R. M. COURT.

Manawatu Standard, Volume XI, Issue 1674, 2 April 1886, Page 2

R. M. COURT.

YESTERDAY.

(Before B. WARD/Esq., R.M.) DOGHERTY V. BATT. j as. Dogherty deposed to taking possession of defendant's house m July, 1884 ; he kept all the terms of the agreement as far as the time daring which he was m possession would allow him. He was on the. place about 15 months. Mr Walton, defendant's agent, visited the "place at 'various -times and waß always pleased. When the defendant returned he cam© down the same evening and expressed his satisfaction with everything, and stated he received very pleasing let"ters from his son who spoke tfthis comfort and the> attention he had. always re - ceived. The next day' he came down and spoke of taking possession as soon ,as possible. Went up to town to see I- about a house and the aeoond'day procured one. Had planted a number of trees of various kinds; when leaving asked him to buy the trees and he said he thought they wonld be too many. Said he would find always plenty of use for them. He said he would consider it. Went .down to the house after this to look after and reap some of the crops, and Batt came and told me I was to leave th«m alone and go away; that I had broken nay agreement with him and he would break lit also. I said. I would ac& about it m a I court of law. His wife came and said I had turned her son out of the house and I had treated him badly. I had not said anything of the boy's behaviour before this," but when going out of the gate I told defendant of his steff-sdn and the, way he bad carried on when he was away. How I had threatened him with informing his father of his conduct, and the boy had said he did not care for " old Batt," as he would not bo here when he returned. Defendant then said he always had a bad opinion of the boy. After this I went down with Mr Parket to measure the crops and when doing so Mrs Batt came out and bid us clear at once. Mr Batt was out but she would not have us there ; she set the dog on USi ''" ' ' ' ■'■ :: " i --""" W '-: . ' ' J. JE. J. Batt, the boy, deposed that h« was. present when a letter was written to Dbgherty inMr J; H.i Hsnkins' office ; was ia oompahy wjth Jas. Innes. ] dictated the letter and J. Innea wrote it. You (addressing Mr Hankins) came m while we prepared it. (Mr Hankins here ■*tatl«TTttnidss mjjch laughsife|nrCtear] that if he knew what they were up to at the time he would have cleared them out pretty quick). By Mr Hankins: Dogherty did not treat me kindly. Recollect when father went away. I knew on what terms I was m the house. I went to Wellington after I had been there six months, when I came back I was sent to do work I should not have done, such aB digging and chopping wood. I was. kept Home three times from school to do work. Dogherty threatened to! brain me with an axe one time and swore at me.* ] never threatened to tight his daughter bi ridiculed his religion at table. Once they called me a thief and a liar ; I nevet stole anything. I merely wrote the lettex for a lark. By Mr Hankins : Did you send the following to Mr Dogherty ? (letter read), Yes. Karere, April 26th, 1885. My own dear Mr Henry Joker Dogherty, — You va&an old fool. Did you not know daft you dirty old land-lubber. You sharkeater, may the holy water and the .Dries! be with you, annen. I will pay you oul old cock, yen I cotch you alone. You have ruined me you know down at the diggias, but I was working down Karere now. I come up some day and blow your head off, you dirty yard of tripe. 1 vill cotch . you' arid make you fat on burgoo, 'then 1 vill kill you and givfryou to my pigs. Does you see, yah 1 yah ! 1 pay you out now; I call-on ypusouat time rie.xtfwe"ek; Itihk on Tuesday nigh! dcii if you vill have to pay.de damage, £20. If you no like I punch your dam head, you see. Yours Sec., I vill have my revenge. -Ha ! ha ! ha ! Revenge is sweet. "". .'. .