Magistrate's Court, Foxton.

Manawatu Herald, 10 March 1894, Page 2

Magistrate's Court, Foxton.

(Before H. W. Brabant, Esq., S.M.) Thursday, Bth Masoh. civil. (Continued.) John Anderson v. B. Spelman — Claim £20 Ss. John Anderson deposed — The work has been done which I have billed the defendant for. By Mr Bay. - 1 did say last Court d~y that the sand was used to fi;t ; up the Avenue bridge ; I did not sfty that I had seen my sen tipping it up ; tha sand was removed from the Pound site on the Bth June, 1891 ; last time I stated I had lent defendant £8 ; have paid no other sums to defendant than those shown in the book; the amount was lent in Stansell's hotel ; do not know who was present ; it was about the 15th April, 1899 ; paid ihe £8 by cheque ; defendant aa'ced me for the money ; I do not remember whether he asked me for his account or not ; did not owe him any money at that time, he was in my debt ; cannot say i if he asked me to pay £3 or Si off his account ; knew at that time d« fendant was iv my debt ; do not remember Williams saying " Why not pay him a few pounds on account ;" first delivered my bill to defendant the day he detained my horsei in the pound ; Dud<on Bros had impounded them ; I will not swear I aa : d " I will make it hot for you and Dudson ;" believe Spelman had said " I do not want any of that talk here ;" Spelgave me his account but he never | asked for it baok for correstion ; on same day delivered my account against him, and same day issued a j summons for the acoount ; do not know why I never gave him a bill before ; did not make the entries in my book after my quarrel with defendant ; the account defendant gave me is correct except in one item of £7 10s which should be £6 ; cannot explain why I never rendered my account previous. For the defence Mr Eay called B. Spelman, who deposed — Had agreed with plaintiff to fetch engine in for 80s ; had engaged Anderson in carting because he owed me money ; the sand was carted from pound on 15th September, 1891 ; none of the sand was shifted to the bridge ; the time the engine was brought into town was in October, 1890 ; I purchased the r*ta lor 2«a a cord ; I was selling it at 30s in small lota, delivered ; regarding the 58 loaa wifcneso said, I asked plaintiff for some money on account, telling him it was a long time owing and unless paid I must summons ; Mr Williami recommended plaintiff to pay ; he then wrote out a cheque for £5 ; I never asked plaintiff to lend me money. j By plaintiff— Enow that only two loads of sand went to Cawston'i yard. j By S.M. — Know the time was 8 half days by the work done ; £3 was a long way too much for carting engine from Carnarvon. M. Spelman corroborated defend* ants' evidence. T. P. Williams deposed— Was at Whyte's Hotel when the cheque was given to Spelman ; Spelman was asking Anderson to give him something off his account ; I heard Spelman threaten to summon Anderson if he did not pay him something. By S.M —Thought «S was not an excessive charge for drawing the engine from Carnarvon ; it would' depend on the state of the roads ; 25s a cord would be the wholesale price of 2 feet rata. The S.M. gave a decision on the two accounts as follows for plaintiff for £8 15g and for defendant for £11 18s 6d which gives judgment for defendant £2 18* 6d and costs, 245 ; with witnesses' expenses, Sis ; solioi* tor's fee, 21s. CRIMINAL. John A. Perreau v, William Trask. W. Trask was charged that on the 15th February he did negligently ride a horse. Defendant pleaded not guilty. John A. Perreau deposed— On the 15th of last month defendant over* took me, riding one horse and leading another by a rope on which Wall was mounted ; this was on the Avenue road, about half a mile away, within the Borough ; defendant told me to get out of the way, and I fell ; I asked him why he nearly rode over me ; I believe it was done on purpose as the road is a chain and a half wide. By Trask -Was walking on the near side of the road; you were galloping ; there were no cows on the road ; never heard you call out to me ; the horse did not touch me ; I asked you what you meant by riding over me ; I hurt myself. By S.M. —I was on the left hand side of the road within six or seven yards of the fence, on the grass. This was the case for the prosecution. George Wall deposed There was some cows on the road and my horse shied at the cows and jumped ; Perreau was on the metal; when Perreau got up he asked what we meant by being on that side of the road as it was not oar side of the road at all ; Trask told him he was nerry be Ml erer fcut that we were

not near enough to do any harm to him. By Perreau— Saw you 100 yardi away ; had control of my horse ; Trask was riding on left side of me ; we did not ride over you at all; you were not under the horse's head ; *f we called out to you to look out ai my horse had- shied at lome cows ; 1 we passed you on the near gide. By S.M.— We tried to pass to ihe left of informant though he wai going same way as we were ; think Perreau fell from fright, he was no* knocked down ; we just called out to him to look out ; my horse was being led because h« was a young one I was breaking in. The S.M. said it was clear by the evidence that defendant was trying to pass the informant on the wrong 4 Bide of the road. If there had been footpaths it might be the duty of the foot passenger to have been on the paths. There had been some care" lessness but it had not been shown it had been intentional. The defendant would be fined 2s and coiti 7s. Agnes Wall was charged that on the 6th day of February, 1894, she did in consideration of certain payment made to her receive into her care or charge in a house situate in Coley-street, an infant under the age of two years for the purpose of nursing or maintaining such infant apart from its parents for a lenger period than three oonsecutive dayi, the said Agnes Wall not being registered as the occupier of auoh house under " The Infant Life Fro* tection Act 1893." The statement was very brief and the accused pleaded guilty. The S.M. convicted, but die* charged her with a caution on application of the prosecutor (Constable Gillespie.)