R.M. COURT.

Wairarapa Daily Times, Volume 6, Issue 1831, 4 November 1884, Page 2

R.M. COURT.

MASTERTON.-MONDAY,

(Before H. S. Wardell, R.M.)

Owen v. Schroder.—Assault, Mr Beard for com plainant. The case arose out of a business dispute which from strong words U9ed on both sides resulted in defendant slapping prosecutor in the face,

Complainant gave evidence in support of the case, and stated he only brought the charge for his futute protection and to let the defendant know that he could not take the law into his own hands.

Defendant acknowledged the assault but pleaded great provocation, Defendant was fined 10s and costs, or seven days imprisonment.

Alice Parker v, Ann Mutrie.— Charge: using insulting and abusive language against plaintiff. Mr Beard for plaintiff and Mr Bunny for defendant,

Plaintiff gave evidence of the continued annoyance sho received from defendant who was a neighbor. Mr Parker, plaintiff's father, was called in support of the charge, A charge was also brought against Mrs Jorgenson, mother of the defendant in the last case, for using threatening language,

Both defendants were bound over to keep the peace for six months, and to find sureties in the sum of £5 for their good behaviour.

Gray v. Cox, and the Official Assignee v. Rapp, were held over to the 17th November by consent of both parties. Littlewood v. Stoddarfc was struck out as there was no appearance of either paity. Judgment was given in the case Kronius v. Dorset for tbe plaintiff £1 and costs M 7s,

An order was made on Benjamin Mannering for 7s a week from the 3rd July, for the support of his child in the Barnham Industrial School. William Riddle v E. F. Clarke.— Claim £4O for damage to a certain number of cattle through unskilful and negligent driving thereby causing the death of Bof the number thereof and the lost of 6 thereof out of a mob of 36 cattle.

Mr Bunny for plaintiff, Mr Beard for defendant,

Mr Bunny said in this case plaintiff was claiming the amount of £4O damages for the loss and destruction of certain oattle, It appeared the plaintiff's land joins the Manawa run, and the defendant had been acting as manager on that run on behalf of tho Official Assignee. There was no boundary fence between the properties, and the defendants had taken plaintid's cattle and driven them to a pound in - Tenui and when they got their they found no convenience and and they were left to their own resources resulting in the death of ti the loss of 6, and'the decrease in the value of all the others. Supposing the defendant had the right to remove the cattle they were bound to do so in a skilful manner,, but he would show that they bad'no, power to remove the cattle, and plaintiff 'had a right to graze tho cattle on the land from which they! wero taken ■ •■ The defendant domed the' obarge on all .counts.

William fijddje, sworn, said he saw defendant driving his .cattle from certain land which had been in the occupation of Mr W, Taylor, up to the time of his bankruptcy, Witness owned land adjoining Manawa which he bought of Taylor, and which was known as Grassdale. His cattle run on Taylor's land, andTaylors cattlerunonbis. There was no fence between them and there had been no dispute about them. There was no agreement verbal or written but his cattle were allowed tacitly to trespass on Taylors run and Taylor's cattle on his. Ho had no communication from defendant prior to July 17th about his cattle being on the run, Ho thought defendants were mustering on that day as had been done on former occasions, and from information he had received he went from his place to Tinui and saw 32 of his cattle on the road which was in a bad state lit to bog cattle, Saw one bogged on the road with nothing but its head above the mud, and one was shoved into a creek and had its neck broken, He recovered and drove back 32 of them, and could only travel them fy miles the first day because they were too weak, and after he got them home seven died. The value of tho cattle was i>3s, and tho plaintiff was five days in recovering the cattle at a cost

In answer to the Court defendant said.'he took possession of the Manawa prop'erty on behalf of the mortgagees on the 29th May, and the bankruptcy of Taylor ooourred on the 26th June. In answer to the Court the witness

continued, there was.no metal on the

Tinui to Manawa roads, they were only summer roads.

By Mr.Beard: The cattle were being driven from off the Manawa run. He had only 1\ acres of land attached to his house which was a part of the Manawa run, and he had another 28 acres divided by the river from the Manawa run.

At this stage an arrangement was made by which the further hearing of the case was adjourned to 10 a.m, on the 10th November, and the Court rose.