■ . ■■■ ' '' Jas. Doscherty, recalled, explained and denied the statements made by the. boy regarding himself, and was examined - by. Mr Hawkins at considerable length. John Parker, laborer, deposed that he went to Batt's house m February to measure crops there. There were potatoes, rhubarb, onions, gave measurements to Dogherty, there were four beds potatoes, &c. We wore going on with the job and were stopped by Mrs Bat! ordering us off. The value of the potatoes was about £6 ; fair crop of onions, about £5 ; rhubarb, 25s to 30s; strawberry bed, a large one, good crop; parsnips, good, about 15s worth. Before this I went over the place with Mr Batt and he expressed himself well ■ satisfied with the place. • I- Jane Dbgherty,. wife of plaintiff B worn : Remembered: Mr Batt's retua I from England; They came dovirn to tti< house and went over tlie^Tiole place anc I were well "satisfied; With the way it hac been kept. The place was just like 'i wilderness when we jrent on to: it. The boy wrote Home and told bis father ho* well it looked. At the dinner table the boy used to insult us about our religion, He would give us impudence continually and used bad language. He got th» kej of -ihe rooms where Mr Batt's thingi were and took some out"; I made him return them. He afterwards got into the room at night time. He was entirely beI yond my control, I could not manage him, I never interfered- with his religion. He said he belonged to ths Presbyterian Church but his father and mother ware Spiritualists. I considered of course that the calves belonged to my husband/ Mary Dogherty, daughter of plaintiff, gave corroborative evidence. " This concluded the evidence for the plaintiff. . . > For the defence W. J.'Batt was called, he deposed to returning 1 home and finding the place m a bad state of repair ) the drains and fences could not We. received any attention whatever ; he never intended that Dogherty should have any calves the cow might have.," Henry Newport, nurseryman, deposed that he had had a good deal of experience ; remembered going over defend ant's place somewhere about last November. The tences excepting one were m good repair. He measured, -the .various crops then.' He did not think the rhubarb was properly planted ; the evidence as to the other crops went to . show that they were worth very little. Th« grafts made were not m his opinion of any value ; he would not try to sell the tress because such would injure his trade. Cross-examined by Mr Hankins : If the crops had received proper attention they would have been better. !!!!Wm. Just, market gardener,, deposed that he did not think the drains had received any attention. The fences what he saw did not require any attention, they were good. The value of the crops was stated m each case by the witness. They would have been better had they received attention. T. R. Walton deposed to having sundry complaints made to him about the boy. He never- authorised his having removed from Dorherly's. He did give a note to the boy when he heard he was homeless/ Hedid not^howeVer, know what provocation the boy inipht have given for his being turned out. By Mr Hankins : He did not consider it was his duty as Batt's agent to go .to' Dogherty 's house and settle any paltry disputes they may have had. This closed the case and . counsel hay insr addressed the Bench the Court gave ; judgment for £12, 35s costs of witnesses, countel's fee £1 1« He said that no doubt the plaintiff was justified m tupning the boy gut fgr big bad. conduct. He

shorfld also hare been allowed *o cultivate and take, possession of the Otopi When defendant returned. Whibley Bros. v. J. ?. Watt.— Claimt £19 2g dishonored promissory note. Jndg • I meat for plaintiffs and costs 20s. Mr J; H. Hankins for plaintiffs. Batchelar v. Jones. — Ciaim, £5, tot tresftpass on plaintiff's property m Fitz* herberl by defendant. Mr G. F. Haw* kins for plaintiff and Mr J. H. Hankins f atAef endant J. 0. Batchelar, sworn, deposed to owning section 206, Fitzlierbert ; on 13th of March was present on the land at about noon ; found- a conveyance and horses and a number of Volunteers there. Told defendant I wouldf" summons him tor tresspasg ; I never gave .anyone permission to be there. . He was being continually annoyed by tressjpassers" on the land. The. horses trampled down £1 worth of damage. ' ' " ' '* " By Mr Hankins: Was m occupation 3 or 4 years ; the river shifted slightly at , times, not much ; the pegs were not covered up, b&t he believed, he, could find' them. Did not know that JSkpUin Carroll had charge of the Volunteers on the day referred to. Believe that Mr Hankins wrote on his behalf .