Magistrate's Court.

Taranaki Daily News, Volume XLVII, Issue 7736, 11 February 1905, Page 2

Magistrate's Court.

FRIDAY, 10EHH I'AKY 10. Before Mr T. Hutchison, S.M. —•Maintenance Case.— KvelinoaStroet, who did not ajvpcar, was charged with failing to comply with an order to contribute towards the support of her mother. An order was made committing defendant to one week's imprisonment with hard labour* the warrant to be suspended so long as defendant pays 10s a week oft* arrears. —Cyclist Fined. — | A. M. Southam. was lined 5s for riding a bicycle on the footpath in Dawson street. I I Arthur Hopkinson was charged with u breach of the borough by-laws in laving a water pi]>e, lie not being a licensed plumber. | Air Mqrough inspector, prosecuted, and produced the by-laws ! Peicw.innt was lined Is, without costs. —Questions of Costs.— Hoskin v. Pickering. Mr Malone, on behalf of the plaintiff, applied for costs of the second adjournment, which took place before the case was heard. He applied for plaintiff's expenses—three days ami coach fare. Mr Qtiilliam opposed the application. lie also applied for the costs of the first adjournment. His Worship nuule an order for plaintiff's costs on the second adjournment, and for defendant's costs on the first adjournment. —Civil Cases.— Borough Council v. Archie Hooker. This case was marked as " struck out," but defendant appeared to conjtest the claim for rates and claimed expenses. After some argument ilis Worship allowed defendant Is. Harbour iloard _v. Briscoe. Mr Weston applied for costs on behalf of defendant. Mr Quilliam, for the plaintiff, consented, and an order for £1 Is was made. —Judgment for Plaintiffs.— J. S. Fox v. H. A. Shaw, claim £ll 12s 4*l, costs £1 10s Gd. Air Quiliiam for plaintiff. Margaret Young v. Thomas Vaughan, claim £3, costs ss. Alice Hoe v. (ieorge Campbell, claim 9s, costs It being a question of wages, a distress warrant was ordered to issue. —Claim for Damages.— Ada BaMock v. J. W. Baker. This was a claim of £25 for damages arising from a runaway horse. Mr Cecil Wright appeared for the plaintill, and Mr T. S. Weston for the defendant. Mr Weston mentioned that there I was another case arising out of the same circumstances—Cireenaway v. Baker—which had been adjourned , till March, and he applied for the , consolidation of the t'wo cases, and, !as a consequence, the adjournment of ] the present case till March.

° -M'" Wright said lie was willing to adjourn tile cast; if the Court allow- " ed costs. Eventually Mr Weston agreed U [_ go on with the cnsc. 0 Mr Wright thereupon called j> Or Lea tham, who said that on Ist - October he attended plaintiff, whon: t he lound sulTering from the result ol g an accident, 'having received injuries v to lierskull, and her collar bone bei- ing broken. Ordered her admission e| to the hospital, when she was uni_ conscious for a week and a patient y for some time, her mental faculties e being hurt. If acting lor an acci[l dent insurance ollice witness would have certified that plaintiff was linkable to follow her occupation for h three months. r | Ada Jialdock, the plaintifT, said e | that in October last she was in Mr I (ireenaway's serviw, receiving !)s and | board. On the first of that month > she was in an express with Mr a (Jreenaway outside . Mr Crocker's d store, but could not remember what - happened until she found herself in 3 j the hospital. Had been at home for - | three months, but for a month could - do no work. Even now could not do ; scrubbing or heavy work. - | r l o Mr Weston ; Could not recollect e jwhat was in tile express. Was sure -|Mr •(Jreenaway held the reins when s . driving to Crocker s. Was now assisting in milking her father's cows p | buL only since last week. 1/sed to l' 111 ilk ten cows for Jlr Ureenawuy. 11 Christopher {Jreenaway, a farmer 1 • on the Eginont road, stated that on 1 Saturday, October 1, he was in town -, in an express-, I'lalntill was with -jhim. On driving from Crocker's store across Eliot s-treet at a foot 1 | imce, had only just started when ho l saw shafts alongside the horse's 1 neck. It was so sudden lie coukl ; see nothing else clearly. The reins i were torn out of his hands, and the . horse's head was stripped of its gear. i 'His horse then bolted towards the ' jllenui at a swing gallop. Was with- - in ten feet of the footpath when run f into. His horse swerved on to the footpath, and back on to the road. Alter travelling for about 150 yards

I witness jumped out, and aboiit 50 yards further on plaintiff jumped out, She fell and lay in the road until carried into Pillar's store. To Mr Weston : Was quit' l sober. While in Crocker's shop plaintiff held the reins. Did not, on getting into the trap, stand up aiwl put a wrup round himself. Dkl not see defendant's cart, nor any other carl. Was ! about 10 feet from the kerb when run into. Did not know at what pace defendant's horse was travelj ling, lhe shaft struck his horse on the near side. Witness suffered from a bad leg. Saw defendant and offered to compromise the matter if defendant would pay the hospital | bill, doctor's expenses, and three I months wages. Defendant replied : j 1 111 not the man ; there's some .mistake." Called Mr Martin over, | who said defendant was the man. Defendant again denied being the 'man. | John li, Martin, a farmer at Upland road, said (ireenaway had just j started Jt'om Crocker's when a man !he now recognised as defendant came t along in a cart at a trotting pace .in the middle of the road, but on Hearing Eliot street the horse edged | oil and some part of the cart stripped off the lieatl gear from. Grevnaway s horse. As soon as liaker's horse and trap got clear (ireenaway s horse bolted. 'l'he reins were dragging behind defendant's trap. Defendant went on up Eliot street, but shortly allii' came back. | ihe gear from Ureeiui way's horse , was attached to liaker's cart. Defendant thpn drove towards the Henui, and afterwards went back' to I town.

I lo Mr Weston : The hoists appeared j ■to be taking his own way and not to ho guided by Ikiker. Could not I say whero Maker's trap was when I C.roomvways' l«prejw .started from • blocker's. I .John Martjn, father of the lust • witness, .said he saw defendant oil ' the dny Of the accident, Baker pass- > cd the spo| white the plaintiff was I being picked uji, but did not stop. I Saw him again ut the Henui. About i IX weeks later witness saw Green- i • Wi| i' ,I!H ' Maker talking together in I .town. (Ireenaway called witness 1 over, ami defendant stoutly denied | being in Devon street on the day in ' question and said lie had not been i there for months, adding that lie I ft'SS f'o.'ac milking when the accident ' happened and the police knew it. In i December he again saw defendant, who then mini it-ted he was tile man concerned in the accident, but instead of his running into (ireenaway the /alter ran into him (<Jreenaway.) I'rank Jury, a borough employee, ■ gjj,ve evidence as tp stopping u. 11111fiway hqrsp on October Ist near the Jlimuj bridge. Dpfendan), drove up soon aftyr and gnyp wi-lnpss -the -jvinr Kern and ruing, .faying |ip had pick-ed tneiu up 011 the road. lo Mr Weston : Defendant said lie thought there had been an accident. liefendant made no other remarks, hut drove on. The clieek strap was orokan. Ml Wright proposed to put in the borough by-laws, bul, aftpr a lengthy argument, His Worship reserved Jus decision on -the pulnt. The Court adjourned till ](> ain to-day.