CARLYLE R.M. COURT.

Patea Mail, Volume VI, Issue 519, 13 May 1880, Page 2

CARLYLE R.M. COURT.

Tuesday, before Dr‘Croft - and ~Mr Ghristie. DISPUTED HIRE OF VEHICLE. Erskine V. Davis was a claim for £llos, hire of a two-hoVso buggy for a day. Defendant had paid los.into court;as value of half .a day’s hire of buggy, without horses.. ' 7 * Mr R. Erskinc,. livery stable keeper, Carlyle, deposed : Mr H. I. Davis, poundkeeper, Carlyle, came to me on Saturday night, the 7th Februaiy, saying ho wanted a two,-horse buggy next da} 7 to go to Manutahi. I let him have them next day, and when I presented the bill he disputed it. Ho took the vehicle out about 12 o’clock, hut I had to keep it the whole day for him 1 . He brought it back about 6or 7 o’clock at night.. . Dr Croft: Are you sure ho had engaged it for a day ? Plaintiff: lie came and hired, and I understood him to say. so, the same as,any other person would. ' Davis : Did I engage the vehicle and pair of horses, or the vehicle alone ? Erskine : I told you that you could not get the vehicle without the horses. • Davis : How do you know that I took that.vehicle away at 12 o’clock ?

Erskine : I am not certain at what hour.

I'avis : Did not ] ask you for a vehicle for an afternoon, and I was to find my own horses ?

Erskine : No, not on that occasion. Davis : What is the usual charge for a vehicle for an afternoonj and a person supplying his own horses ? Erskine: If a person came and made terms, I would Jot thevehicle at so much. Davis : Did you on any occasion take two commercial travellers to Waverley, and find a man to drive them, and charged 15s? ■ Erskine : No. , . Davis ; Did you ever do it for a pound ? . Erskine : Yes, I charged them a pound; but that is my private affair. . Davis ? Don’t you think you are very well paid for a vehicle for an afternoon, and going with one horse ? . Erskine ; No, I kept this specially for you. Davis:, Do you say, upon your oath, that . Dr Croft: You need not remind him every moment that he is on his oath. You ask him simply questions. Davis ; Did 1 not engage the vehicle, and to find my own horses ? Erskine : No, you did not. . Davis : Did I take your horses ? Erskine: No, you took one of them ; that was for your own object. Dr Croft: You say the vehicle was hired from you for the day ? Erskine ; I am quite certain. Dr Croft: I suppose that carriage was in wailing for him if he had come at 9 o’clock ? Erskine : Yes. . ■■ •„ ■ - The defendant then got into the witness box and deposed ; On the Sunday morning 1 said “ It is a line day, and I may as well tako t.lio tr«p out iii tiie afternoon,” and 1 said “ What will it cost me I find my own horses?” He said'‘‘Yon can have the horses for 155.” I took the vehicle out atone o’clock, and was in again by half-past six. The 15s I,have paid into court is a fair price. 1 used one of my own horses, and brought down two to use, but he said it would be just as well to put his two horses in, because' they would be a better match.

Erskine : lie came on the Saturday night, and on the Sunday morning he came for the vehicle. Davis : I want to put a. witness in the box to prove a fair price for the hire. I spoke to Erskine on the Saturday night, but lie was not sober enough to do any business. Dr Croft : Did you say on tile Saturday night that you would take the vehicle on the Sunday? Davis : I said if it was a fine afternoon next day I might want it. Dr Croft : But did you engage the vehicle ? Davis : I did not hire the trap for the day. ■■■•■' : ' 1 t Otto Haase,-livery stable keeper,/deposed: as to the price of hire. . • Davis: What is the price for an afternoon for a buggy , with a pair of horses ? Haase : It is just according how you engage it. • , Davis : If you engage it for an afternoon ? Haase : If you engage a pair of Horses and buggy for an afternoon, going say' to Manutahi and back, : I generally charge £1 and send a man, . If, you go to Hawera,; f charge £1 10s, and £1 15s with a man, that being for the dayV If y’qu found ymur own horses, or one horse, J should charge for the afternoon 12s 6d to 15s, for the use of harness and vehicle.

Dr,Croft: Suppose a man came to jjou 'on Saturday evening, and made arrangement for a buggy on theTollcwing day for the day, what would you charge ? Haase : £1 10s if he took them out in the morning, and had them for the day. jQr Croft; Would it,-make any difference if he came at a late hour of the day ?. Haase : Yes, it would make a difference if he were going just to Manutahij a short distance. , Davis, to plaintiff : On the Sunday morning did not yon come to my paddock at 42; o’clock; and say that the trap I was" - to have in the afternoon was engaged, that ypu- ; had ’a telegram from Sir Dillon Bell, and you asked me not to stand in your way? v> ., Erskinc: That was at 8 o’clock in the morning. Davis ; Did not you say that you would .lose a daj ’s'hire from Sir Dillon Bell for half a day’s Hire from,me? . ; . . Erskine : No, I said no such thing. Dr .Croft If you go and ask him to keep a carriage for the next day; it is yoiir business to:take-that carriage ;/and if not, you are liable to pay for ,it,/ The verdict will be for the plaintiff for the amount claimed, with 5s costs. , a -r " 4 Wednesday, before. Captain Wray. TU E ROW AT YVAITOTARA, Four prisoners were ; brought up at this Court, charged with : being concerned in the street riot at Waitotara, on the sth -inst. ; 1 They, had been brought from Waitotara to Patoa on .warrants executed by Sergeant 1 McGrath*, and had been lodgcd one night temporarily at Waverley. They were labourers op . the railway works; 1 ‘ " : '■

Patrick Lambert was charged with assailing and beating Charles, Pronse. Patrick Downes and Lambert were jointly charged with assuming and beating Joseph B. Richardson. . Frederick Staitb • and Downes were jointly charged with assaulting and obstructing Constable Hynes in the execution of his duty. Frederick Staite was also charged with assaulting and beating J. Richardson while assisting the Constable. William Blamford alias Lumb was charged with assaulting and obstructing James Stout while assisting the constable. Sergeant M’Grath asked for a remand, as there was one witness at Wanganui who could not be got here before Tuesday next. The Magistrate —Do the police object to bail ? Sergeant M'Grath—l would not object to substantial bail. The Magistrate—■-Cali any of you find bail for your appearance ? .Prisoners—Yes. The Magistrate—l will allow bail; each of you to enter into recognisances and find sureties, yomse'vcs hr £IOO each, and two sureties at £SO each, to appear at the sitting of the-court next Tuesday morning ; otherwise to bo,remanded till Tuesday. Two or three prisoners murmured that the bail was heavy. The Magistrate—Do you think £SO too much for persons to undertake .on your behalf? ... . Prisoners—Yes, your worship ; it is too much for working men. The Magistrate—l will take half that amount : yourselves in £SO each, and two sureties in £25. Prisoners were then removed, and would be allowed to send messages and communicate with persons who know them, in order to obtain bail.