RESIDENT MAGISTRATE'S COURT.

Hawke's Bay Herald, Volume XXI, Issue 5206, 16 October 1878, Page 2

RESIDENT MAGISTRATE'S COURT.

Tuesday, October 15.. :.- (Before B. Stuart, Esq.-, 8.M.) ABUSIVE LANGUAGE. Henry Oorbett was charged with having used threatening and abus've language, opposite the Court-house on the 14th' instant. .; .- George W. Culleh, Clerk of the Court, stated that the defendant had on the previous day endeavored to force his way into the Magistrate's room, and on being refused admittance he had become veiy abusive and threatened witness that h.e would report him to the Minister of Justice. He got so abusive that witness thought at one time a breach of the peace would be committed. The defendant made a long statement to the effect that he had come to the Court as a suitor,, and asked to see his Worship, but that he was not allowed to see him. He denied using any threatening or abusive language. His Worship said that, unfortunately for defendant, he himself had heard all that passed, and the language he had made use of. He would fine him 40a, or in default 14 days' imprisonment with hard labor. Defendant left the box, muttering that he was a " complete victim." " TKAYER V. PEDER HANSEN. This was a claim of £4 13s 4d, the amount of a dishonored promissory note. Judgment was given for the plaintiff, with costs 12s. o'pONNEH. V. JARMAN. This was a claim of 4s t for cab-hire. The sum of 2s 6d had been paid into Court. t ' ;.. It appeared from the evidence that defendant had engaged plaintiff to take some battens to Mr A. W. L. Cottrell'B house, near Mr Rhodes', and Mr Cotfcrell offered him 2s 6d as payment, which plaintiff refused, and demanded 4s. Mr Lee appeared for the defendant, and stated to the Court that the case was brought on principle, so as to endeavor to put a stop to the exorbitant charges made by cabmen. His Worship considered that plaintiff was not entitled to more than 2s 6d for the distance he had to go. He therefore gave judgment for the amount paid into Court, costs to be paid by plaintiff. MONTEITK V. IVI'IfAMARA AND ENWRIGHT. This was a claim for £15, damages done to horse and buggy hired by defendants. Mr Lee appeared for plaintiff; Mr Lascelles for defendants. Henry Monteifch, auctioneer and liverystable keeper, stated that the defendants hired a horse and buggy from his stables on Sunday, the 29th September. They brought them back considerably damaged, with the front part of the buggy smashed in as well as the top of the seat. The horse was also cut in several places. The amount of damage done to the buggy was £5, and the veterinary surgeon's attendance for the horse amounted to £5, besides the loss that he would suffer through the horse being unlit for work. The horse was perfectly quiet and staunch ', lie had driven it himself. I George Willis, groom in Mr Monteith'a employ, stated that the defendants hired a buggy from him on the day in quedtion. About an hour after taking the trap away M'Namara came. back, and said the buggy was smashed. He wont with him to where the accident happened, and they found the buggy upside down, and Enwright holding the horse.. The horse was much cut on one side. George Hobbs, cab proprietor, stated that he saw the horse and buggy coming down the Shakespeare Hill on the day in question. Two young men were in the buogy. He thought the driver tried to turn the horse round. The buggy capsized against the kerbstone. The horae was cut in several places, and the buggy shafts were smashed. The driver appeared to have no command over the horse. It was not proper driving to endeavor to turn the horse round. He could not see whether the driver was whipping the horse or not. By Mr Lascelles : The horse was plunging about when he first saw him. John Morris Parker, hotelkeeper, stated that he knew the horse in question, and had driven him to Puketapu a short time ago. The horse appeared to be quiet, ftnd he managed it quite easily, . : ,

