Feilding S.M. Court.

Feilding Star, Volume XVI, Issue 165, 11 January 1895, Page 2

Feilding S.M. Court.

Thursday, January 10th, 1895. (Before Mr Brabant, S.M.) The following cases were heard yesterday after we went to press : — G. Stewart v. E. Barrett; claim £3 16s. Mr Readc for plaintiff. No appearance ot defendant. Adjourned to the 24th instant on the application of plaintiff. A. Sanson v. C. A. W. Hunt ; claim £5. Mr Reade for plaintiff and Mr Fitzherbert for defendant. This was a claim for damages done to a horse through two dogs, alleged to belong to defendant, rushing out and frightening it, thereby causing it to fall and injure its knees. Alex. Sanson deposed : Lived at Colyton; on the night of December 23 at about 12 o'clock was returning home from Awahuri; when he was passing the Colyton Hotel two dogs rushed out, one rushing at the hind legs of the horse made it jump forward and fall over on '< the second dog, it being in front of the horse ; his horse w r as badly cut about the knees by the fall ; the dogs returned to the Hotel after the accident ; saw Mr Hunt next day and told him what had occurred, asking for compensation as the accident had happened through the dogs rushing out, but Mr Hunt would not admit liability. J. H. Rose, deposed : Saw a horse belonging to plaintiff, which had both ' knees badly cut ; should say the horse was worth £8 previous to the accident, it was now only worth about £3. Cross-examined by Mr Fitzherbert. Wm Height gave evidence to the effect that he knew Mr Hunt had two dogs. C. A. W. Hunt, deposed : "Was hotelkeeper at Colyton ; owned one of tho dogs described by plaintiff ; have never seen his dogs rush at horses. His Worship did not think there was any case to answer, and plaintiff was non-.suifced, with costs 2s, witnesses' expenses 10s, and solicitors fee 21s. On the information of Constable Tuohy, W. Lowe and W. James were charged with using obscd^ language on Christmas morning. The accused were both convicted and discharged, on condition that they came up for sentence when called on during a period of six months, each to find a surety of .£2O. These were at once forthcoming. Mr L. E. Reade appeared for the accused. Mrs M. Oliver, licensee of the Empire Hotel, was charged by the police that she did, on the night of October 30th, refuse to supply one Robert Linton with a bed. Mr SaQdilands appeared for Mrs Oliver, who pleaded " not guilty," and Constable Tuohy cenducted the case for the prosecution. Robert Lintou (of Awahuri) deposed : Applied for a bed at Mrs Oliver's hotel at about 10 o'clock ou the evening named; was told that he could have a bed, and stayed in a card-room until near 12 ; at that time was told he could not have one aud had to leave the hotel. To Mr Sandilands : Did not tender any money to Mrs Oliver for the bed ; did not make any reply when Mrs Oliver told him the bed was 2s; Mrs Oliver said " I suppose so," when he asked for a bed. RoLert Parr deposed : On October 30th last was in company of Robert Linton at about 11 o'clock ; heard Linton ask for a bed, Mrs Oliver replying, saying, " I suppose so " ; had to give Linton a "shake down" in his (witness') shop ; Liuton did not say anything wheu Mrs Oliver told him the bed would be 2s. To the Bench : Was with Linton in the card-room when they were all told to go out ; as far as he knew Linton did not say anything to Mrs Oliver prior to going out. Constable Tuohy deposed : On October 31st Robert Linton reported to him that he was refused a bod at Mrs Oliver's ; on asking for an explanation from Mrs Oliver, she replied that it was on account of being warned the previous day by witness against speilers, one of whom, she stated, she mistook Linton for, and asked 2s for the bed in consequence. To Mr Sandilands : Mrs Oliver did actually say that she refused a bed to Linton, who was alleged to have replied " you be d " when told the bed was 2s ; the hotel was well conducted ; laid the information because Linton complained to him ; did not think a serious offence had been committed, as Lintou should have gone to his own home. Mr Sandilands submitted the case should be dismissed, as there was no evidence to show there was a refusal to supply a bed. Neither had any money been tendered in payment. Maria Oliver, licensee of the Empire Hotel, deposed : Agreed to find Linton a bed for 2s ; but he refused, saying " You be d ," and Linton went to a sitting-room ; waited up late for her boarders to go to bed ; said to those in the room, " Those who are going out — go out ; and those who are not— go to bed " ; Linton then went out ; did not order him out, and would have supplied him with a bed had he offered the money ; had been cautioned by Constable Tuohy that day to be careful who she allowed to stay in her house. His Worship, in summing up, said that it appeared Linton swore at Mrs Oliver, and she was justified in supposing that he did not want a bed. The case was dismissed. The Court then adjourned.