Feildrag S M. Court.

Feilding Star, Volume XVIII, Issue 111, 7 November 1896, Page 2

Feildrag S M. Court.

o Fjeilding, November 6th, 1896. (Before R. L. Stanford, S.M.) H. W. Davy v. W. H. Holland ; claim L 4 10s 2d ; Mr Sandilaads for plaintiff. Judgment for 28s 2d and cost 3a the balance of the amount having been paid. H. W. Davy v. Wm. Lowe ; claim Ll4 88 sd. Mr Sandilands for plafntifF. Judgment for amount claimed with costs 15s and solicitor's fee 15s 6d. F. W. Clayton v. T. A. Howell ; a judgment summons claim, L 8 3s 6d. Mr Sandilands ior plaiutiff and Mr Reade for defendant. Adjourned for one month to enable an arrangement to be arrived at. John H. Towers was charged, on the information of H. G. J. Hull, sheep inspector, with failing to brand 134 sheep as provided by section 59 of the Stock Act, 1893. Mr Hull said he would Hot press for a heavy fine but only desired to make it public that it was an offence for a person to omit branding sheep, immediately after shearing, with the registered brand of the owner. The defendant stated that he bad branded the sheep with an "O " bat it was not his registered brand and he did not know that he was doing wrong. Accused was fined one farthing per head (2$ 9d) with costs 7s, His Worship saying he would inflict a heavy fine for any Bimilar offence. G. Shannon was charged on the information of Jas. Whittaker, ranger for the Pohangina County Council in the Manga one riding, with rescuing cattle seized for the purpose of impounding at Pollock's road on October 13 ; also, on a second charge of permitting cattle to be herded in a public place. Mr Richmond conducted the case ior the prosecution and Mr Sandilands for the defence. Jas. Whittaker deposed to being the poundkeeper for tlie Pohangina County Council ; on October 13th went round Pollock's road, Mangaone riding, and there saw cattle feeding along the road ; there were about 40 cattle on the road, about 23 or 24 being defendant's ; took charge of the cattle ; saw two little boys, who jumped up and started to drive the cattle when they saw him coming ; one boy said he was minding them ; waited with the cattle until the boy told his father to come ; told defendant he was going to impound the cattle ; defendant took the cattle, and his (defendant's) wife told witness to go the house and she would pay for them. Cross examined : Did not know that the cows belonged to Mrs Shannon; would swear that defendant drove the cattle away ; Mrs Shannon offered to pay 10s to release the cattle after accused threatened witness ; defendant told witness not to go on his place; was satisfied Mrs Shannon would pay him, but her husband told her not to ; had not yet received the money ; the cattle were between two sections owned by defendant; was not in a position to say whether the cattle were being driven from one paddock to the other ; paid £4 a year for the right to impound ; the pound was about ten miles from where the cattle were. Chas. Stevens deposed to being with plaintiff on October 13th, when they went to impound the cattle ; there were abeut six cattle near where the boys were, the remainder of the cows being about 40 chains away ; they were driving the cows away from home ; defendant demanded the cows, which were taken possession of by Whittaker ; Mrs Shannon offered to pay the money and Whittaker left the cows. B. Humphries gave corroborative evidence. E. T. Harrison deposed to seeing defendant's cattle on the road on October 12th and 13th ; they were on the road from about 9 a.m. till 2 p.m. G. S. Bailey deposed to seeing defendant's cattle on the road on October 13th ; they were on the road feeding between 7.30 and 8 a.m. Cross-examined: The cattle were close on 3} miles from Shannon's house by the road ; Shannon's section fronted Pollock's and Finnis' roads, the house fronting the latter. Henry Bailey deposed to seeing the cattle grazing on Pollock's road. Mr Sacdilands contended the charge of rescuing must fall to to the ground as Whittaker gave the cattle up because he thought he would get paid for them by Mrs Shannon. His Worship dismissed the first case as to the rescue. Mr Sandilands argued, with reference to the second information, that the cattle were not Shannon's and never were ; and that the boy was given instructions to take the cattle to another paddock by defendant, who was not aware the boy had not obeyed bis in* structions. His Worship held that where the husband and wife lived together he could not pay any attention to ownership, but that the husband was agent for the wife. Agnes Shannon, the wife of G. Shannon, the defendant, deposed to the cattle alleged to having been on the road belonging to her ; she, also, owned the section on which she lived ; the boy left home to take the cattle to her hußband's section about a mile and a half away. G. Shannon deposed: The cattle never belonged to witness but were his wife's ; sent the boy with the cows with instructions te put them into his section and to mind them for three or four hours and then to bring them home ; had no knowledge that the cattle were left to graze on the road. Geo. Shannon deposed to plaintiff taking the cows away from him ; was told to drive the cows to his father's section and leave them there till the afternonn ; he was to stay there and see that they did not break out. Cross-examined : Put the cows in No. 2 section between 9 and 10 a.m. ; at about four o'clock the cattle were seized when witness was taking them home. His Worship was satisfied the offence had been committed and that defendant had permitted the cattle to graze on the road. Defendant was fined 40s, No costs were allowed in either case. Ann Robertson v. Wm. Howes ; claim £15 6s. Judgment for amount claimed with costs 15s. F. Wellsman v. G. B. Bradford j claim £8 12s. Mr Reade for plaintiff and Mr Sandilands for defendant. This was the recovery of the balance of wages alleged to be dne for five weeks' work at 20s a week, 28s having been paid. F. Wellsman deposed to going to work for defendant for 20s a week ; had only received 28s ; about a month after this was told he was engaged at 5s a week ; a fortnight and tb'ree days after being engaged was paid ss ; had his meals at Mr Bradford's house, sleeping in the stable. G. B. Bradford deposed to engaging plaintiff at 5s a week and found, to assist in the stables ; paid plaintiff 20s, 6a and 3s ; plaintiff was engaged with witness for twenty-four days when he (witnes) paid him £1 ; the work required of plaintiff was only occasional and light. G. Richardson deposed to having told Bradford of his agreement between himself and Wellsman ; Bradford told witness he would offer Wellsman 5s a week and found as there was not much doing. Judgment was given for defendant with costs 29, witness' expense 5s and solici i or's fee 21s. ,