< on 30th December, 1884, to Captain Uarrpll re nuisance caused by the t Volunteers. After this went down, and witl/ daptain Carroll marked .off a piece of land, a new firing site ; did not murk it 'on my o>wn land. (**ve them permission to erect the target on Mareb . 13, 1886. I delivered a written .notice to the teers withdrawing permission'. \ 1 When I arrived on the land the norses : of derendaut were grazing ;.my reason for .'bringing the action is . to stop the general pnblic trespassing,— nothing whatever to do with the Volunteers. Joshua Bntchelar, son of last witness,, remembered 13th March,, m afternoon, saw ' defendant trespassing with his horses on the grass, th«y were tied up, not loose about. * For the defence.-— R. Jones^ carter, deposed that he was emplovfcd 'on date m question to convey 20 Volunteers and amnnition to the butts. On arrival I took the horses out and tied them up to ft tree. Plaintiff was speaking to theVolunteers then, afterwards W 'came to me, took my name, and said' lie would sue me for trespass. <i ; 'q Hy Mr Hawkins : I tied the horses up on my own responsibility. ' i J.is> Carroll, Captain of Volunteers, deposed to receiving a letter from Mr , Batch^ai^nHß>«c*Tnber 18847 * Witfiei explained ~ that after an action was heard against the Volunteers, and which ww broiiglit ,by Mr Batchelar they •both^went down and fixed a new site on ,Mr BatchelarV own land^imci which they had v never been interfered with until 13th of March last. -The Bench tHeii gave judgment; His Worship did not (although" not asked to tako the Vol iinteerV into *" oornnidtration, yet he would do so) think yie Volunteers were trespassing; Technically speaking, Mr Jones did enter on the property of Mr Batchelar, when, lie tethired his horses to the trees. The damage dona however wax nominal. He would give judgement for Is and costs. No counsel's fee allowed. Ew. Perkins yi H. L. Sherwill and R. Loudon.— Claim £7 lls 10d. * ? -Mr G. P Hawking for plaintiff, and Mr J. H. Hankins for defendant. . Defendant's counsel' admitted £2 2s. Plaintiff nonsuited with ooxts on application of counsel. Counsel's fee, JEI •Is/, ..-: :■ ' •■ J. W. Roberts V. F.Kiirikl-HClaim £5 10s. Mr A. S. Baker for plaintiff. No appearance of defendant. Claim for rent. , Judgment tor plaintiff and costs ; counsel's fee, £1 Is. t P. Sheerin v. M. Murphy.-^ijlaim £4 ss. .' ' " " V • •• " Mr A. S. Baker for plaintiff, and Mr 3. H. Hankins tor defendant. \ |Mr obje6ted[ fo J opposing counsel opening" hrs/cttsei by calling on defendant before he had established a prima facie case:: , Mr Baker drew attention of Bench to the fact (hat his worship hd ruled against him m Foxtdn on a similar objection, and he could not hardly order him now to establish a case on the very sam* grounds. ; r '? Case proceeded with. . ; ?/ 4 Plaintiff nonsuited on application of counsel... ' ' " "? . " NATIVB, ASSAULT CASE.- - After discussion Mr . Hankins accepted a withdrawal on the understanding that counsels fee be paid for two attendances. £2 25. ■' -.••■."..'■ .::•> ' FBNTON V. SHEFSQIcInterpleader ; summons.— Claim lor wrongful seizure ,oi entire horse. > •Mr Gr. F.