Feilding R.M. Court

Feilding Star, Volume XI, Issue 138, 15 May 1890, Page 2

Feilding R.M. Court

WBwnwnAT r Mat 14, 2890. r.-vi ■'.. (Before Mr Brabant, R.M.) • : ;. • ■/:;■■■■ ; rawr .cAwpr-" W C, Matthews v J. Thacker.-^Claim Itf 6d, Judgment for plaintiff and costs 11*.. Same v J. Anderson.— --Claim £24& 6d«. Judgment for plaintiff and costs 6s ; P, Thompson y finera— Claim £& 6» ' lid. Adjourned on the application of Mr Sandilands for plaintifi r to June 11th,. B. Wrightson * John Goffey.— Claim 1 -<£916* Bd. Mr SandUandß for -plaintiff, f; Judgment for plauitiff and costs- Us anf ' solicitors fee 21s. „ r. / 1J r s ; W. Beading vE. J, Davis^—Claim <"MS" : lls. Judgment for plaintiff and ooste 6e.- --,. ■ ' JUDGMENT BCMMONB; «.. ( . . .' : • M. Keen y G. Bobinson^— Claim 4&Bsv : Adjourned to 11th June on the applioatioi» - of Mr Sandaands for plaintift. , : r - ; ) B. Baanaaond V J>, Crab^^-d&mi^ '. '■ 10s, Mr Sandilands for phintiff and MV : '; ! Cooke for defendant. AH witnesses were- t ordered on* of oburt This *a»i ebm» : ' ; for balance el money lest arising: obi of *•./■ " [horserace^ . ■ ■' '- - - ' / '■■ ; B> Hammond deppetd^ He;,[ wjw«x r farmer »t Carnarvon ; Crabb h»A beea , „ shearing for him ; gave detail* '''#, a *w&»yU] for Jia a-wde, in #bioh he wa* to goi halves witk Crabb ; also gtaod food for i the money for Medwin ; Crsbb lost and; wa» to have paid ; next -■ day/^ a^anged^to> ; stop the money from she»ring r but as heowed money for a hone there- wa» not enough owning Ut- Ciabbjjhad applied for" ■the moneyj wi»nee» gjiw th^rianTles of : the persons preßeni whan the match wasmadie, and thf/'imfce \»a» rtm Crabb had :"paiA 10s pa.accountr „ ,■,■ ' y _ . ; " ; ; Crost-eiaTnined r Hi^' sblicitdr had 'i*i " ceived? a letter (produced) ; mention 'hid f been made kithV warning of the 1 rao» <• being for only £5; ; Crabb and Medwin, arranged the amount ahouid befor.JlOiir Medwsn ow|» y*iknoßa£& or atM; be- ■ fore the ra<;4 'Medwin 'awed oweaT witness. 48 ? of whict.^£s had since been paid ; J jgfkve a cheque of l£10: to Mr Cameron a* stiake bolder; the parties were- agreed it was not necessary he . should deposit the\ ; .other amount of ilOv " ; ' . \ , '.'■ Samutl Siraiwi deposed i "Bit "was: s>j laborer residing in Sanson V xemembered^ > the race; heard the match tqade ;, it was; furst fbt for^l^ a^«ida^KCacab> - and Hammond arranged to ga helves 5 Medwin's horse won and Crabb lost. Cross-examined: Th* arrangement to» J go halves was made at the men's hut - r there was no areangemenfr made forthef ,- '■.■; parties to gobies when the anwuntwa* only J65. \ ' : '-v.,., ■„. James Cameron deposect iihatr He* was' stake holder at the race } the amount ran for was first for a-side, the following day it was. increased ip- L1& a-ud^^ ■ , Hammond 'wrote. out S) cheque, for I4X)^ he was to have an equal interest witb Crabb ; paid the LlO to Medwin, there* were no objections; the , Ll& wjm ; t& be; '■ paid over to the man wha.won ihe race j did not take any steps to see the other LlO deposited'iii nishandsts stakeholder.. Alfred Bull deposed hVwaW shep&rd- > working for Mr Hammond ; remembered the race; rode Crabb's. horse; the, match? waa for JBIO a-side ; wak not paidi. for riding; was sure the other horse was; MedwinX who had owned it for a naontht or two; did not know whether it was paid for. ' .' :■ . ;■ '.- ".'" y. :■ .....•; „■= v- ' Tbis was the case for the pontiff; Mr Cook* said the line .of defence was; already indicated— viz* that the net- wa» only for iis,a.Bide. . : ]>. Crabb deposed he wa» the dsfendint} in the case. The race wa* for P . and the £L 0 cheque was 10a for Hammond, £2 10s fcr witneag, and 5 jE6 for Crabb-— that is r Hammond put up for both sides.; it is not true, the Btakes were increised (» a-side ;: there waW talk. about it being a 4»IQ match,, but witness- said it ' was for only £&% heard no- - thing of Hammond guaranteemg JlOfor Medwin ; if he had, would,, have required, another i'lo to be put up.' ' Cross-examined : Never sawli»e- stake* j; ,■ had heard since tile cheque wa» for flO ; ' the match was not increased j had toldt Hammond that the match had been moreased to aosaSte- by Hajjamend,?nat> ' by witness^ had written to* that effect. ~ (letter produced) to Hamraoad ;| did not . tell young Bull the maitobj Was for £10> aside; notwithstanding what, was said by , the. . previous j witnesses^ smmtained the- ' ; race^ was for £&; had offered to settle thecase out of Court for £A r rather thaa ;;- appear in Court f had bought a horse from Hammond r - wbieh was paid for-but of his pay for shearing 1 did net complain of the way the race was run aitbefime^ The cheque waaput up before the talk of - increasing the stakes. By the B.M. 1 Was surer the stake*.. . (i-101 were deposited before th^re w»» ' any talk of increasing them,' ' '"''■ ■"■' irf ' ' Maeaia Beid deposed he was a shearer,, and gave an aceoant of the challenge for <£sa-side,. ami. the circtabstanoes of the match when made; the 'next day, after dinner, on the day of th»race r was on his. horse going home; heard Hanmaoni say hs- would make the money all right,, ani write- 'sir ehsqua for 410 -all handsheard this. Did not see the- race.- •■ '^ I By tbe R.M. : Wa« certain the whols^ sfitkes Wjere to-.be put up. : -, ■'■■: ; '■ B.Saiisbn deposed he had been work- " iiifir ai Hammond^ woolshed ; had heard in the woblsbed there was to be a nee foxHammond gaye a cheque for: £10 r as neither: party iid imy ' monij^ ' Saw Hammond band the cheque to Cam^ •'■ eroo, who. said it was fori£lo^neverheard, till the other day, the vate-war'for-; jEIO a-Bide; did not set. the race;, arri»ed»i the finish. "■' 7 • : - ; =. • By the Court: Supposed the!.lo»ehequ«< was for boih side's stakes., ; , ; / .-. . This was the case for the- defence.: The respective solicitors baring addressed the Court, " i \ f . ■ '"■■•*" "■ ■'•<':''>.:.. •• ■■■ The B.M.gave a -verdict for &c defend^ ant with costs 26s» '. • ..- G. K. Tomigy Harriett ßijwftter.folaim LB. Mr FitzHerbert for plaintiff, and' Mr Cooke for defendant. TM» ' ik o'aim for damages- aHegsd to b^ye Keett 1 done to ilaintiffs sheep oy defendan"ti a>> - • onthe!7ta,ofi>ril.:- *< ■'•;■' --- ■■-• G. H. Young depose* h« was farm«Bresiding ai Mount Stewart ; defendants: property adjoined; both ran »heep mi c ** ti . fl - J™ m wha > Heard sestsome: of his children to. take the sheep out of ths^ water ; next day saw some had been worried and injured; Assessed Bb loss at IS, which was very h>w {wrote foMrk ] Bbwater, who wrote- is reply that h»r dog did net worry his s sheep, and sh#, ' '} refused to kill the dog. Cross-examined by Mr Cooke ;-; Ths> -■ sheep were worried in the morninff bsifor* ifto'cioek. ;: : Mrs Young, wife of plaintiff, deposed- : she saw a black dog zun&mg lOOiof ths> sheep in the paddack at a forioua rate •• r . saw the- shs<Bp were; divided; ■bmA.wais- «V---jammed in the gate, aome in the'ditchon top of each other; saw the dog on th* ' top of one of the sheep and. W prryinei^^ knew th*!;^ waa Bowater's; bley^y^Vv! some of We others— & oic 6-vinto ' and' jumped in on top. of th^:; saw the ? dog get oVer the dividing &g& between, Bowater's and witness' land; 'could iden- ■ : tify the dog; had, seen the same dog before running the sheep.; followed the^ijpg. . to BowaWs } weittt to iiti Bowater's sM

saw W. Bowater, her Bon ; went to look at the- dogs; Bowater said there <were strange dogs,; saw^two doga, one chained and brie loose ; saw another dog chained, up; saw tlie ' dog : (loose) lyinfc down very wet; which was the one that had worried the sheep ; th<s dog got up and ran away to where Mr Bowater was standing ; was quite sure as to the identity . of the dog ; Bowater admitted the dog . was his. ' "■"■ :: '"■;'- ''' \; '" ■ Cross-examined by Mr Cooke: Was within a few feet of the dog. ' The Court then adjourned for an hour, and an resuming ...... Mr Cooke opened for the defence, and called William Bowater, who deposed he was a son of the defendant. Mrs Young Corn- , plained of adog having womed'her sheep j she