FEILDING S.M. COURT.

Feilding Star, Volume I, Issue 272, 22 May 1907, Page 2

FEILDING S.M. COURT.

: — « . THIS DAY. (Before Mr A. D. Thomson, 8.M.) oivnTEisr. Judgment was given to plaintiff in the following cases:— Barraud and Abraham v. G. H. Thomson, £17 13« 11s, costs £1 10s; Domigan and Co. r. R. C. Mangham, £5 15s 7d, coeta £1 12s 6d; Bramwell Bros. v. J. H. J. Bowater, Bs, costs allowed: ' Atkinson and Co. v. F. Adam, £18 lls 3d, costs £1 16s 6d; F. 0. Fowler v. Fred. Burgess. £8 10s, costs £1 10s 6d; W. A. Bell v. W. Riddler, £27 10s lid, oosts £3; T. W. Potts v. A. Stevenson, £5 7s 6d, coste £1 3s 6d; A. fl. Button and Co. v. Jas. Cotterill, £2 2s, oosts 16s; W. Domi- - gan and Co. v. H. Wiles, £6 2s lOd, costs £1 3s 6d ; F. Churcher v. John Callaghan, £14 12s 6d, casts £1 16s 6d. Judgment summons, Perciyal v. J. Tapper, order made for £4 13s. AN ASSAULT AT AORANGI. Henry Dewar proceeded against Daniel Fanning lor assault, and a cross case. Each defendant pleaded not guilty. Mr Carts? appeared for Dewar, and Mr Trewut for Fanning. Dr. Willis deposed. On 12th April I visited Fanning, and found him with one severe bruise oovering almost the whole of his head; he oomplained of his back, but there was no sign of anything wrong there: the bruise might have been .caused by something . striking him— say, severe blows from a clenched fist; there was nothing dangerous in the bruise, but the man was suffering from the shock. To Mr Carty: I saw him about 8 p.m., and the next day also; on the first day he was very nervous and excited. Daniel Fanning deposed: On 12th inst. I came to Feilding with a beast for the sale; some one assisted me, and I had a stick to drive it with, after the Bale I walked back; I went across the paddocks from Aorangi road; it was Maori land, but Dewar is supposed to have a lease of it; I have been going across this paddock for four years; Dewar rushed up to me. Baid he would do for me, and struck me twice on the head; he was within three and a half yards of me when I saw him; I put up my hands in sell defence, and perhaps struck him ; I fell, and he got« on top of me; he got me and bumped my head on the ground; I thought he would never let me up alive; he said "I will never leave you home to your family;" he left off to have a look round; I think he was alarmed; I • got up and went towards my house: he seemed to get over the fence and follow me; I went home, and brought my wife out to identify him ; ne said he would do for me the first, quiet place he could get; I picked up stones and kept- him back: I washed the blood off my face, milked a few cows, and drove in to the doctor; this is not the first occasion of an occurrence like this; he threatened me on 11th October; I saw a solicitor, and a letter was sent to Dewar. To Mr Carty: I have been at Aorangi four years; I never had a quarrel with Durie, Weston, and v Dewar; I paid different sums to settle quarrels out of court; my wife did try to prevent me throwing stones; Dewar was in his own paddock, and I was on the road, when I had the stones; I will swear Dewar commenced the assault: I struck him once, when I fell down; Dewar told me to go home and cook my face; I did not come back with a stick and threaten Fanning; I had to leave the Creamery because Dewar would not leave me alone; Dewar never objected to my crossing the paddock; I saw no one except Deww when I threw the stones; I did not tell Dewar he was not to use the road; he did not come to the road, because of the stones; k is not a fact that I struck him with a stack and he gave me a thrashing; I have never quarrelled with any one in Aorangi except Oliver. To Mr Trewin: I have to go one road and come home another to dodge Oliver and Dewar: I* left the factory and went to another to avoid quarrelling. To the Bench: The assault took place on 12th April about 4 o'clock; I saw the doctor that night; the next day I milked one or two cows. Frederick Jenkins deposed: On 12th April last I was working at Weston's section, Aorangi; Weston and Dewar have land* leased from the Maoris; I saw Dewar that day about 10 minutes before I saw Fanning; the second time I saw them they were plugging each other, I saw 'no gtioks— they were using their fists; Dewar collared Fanning, and they both fell; Dewar plugged Fanning on the head; I could not hear what they said; Dewar wen bumped his head on the ground, said something to him, and then hit him again; he then let him up, and when Fanning went to walk away Dewar kicked Turn; they then had another scuffle, and flnafiy parted; Fanning is not a quarrelsome man. To Mr Carty : I was about four or five chains away; when the fight was on; I saw no stones wown. Maria Fanning deposed: I am the wife of Danie) Fanning; on 12th April my husband came tp the door in such a state that I screamed twice before I could do anything else : my husband told me to go out and see who baa done thjs; I went put, saw Dewar, who said, "I*ll do for Jtmr he was about a chain away; my husband sprang over the fence; anjT threw three or four stones; Dewar said, "Come on, good shot, throw another;" my husband then turned to go home, and Dewar said, • w . home and oook your face:" my hu* band told me, Dewar had ,«ruck him, he fell, and Dewar held him down and bumped his head; my husband is an amiable man; Dewar came through the fence on to the road; Dewar looked as if he were very proud of what he -had done: my husband milked some cows that night, and some more the next night ; I have not heard my husband use very strong language; my husband did not knock me down. Harry Dewar deposed : Fanning tried to pick a quarrel with me before the assault; I refused, to speak to Fanning; on 12th April I wen* for a cow and met Fanning/ ratiwr suddenly; I stepped aside to let hrn go Daet; he struck me in the month, ana swore at me : I turned to meet him, and he struck me again; I made to hit him, and he struck lit me tM a stick; I struck him twice in the face, and he struck me on the slwulder with his fist; I caught hold Of him and threw him on the ground, and bumped his head on the ground; he said I was at the bottom of hit trouble with Oliver, and I denied it; I let him get up, and he made of. but came back, and I jumped in and caueht him; he tried to hit me; we wrestled, and I. asked him what he wanted: I told him I would not leave a breath/of life in him if he tackled me like that again; he went home, and started to throw stones at me, which I made fun of ; I did not go on to the road; I made no attempt to go at Fanning with the, stick.. To Mr Trewin: I am not.of a quarrelsome nature; I received a letter from a solicitor about quarrelling with Fanning; I don't know why Fanning struck me; I had my tops cut, and I saw a lot of blood on Fanning; I did not threaten to do for him, nor did I tell him to cook his face; I don't know why Fanning left the Creamery: lam no* always ' threatening him; I donft knoy wjiy we are quarrelling; at the Creamery challenged him to come out wto the road, because he tried to get in tot. To the Bench: On 12th April Fanning struck me without any reason whatever. I gave him a thrashing, and then laid an information against ■* him next day, because I was w 4 temper. The Magistrate said there was no witness to the commencement of the quarrel, and the parties were in direct oonfliot. Dewar had punished Fanning more severely than he should have d<*np. H# would dismiss the case, no costs to be allowed. DRIVING WITHOUT LIGHTjS. „ Peter !Petenen prooeeded^^linst E. Burr for damages oaue&^n t - collision with a horse and tru^H|y^^ had caused the death of fl^^^^^^M horse. Mr Cartyj^fipe^^^^^^H Peterson, andl£^|^Hk^^^^^^H Burr. __^^^^^^^^^^^^^^^^M Petot^^^^^^^^^^^^^^^H

