Feilding R.M. Court

Feilding Star, Volume XIV, Issue 42, 24 September 1892, Page 2

Feilding R.M. Court

Thursday, 22nd September. (Before Mr Brabant, 8.M.) The following cases were heard after we went to press on Thursday afternoon :— George Dear v. Thomas Oliver, Mr Sandilands submitted that his client was entitled to a verdict, as the plaintiff had failed to prove his case and his evidence was unreliable. If a sale had been effected, it was not likely that the plaintiff would have let some 16 months elapse before making this claim. Mr Jackman's evidence went to show that the deceased Oliver in his presence, and that of the plaintiff stated that the machine was to be lent to the deceased man Oliver. Mr Prior urged that there was no agreement that the plaintiff should lend the binder to the defendant. Why did the defendant keep the machine if he did not intend to buy it ? The evidence of plaintiff went to prove that he had demanded the return of the binder. His Worship pointed out the fact of the plaintiff having made no claim and the defendant's version of the matter, which was corroborated by Jackman's evidence. The machine was only lent and the plaintiff was entitled to have it returned to him. The verdict of the Court would be a nonsuit, with costs against the plaintiff. * F. Noffke, of Halcombe, charged Frank Churcher with a common assault on the 15th instant. Mr Sandilands appeared for the complainant and Mr. Prior for the defendant. The complainant and his wife gave evidence as to the assault, which was the result of an altercation caused by the children of the defendant throwing sticks at the complainant's cows, and abusing his wife. Frank Churcher, the defendant, stated that his wife had complained : to him of the bad behaviour of Noffke's children, and witness called at the latter's house about it. Noffke came to the door and witness asked him if he allowed his children to insult his wife, and Noffke replied that Churcher's children had annoyed her. Subsequently abusive language was used on both sides. Noffke then raised a stick and threatened to bash defendant's brains out, and in self defence witness struck him and immediately ran away. Cross-examined by Mr Sandilands: Witness would not swear that he saw. the stick in Noffke's hand. ■ i ' Mrs Churcher gave evidence which tended to corroborate that given by her husband. Mrs Davis, a neighbour, deposed that she heard the quarrel going on between the Noffke's and Churcher, and heard Nofike threaten to bash Churcher's brains out. The Bench fined the defendant 10s, costs 9s, and solicitor's fee 21s, each party to pay their own costs. The defendant was allowed 14 days to pay the fine; or in default of payment 7 day's imprisonment. Augusta Polinski, of Halcombe, applied for a prohibition .order against her husband, Henry Polinski. This case was adjourned until next Court day to allow Mrs Polinskj to call witnesses. This concluded the business.