pointed to his brother's dog as the one whiah . had .worried ■ her sheep ; described the dog, which has a mark in the left eye ;; this dog is usually shot in at night by his brother or sister; did not "am^ma let oat in the morning ; described mrMtaae other dogs Mrs Young-saw ; «tt the morning of the 17th Mr Francis'^ Uaek dog was' there, 'jußt before Mrs Young came ;' went and told Mrs Francis her dog was there and.s he came and fetched it ; had never known his brother's; ■dog to chase sheep; witness* sheep near Young's fence looked as if they had been rim about on the same morning. Cross-examined : The property belongs to his mother,; the dogs are 2 years old; have not been looked up every night; 'did' not know the dogs was locked up that night ; knew nothing about it in fact ; the dog has a peculiarity in the 'eye.. ■ *■■ ,\ By the bench: Did not notice the dog to ok wet. . ■ " Myra Bowatar j a sister of last witness, - deposed as to the description of her brother's black dog; sometimes looked after the dog; locked him up the night before;' did not see it let out ; her brother "William has a dog, but not Hke V Shep." ; saw Mr Francis' dogon tb% 17th of April ; it has more brown about it than " Shep." Cross-examined: Did not keep a diary but had a -good- men ory ; couldn't say whether the dog was put in on the 14th, 18th or 12th, but was sure she put him in on the 16th; rejcneoabeted it^was the 16th because she felljorer the dog in' the woodshed ; her brother got up- before, her (7.30) and went to the wobdshed ?fo> wood to make the fire.; when a dog is let out it generally 'goes for :a, run. , ' ' . By Mr Cooke : The wo jdshed is at the back of the house; anyone wanting wood ■could get it without opening the outer door. • . . .-. • Joseph- Bowater deposed :i He owned the dog " Shep" ; described him as a dark brindle; on the 16th had the dog away ; on their return saw the dog' in the shed before he went to bed; his mother and sister liked to have him there for company; let him out on the 17th at 20 minutes to 7 ; the servant man took the dog away to fetish the cows; saw Mrs Young come and-, speak to her brother ; did not hear much: of the conversation ; heard her accuse the dog of worrying the Bheep ; the only peculiarity about the dog is that in hjs youth a eat scratched him in the eye and a white spot has grown there.' ' :i '. Thomas Harris deposed: He was'employed at Mrs Bowaterjs ; took the dog to fetch the cows when it was let out of the; ■woodshed; was 10 minutes away.; when he came back saw Mrs Young coming ; went to meet her; she walked up to the house with him ; a black dog like " Shep" was about on the 16th ; did not see it on the 17th. :■■■■!/ Cross-examined : The dog is not all black ; he has a white spot on his neck. . Frederick Mathews deposed: He was « settler at Sandon; on the 17th saw Harris going for Bo water's cows; Baw Harris and the doy return with the cows ; *wa6 within 10 chains and recognised him at that distance. < Robert Hammond, farmer, Sandon, deposed: He had seen the damage rioie to *he sheep by the dog; estimated it at 58. This was the ease lor the defence. ' Counsel, having addressed the Court, His Worship gave judgment 'for defendent, there being a doubt as to the identity of the dog, and the defendant w t as «ntitled to it, with costs 475." : rij! % J '' S. Ingram vJ. Wrightsori, dlaim Ll2 10s. Judgment for plaintiff and costs li 2 4s. liucaschewßki Bros y Schwasa, «laim Ll4 Bs. Mr Cooke for plaintiffs, 'and Mr Sandilands for defendant. . ; ' Verdict for plaintiffs for Ll3 6s Bd, and costs 268. solicitor's fee, :2ls. S. H. Frankland v S. J. Speight'.claim L 25. Case adjourned for a month by ooßsent. JUDeHENT StTMMONSi : ' ' ' Cobbe and Darragh v B. Gosling, junr,' claim L5. Mr SandUands for plaintiff, and Hr Cooke for defendant. '-■: ■'■ ' - - No order was made as defendant was too 111 to work. {k, John Prior yB. Parr, claim, L7,4b. Mr Cooke for plaintiff, and Mr FitzHerbert for defendant. ,',./-. . No order was made. „ The Court then adjourned. .