- for. judgment creditor, and baliff ; Mr A. S. Baker for claimant, B. Sheerm. Mr; Baker qp?neia|ihe case by stating that the goods hiid* been seized while they were inijhf^ssession of the real • owner,; B£ SKiSHn. ; . ' B. Sfiee^j was first. yitn«ss exrmined. ; he said. Pride of Sandpn belonged to him. He was m p>rjtner*hijf with hi* brother Thomas. The latter bargayjed forth* purchase of the horse. Paid part cheque, part cash. Never, parted with any interest m the, horse. P. Shearm had the horse on terms, from him. The horn* how solely belonged to -him. Annaniaa He got m September last from Pat aheerin; He gave ; for him. It now belonged to him. By Mr Hanki>j:,;G;oi, Pride of Saadoo four; years; ;ago > when % T 'feat^.Tto horse when travelling has expenses 'paid^ont of proceeds. Always advertised m name of P. Sheerih; Judgment got by Mr Feiton was, he uuderstood, /against Annanias, given on 21st January, 1886 Anything over what was made after expenses, belonspd J. 6 him s ancl wkU; divided between us. Have owned the horse ever since heJbough't it. Wnenifr'wiM paid for we made up the amount between us, £80{ Was bankrupt m May^lSaOA Nevurgot a certificate; The advertising was or. dered by any of us-^The^yettisement m Standabd was put m by my brother. By Bench :: Thr between the: brothers; is .thatP. Sheeriii' traveli 4he horse, pays a^%xpenses, any profit afterwards to be divided. They travelled together. ThehorseislSal^hi^bwni Geo. Hirst remembered parting with the horse Pride of Sandgn to Thos. SheerJn who was acting j^for and witk his brother Bernara7wa*p*aid £25 m instalments.: ■-.. / " By Mr Hawkins :vsad nothing to do I with P. Sheerin. Knew nothing of the partnership sinc^hone was sold. Thos. Sheerin was member of the firm of Sheerin 'Bros on several occasions ; m 1882 Bernard, John.iThbraas, and Harry were m the, firm. ;' ot Sandon ii owned by BernaVd Sheerin. The bank account was kept^by two of us, Bernard and myself; saw thehorse advertised m name of P. Sheerin. : . This coucluded the case for the claimant. ■ ■ -■-■:-■■ v L i i r\--) Mr Hawkins addressed the Bench and called Mr J. Fenton thej«dgra«nt creditor who deppsed that judgment confessed by P. Sheerin, r« idrnania^o'aAlways was led to believe by. P. Sheerin, that the horee belonged; to mm solely^ Never saw B. Sheerm re the horse." . . i By Mr Baker: Only knew that the horse was' brought by vP.^neerin to his ; stables. | W. T. Woodiieposed j Shod the two horses for. P. Sheerin begah m October last, was represented to him that ht wu the owner. The work was charged to him. Prior to October dealing* wett with B, Sheerin. . By Mr Baker.; No hothicfg about the | ownership of the horses brought to him for shoeing. - ....

G. M. Snelson, next witness, deposed : P. Sheerin came to liis pi-iTate house, on 17lh or 18th March, and asked him to sell a horse for him on following Saturday "Pride'of Sandon," witness advised him not to sell the horso at that time of thft year, as it would not fetch much. He said it did not matter he would be sold without reserve as there was t dispute between them. He then told me to advertise it. The horse never came to the sale. I heard no n^ore about it. By Mr Baker : Always 1 believed the horse was P. Sheerin's ; he entered the horse at the parades. , • W. U. Healy proved the horse having been advertised m the name of i*. Sheerin m the Standard. A. iftcMinn deposed to have nent two mares to Annanins, and having mad* arrangements with a brother of B. Sheerin, of whose Christian name he was not certain. A. R. Haultain proved various judgements obtained by and against P. Sheerin m connection with the horses, obtained during pant few years. This closed the case for the judgement. Creditor and His Worship gave judgement ai follows: -I think that Patrick Sheerin should have been present as ho would have been a most material witness. I cannot ignore the sworn testimony of Bermrd Shetrin as to ownership. The agreement made with P. Shuerin is not inconsistent with the way B. Pheerin hns acted. A strong presumption exists that the property belongs to P. Sheerin. Ido pol like the arrangement betwe.eu the brothers. I think such a way of carrying on business opens the door to the practice of fraud, though F dp not. say that a fraud his been practised m this case. The bailiff I coniiijer, under the circumstances, was warranted m making' the seiztirb In the face of the sworn positive statement of B. Sl.ieerin, I murt take it for granted that he is the owner of the horse. I order the horse to he delivered to B- rnard Sheerin and make no order as to costs. I The court then adjourned at 8 30.