ; Cross-examined: Was a weekly seiv ; vantatthe Denbigh sfables; when ab- . sent once Henry found a man to take his place; had trained horses in (Turakzna; had been .brought up among horses since he was a boy;- Henry paid Mr Light for the feed when the., horse was in the stables , Henry asked him to take the. the mare and train it-; nothing was said about payment' had often seen Mr .Sandilands when training on the Feildingcourse; did not remember him using the Word" training" ; never said to Mr Saudilands, " Oh, I charge Henry nothing for the training" ; was determined to let Henry off light as he .(Henry) had had no luck witH theinar* • Nichol's boy and other boys gave the mare the fast gallops^ had nothing- to do with .paying the boy. : -.--■■■ Frank' Palmer, of Palmerston, a trainer of racehorses, deposed: Thought a fair sum for traimng and superintending a racehourse would be 16s a week under the conditions mentioned by plaintiff. For the defence, C. Henry deposed : He was at one time the owner of Mermaid ; had the horse at livery at the Denbigh ; when Jones and Duncan gave up ' the stables, the plaintiff was given the. ! stables at the recommendation of def endj ant ; spoke to Wilson about traimng the horse ; he said he would charge' him noj thing; had any charge been made for training would have taken her away ; was paying a boy to ride the horse in theafternoon ; was quiie cl«ari Wilson was to charge nothing ; Wilsoii "had never asked for money until after the^ mare waa sold ; . had refused to pay him j nerer 1 made any excuses or -apologies to him for . not paying. . •. :. . . Cross-examined.: Was paying a boy £1 a montli for^thefir^t month and 25s for the second j was doing the stable work until Wils-rin ciime '• di«l not expect to get his horses groomed, trained, and fed for | nothing. | Mr-- Sandilands deposed: He remembered seeing Wilson riding Henry's horse; Wilson said Henrj was at no ' great expense as he (Henry; had only to pay for the oars ; Wilson was charging notliing for his expenses. . . Cross-examined : After Henry had been - summoned tie spoke to witness ab u the case; he informed him of the conversation he had wit b Wilson Judgment for plaintiff with costs £2 9s. ■■ ■;■■'■■■• : -..- ■ .=; . ■ = - -■ Edward Morris v. C. Pasche and wife. Mr Sandilands for plaintiff and M r Esam for defeadsmts. . This was a claim for trespass £1 and for dnnjages for assault £9. The parties to the action are neigb» bors. '' • ■ Edward deppsied • Ke w«-s » fnrmr>r residiag at H*lcouil)e-; on tlie-^lsfe March went into his ptWdpekj saw two

Strange cows belong to Pasche grazing^ drove th« aboot 5 or 6 chains towards the boundary feuce; caw VI rs Pasche and naked why she put her cattle in bi» land : P&acke tktn jnmped over the fence and fenockrdT plaiui iff down; .ike wife also assaulted Uim with a stab; hnd been UQder th<» dortur s-'-ne tii:ie before for chest «oi«i->lai!it ; 1* ive since Miilered from pain eau^'d by the iv juries inflicted by the st.t : > i linve not been able to do . any hard wj>r^ since. .-.'.'. ■ Cross-examined: The cows wer» in a partially fenced paddock open to the road 3 bes.des a dog he did not reaiembei carrying a stock whip; <>wns one; did not use it on defendant; the land is held udder lease from Charles Bull ; did not strike Pasche with the whip; .when Pasche had him by the throat he was under? Pasche asked why he had put the dogs on. and jumped over the fence ' and struck him; had been to see the doctor. ' ■' ■■ " : ■■■ W fJLeft grttingp