Feilding S.M. Court

Feilding Star, Volume XVIII, Issue 145, 18 December 1896, Page 2

Feilding S.M. Court

THIS DAY. (Before R. L. Stanford, S.M.) Dr Johnston v. C. Stent ; claim £5 9s 6d. Mr Saudilands for plaintiff. Judgment for 9s 6d, £o having been paid, with court costs £2 6d and solicitor's feo 153 6d. Palmer and Co. v. Mrs F. McHuqli ; claim £2 Is lOd. Mr Reade for plaintiff. Judgment for amount claimed with costs 16s aiad solicitor's fee 15s fid. Ellen L. Hannett v. Jack Robson ; claim £5. Mr Sandilands for plaintiff. Judgment for amount claimed with costs 7s and solicitor's fee 15s fid. United Farmers' Co-Operative Association v. Patrick Dowdell ; claim £9 178 lid. Mr Richmond for plaintiff. Judgment for amount claimed with costs 8s and solicitor's fee 15s 6d. Edmund Goodhehere v. Makareta Ahifcana ; claim £5 3s 4d. Mr Richmond for plaintiff. Judgment fqr amount claimed with costs 15s 6d and solicitor's fee 15s 6d. United Farmers' Co operative Association v. T. P. James ; claim £4 lla 4d. Mr Richmond for plaintiff. Judgment for amount claimed with coats 5a and solicitor's fee 10s 6d. David A. Munro v. George Hay ward ; claim £'6 9s for rent and an order for the recovery of a tenement. Judgment for the amount claimed with costs 14s and possession of feoetuenfc to be given within a week, with costs 14s and solicitors fee 10s 6d. F. W. Clayton v T. A. Howell ; a judgment summons claim £H 3s 6d. Mr Sandilands for plaintiff and Mr Reade for defendant. After Mr Sandilands bad examined debior as to bis ability to pay an order was made for the payment of £-i on or before January 1, 1897, the balance to be paid at the rate of £1 per month on the Ist of each month, or in default seven days' imprisonment in Wanganui gaol. J. S. Palmer v. A. Bedford ; a judgment summons claim £4 13 lid. Mr Reade for plaintiff. An order was made for the amount to be paid at the rate of £1 per month, first payment to be made on February I, or in default 14 days' imprisonment in Wanganui gaol. Albert Adsett was charged, on the information of James Whittaker, with having struck the latter in the face on November 4ih. Mr Richmond appeared for the complainant and Mr Keade tor defendant who pleaded guilty ander provocation. This was a case under section 15 of the Indictable Offences Bumniary Act, 1894. James Whittaker, deposed to being ranger to the Pohangina County Council; on November 4 at about 9 o'clock when witness seized six of defendant's horses on the road for the purpose of impounding, and defendant struck aim in the face without provocation ; was on horse back at the time. Cross-examined : Mr* Adaett paid witness 4s ; it was before witness was paid the 48 that witness had struck him. Bert Humphries, deposed : Was present when Adsett struck Whittaker, was assisting the latter to impound cattle when they found six of accused's horses on the road ; complainant asked for 5s before he would release the horses ; Mrs Adsett, who came out to the gate, went to get the money, and while ahe was away Adsett struck Whittaker ; heated words were exchanged between the parties. Albert Adsett deposed that on the night in question he was taking bis horses in when he met two persons and. while talking to them, his horses went along the road, about four chains ; Whittaker came along and seized the horses asking ss, bat witness refused to pay ; his wife then came out, and offered to pay, but she only had 4«, which she offered Whittaker, who took the money ; after a heated discussion between Whittaker and witness he (witness) shook complainant and, after being threatened, struck him in the face; witness 1 wife told informant to go away after she had paid the 4s, but he would not. Mrs Adsett deposed to being at tbo front of her house, at Pohangina, ou the night of November 4 when Whittaker seized her husband's horses ; Whittaker asked for 5s before be would release the horses and she went to get money but only bad 4s which she gave Whittaker ; told the latter to go home and tried to stop the quarrel ; after she paid the money her husband shook and struck complainant, who was provoking defendant. His Worship was satisfied the blow was struck in consequence of his (Whittaker's) conduct after the money was paid and he would dismiss the case without costs. Edward Humphries v. Peter and Wm. Smith ; claim 19s 6d. Mr Richmond for plaintiff and Mr Sandilands for defendants. In this case the defendants had paid 2s 6d and costs 6s on a short-dated summons, the amount which they admitted. There was no appearance of plaintiff and judgment was given for tbe amount paid into court, defendant being allowed 15s as expenses. William Ryan, of Wellington, was charged, on the information of the police, that he did, on December 3rd, wilfully trespass on the Feilding racecourse and did refuse to leave such place after being warned by the owners of the said coarse. Mr Sandilands appeared in support of the information, and Mr Jellicoc appeared for the defence. In opening the case, Mr Sandilands said the prosecution was instituted under the Police Offences Act. The racecourse was private property, and two stewards and the secretary bad a lease of it. The stewards decided to exclude persons from tbe races on December 2nd and 3rd who followed the occupation of bookmakers. An adver tisement was inserted in the New Zealand Times and on the correct cards to this effect. This notice was brought before tbe notice of the defendant. A Mr Parker had been employed by the stewards to prevent bookmakers, as far as possible, going on tbe racecourse. He bad received a letter from the chair man of the bookmakers, Mr Pollock, who, with others, waited on the stewards with reference to their being kept off tbe course, and pointed out authorities against their being compelled to leave. Mr Ryan had been asked by himself and Constable Tuohy to leave the course, but refused. It did not matter whether defendant had paid admission or not, for if he did the stewards were justified in cancelling tbe permission, and, again, Ryan could recover tbe amount of admission he bad paid. Mr Sandilands concluded by quoting auth« ority for his contention that a permit could be cancelled. H. L. Sherwili deposed: Produced tbe lease of the Feilding racecourse property from S. R Turner to W. A L Bailey, W. A Sandilands and D H Macarthur; was one of the Feildiug Jockey Club stewards ; the late Mr Macarthur's interest was now vested in Mr Goodbehere ; saw defendant Ryan on tbe racecourse ; could not say on which day. Cross-examined by Mr .'ellicoe.: A meeting of stewards was held on the day of the races ho consider what should be done with bookmakers ; they decided to prosecute; did not communicate the resolution to tbe police requesting the prosecution ; knew Mr Pollock, he was a butcher when witness first knew him ; saw him at the races ; did not speak to. Mr Pollock about the races; did not know if Mr Pollock was ejected fro« the racecourse ; did not know tbat Mr Pollock bad an action pendisg against the stewards of the Feildiug Jockey

Club nntil told by Mr Jellicoe ; the stewards appointed persons to exclude the public who did not pay ; the admission to the outside gates was Is; did not know what the instructions were to the gato keepers ; had every reason to beliovo they had a permit to use the totalisators (two). lie examined ; Wa« under the impression tho prices of admission were advertiaed, but could not say for certain. (Left sitting.)