Charles said that Ke,also knew the ? h6rae, laying >'■ sold it to? Mr Mdnteith.... -]J%aj£aper-?'i ' i :^ fectlyJluii^ sound horsp^aiid h|^roke : " ffi in himself^ It was usecl<|p gbilg|up: and : i dow^hUls. : A^There * was* no vice^fi^vbr " -^.f in ifci;- ! , &£..; ■ - ••' ; ? " '^f ■,'■•>.;■ :. J -.--^-??-: 1 ; Oharles^Winkleman statedittat he had , ..", v>^ drivjii' thefhjcirse in guestion^lfHe thought- i V ! '££' it yroW^'&fficuft^^ animalSin town. ' '; ;v ' ; : "-. : .V: :^'^'i'V- : kk That'was the. case foe the plaintifl 1 /- ;.■ .v .i Latirence M'Namara, one of /thVtiefcm^/- v ':.^ dants, stated that he hu'edth^hoißeJ^^t Monteith's stables. , He had .asked ffflp^^;^-' quiet horse. Enwright and hlmseU '^wenCfeif^f to the stable ßafter dinnetj ; tW;tr^^! t^ and drove round by theßhiffto the ' : Spit/}^Sio The horse had "stajrted -'kiwldngJfTOmiih^;^}^ commencement. When coming down th©'su;j;:, Shakespeare-road he commenced kiok^^f;j; ■ and bolting/ He; kicked^awa^^aii; th^^|j^ splash "'board) and kicked hii^ ! (wit^eß^)'bnf&^; :g^ the jleg. /.The hfrrse then? gave) a siiddteit: : 'lMM lurch* ; the hind wheelbf the i*ap ittKuglrf-i^i the kerb-stone near Mr OowellVw rest?|^ ; -hi) dence, and turned the.buggy over. -: He||^had 'been; acciistomed; to; drive^ hbroeifif; ')^r ; sincere was ten years of age. v ,!Ebe Afowe^ ii> ; was evidently irt a bad temper, and coiM^' :'";;• not be stopped. He thought; the reason ,j for his kicking and bolting wa^twicause he ; ;; ;> had had a 'spell, before that. He had ; ; y: I been driving for Mr. Ebbitt. , V\{ i: - By Mr Lee, : He was not discharged W ;;: Mr Ebbitt for being a bad driver. Bfe . ' had only had two upsets while in his em- " - ploy. He did upset S'KeaVy load of atraT*' , once, but it was.on atver^ bkd road. . Her ;: ;j considered himself an ex|enStii»B ; d driver^ ; . Thomas Enwright, the other def«*<dimt^. : stated that M'lfattiara.asked^himio goto* a drive with , him on. the 29bh ultimo. As ■ they were coming down the Shakespeare Hill the horse kicked the;>! front bpard.oiE ; : the buggy and smaahed^it.. "He then upset .; --t the buggy, and- threw them both out.; • ; M'Namara was not beating the horse. .; ; . ; ' . Edwards Starkey and Archibald: ;Qprry ; ■'./■[ /i both deposed^ to havuig -witnessed , : ;the f horse kicking and the upsetting of the- >■>. buggy. ' •' ■''•'■■• ' "-. •'.*■'•.• ■.;' "--'■•'' -;-;:- .-'.;;.- ,■•-, r-;, Gebrge i: Faulknor;stated that;he had re^ v^ paired the buggy, v Tli^shaft '^as broke^ ;•; c, and the front 'part? ; v brpk'enV away .- y^Hejf,^ ' • thought the. injury was^idone^'^.t^.buggy'-'' I'-^1 '-^: I'^1 '^ getting into a hole. He. bW^ marks ))i :?■ -.'}. '■><;. kicking bn. the splash-board. <;. ..- ,; )" (S$ .-. Mr Lascelles and rMr-vl^^havihg^wi^'.'.r"^ dressed the Court, i -.•:. , ■.•<■:. ■(-'■-. ' s ' yy~!?'-3' "'-A His Worship, said he would reserve his/ ' : -0. decision till next day; - -■■■ : ] •'■■>' - ; ; -'■ "'.'^■'/y^t^.