settler, living at Halcombe; on 19th December I was riding a bay gelding along the Mangaone road; I valued the gelding at £30; I had been at Redmayne's place, and left there at ten o'clock: I was cantering along on the road, on the left hand side, and noticed a trap when it was a few yards off ; I gave a yell, and tried to pull off, but could not do so; the horse struck the shaft of the trap; the shaft penetrated eight inches into the horse's chest; my horse fell on his knees, and I rolled down the side of the filling; Mrs Burr was standing on the road, and the horse and trap were standing there quite quiet; I wheeled the trap back a bit; it 'was very dark; the boy was driving; he is about 14 years old; I told him I would see his father about it; next morning I saw his father, and asked him to pay something, but he refused, saying he would nave enough to pay; the trap was on the same side of the road as I was ; there was plenty of room to pass if the trap had been in the middle of the road; I, with some others, got a light from Halcombe, and examined the tracks; one wheel was within two feet of the grass for a couple of chains; my horse died about five minutes afterwards. To Mr Sandilands: The accident took place just oat of the cutting; they were going up hill slightly, and I was going down hill; I thought it was quite safe to ride at the pace I was going; my horse did not want spurs or stick, but did not need much holding; the accident occurred about 10.35 p.m.; I was seven or eight yards off when I saw it; I could not pull up in time; it is a straight road; I cannot say if Mrs Burr was thrown out or got out; I was riding on the edge of the grass, on the metal; there is about a foot of grass; I generally ride on any side of the road when I can see. To Mr Carty: The grade on the road is very slight; the road is straight for 22 chains; the rain came about an hour after. William Page corroborated the evidence of Petersen, Peterson's horse was slow cantering, and a very fast trotter; the horse's marks were right close to the grass for a chain before the accident. To Mr Sandilands : I say positively the right hand wheel of Burr's trap was only two feet from the edge of the road; the road is about 12 feet wide, and the trap, from wheel to wheel, about five feet. Frederick Digby corroborated the evidenoe of Page and Petersen. Joseph Belfit deposed that he knew the bay gelding, and he valued it at £30; I offered £27 for the horse myself, and I knew where I could sell him for £35. (Laughter.) He was a good sort of a horse— you don't pick up his sort every day. For tiie defence, Hermon Burr deposed: The day after the accident I went to the scene of it, with my son John; the accident happened just after coming out of a cutting; the trap was pulled off at the left hand side of the road: the accident had happened about half a chain away from where the trap was— so my son told me; the road is about 18 feet wide, with 14 feet of metal; my son has been driving about three years; he is 16 years old; it was a starry night; I could see two chains away that night. , To Mr Carty: I often go out and wait for my family to come home; I was getting a bit anxious that night; but not because the boy was driving; my wife and son walked three miles from the scene # of the accident to my house; my wife was in bed for two weeks after the accident; when Petersen came he asked me to go and see the horse, which I refused to do; he asked me what I was going to give him f or the horse, but I could not tell him because my wife was sick; at the filling the road is 16 or 18 feet wide; the boy was driyinga good, young, quiet horse: he is gc#i in the collar. * The luncheon adjournment then 1 took place.