Magistrate's Court.

Taranaki Daily News, Volume XLVII, Issue 7737, 13 February 1905, Page 2

Magistrate's Court.

i SATURDAY, FEli. 11, 1903. (Before Mr T. Hutchison, S.M.) . —Claim for Damages.— f UaWock v. Baker.—The further t hearing of this case was resumed at i 10 o'clock, \vb?n the defendant's case ! ' was opened by Mr Mr Weston. i! J. W. , Baker, the defendant, said i that on October Ist he was rcturni in,g from town to his farm. The 1 hoisu was sluggish and travelled at -' u slow trot. On passing Crocker's i lis saw a trap close to the kerb. -jGreenaway was in the trap and apj pearod to be adjustling his wrap*. . I Witness was in the centre of the , road. When turning the corner > he was about three feet from ihe t kerb. Greenaway came towards him. . Had witness not. pulled up to a walk ,- 'on crossing the -voter table there . | would have beeu no contact or acciL dents. Greenaway was still at the 1 kerb. Was not conscious of anything .having happened until two' boys , ealkd out that some harness was y hanging to his cart. Was not sure , , whether he got out of the cart, but 3 thought he must. Turned back and , j wont towards 'the H'ermi bridge. Gave the .bndlc and reins to Mr Maher ! and another man who had hold of a , horse without head gear. Drove on ! expec'ting to find the cart had turned . ; up the old Hospital Road on his 2;. way home. First heard of the acci- . ident from his man next morning. , Five or six weeks after witness met - iGrcenaway in town. Ureenaway tlicn , | Mien soiid he knew nothing of the ace dent, hut would rely on Martin. Had never said he had not been to town f |lor months, but had said he had ,, not been near the tannery for _ months. Greenaway offered to set- , |tle the matter for £.7,. hut witness . that Greenaway' was mistak- . eu, and that he (Greenaway) had t run ,nto witness' trap. Was perfectL S ° 'l'' . The shafl of witness' trap did not touch anything, but a projection at the back of the trap . caught ihe bridle of Greenawav's horse. {| To Mr Wright: H tt .j passed Green- , away s before turning Eliot-street. t On turning back kept a took-out , or a trap and horse minus bridle s but saw nothing of the kind until . he met Maher with the horse. Made 1 no inquiries. Saw two or three f people near a little shop. - I To His Worship : Did not look bev hind when crossing FJjot-street and - i felt no tug on the cart. Did 1 not e know Greenaway, but knew he was 1 not going the same way as witness. s | Michael Maher, borough foreman, - said he helped Jury to catch a i runaway horse. Subsequently defendant came along and handed witl ness the missing reins and winkers, - Saying, "I think theee belong to the f horse." Nothing more was said. i. Arthur Harvey, a lad oi seven t years, stated he saw defendant drivt ing past White's store, and noticed - some reins hanging at the hack of the cart. Called out to defendant, , who got out, put the reins l in the ■• cart, and drove back towards Devon ii Street. a To Mr Wright : The winkers were |i hanging on the tail-board. Frank Hart, aged eight years', gave corroborative evidence. Mary E. Webster corroborated the n evidence of the two hoys. L . This concluded the evidence, and U counsel on each side addressed the ~ Court at some length. " - - | , ,