Untitled

Timaru Herald, Volume XXV, Issue 1577, 16 November 1876, Page 3

TlMARU— Wednesday, Not. 15. (Before his Hon ir Judge Ward.) CIVIL SESSION. Hugh Fra»er v, Geonro Packe— Claim, £51 5s for work and labor done. Mr White for the plaintiff, and Mr Hainersley for tho defendant. Cbbo adjourned on tho application of tho de r endant, who was to pay plaintiff's costs. James Marshall v. Horace V. Smith — Claim, £37 13s judgment summons. Mr Ormsby for the plaintiff, and Mr Hamersley for tho defendant. William Thomas Burnett : lam Clerk to the Levels Road Board, and know the defendant. He is m the employ of tho Board as an Overseer. He gets a salary of £4 per week, and has received it for three months to my knowledge. It is paid once a month. By Mr Hamersley : Defendant has a groat deal of travelling, and has to paj all his own expenses. James Marshall, tho plaintiff, deposed as to the defendant having been supplied with goods, and though paid for contracts did nob suttle his nccount. Under cross-examination by Mr Hamersley, plaintiff said he had heard that defendant's partner m the contracts lind cleared oat of the country, and that Smith filed a declaration of insolvency immediately afterwards, but tho creditors who attended the meeting took no action. Mr Ormsby applied for an order for tho payment of a pertain amount by the defendant out of hia income. Mr Hamersley objected to the order being granted, as, the defendant having filed, what money he had to spare out of liis income should be divided amongst his creditors gene; rally. He contended if a judgment wai issued m favor of this one creditor, the spirit of the law would be evaded, as Marshall would be placed m a more advantageous position than the others. He might state that there was £40 belonging to the defendant m the hands of an auctioneer, which no one could get out m consequence of the estate not having been liquidated. his Honor said he thought Marshall could get an order from Smith on the auctioneer for the amount due, and that the present application could stand over until next Court-day to see whether the order was paid. There was no doubt it was a case of great hardship on tho defendant. Mr Ormsby expressed himself willing to agree to this, and the application was adjourned t • the 27th. Wm. Naughton v. Dennis Hfffernan — Claim, £25 for damages. Mr White for the plaintiff, and Mr Hamersley for the defendant. In t 1 is ca*e the plaintiff, a farmer at Waitohi sued fordanviges through being brutally assaulted by the defon 'ant, and rendered unsible to work; ihus having to employ other labor m his plare on his farm. William Nimghron : I am the' plaintiff, and a farmer. On Oct. 28th last I left Timuru by the 4 p.m. train for the- Point. Defendant was on the platform of the same carriage. When tho train arrived at the W«itohi I got out of the train. The defendant nur.-ed at me and said he would have it out with me for giving evidence against him m a former c«?e. He then knocked me down. I got up and went into the railway-shed. Ho ngain assaulted me and knocked m« down, striking me while on the ground. He threatened to trample on me. Two men then advised him to 1. 1 me go ; taking hold of him. Defcnrinnt said if they let him go ho would not touch me again. Directly they did co.he struck me on the back of the head and again knocked me down, accuaing me .of. perjuring myself. A man named Stevens then held defendant until I got away. Both sides of my face were cut and Ely back and shoulders very much bruised. I was unable to attend to my work for a week. I had to pay a man 303 per week to do it for me. Dr Hammond attended on me. I had never given the defendant any provocation for his conduct. By Mr Hamersley : I had had some liquor, but I was not drunk. The only thing I aaid to defendant m the train was that I riid not want to speak to him. We are neighbors. ;We never had any row before. I came m on the first of November to. see the doctor. I went to the Show. John Stevens : lam ablacksmith, atKerrytown. On the 28th October I went to the Point by the same train aB plaintiff and defendant. When we got out at the Waitohi I saw defendant assault Naughton several times. (Witness then proceeded to describe the assaults). Naughton called out for help and said, "For God's Bake men don't let me be killed." I and others separated them, twice. Naughton waa bleeding about' the face end temples. I did not see Naughton give defendant any provocation. He was not sober, but could walk all right, He wanted to- go home quietly. : ' By Mr Hamersley : I'did. not see defendant kick plaintiff.' The latter did not reiist the assaults m any way.

Thomas Kinnahan : lam a farmer living on the Levels Plums. I remember seem» Naughton assaulted by Heffernan on the 28th of October. The former was under Ihe influence of drink. Both had blood on their faces. Sarah Driscoll gave corroborative evidence to the preceding. This whs tho case for t)ie plaintiff. Dennis Heffernan : lam a farmer and the defendant. I travelled lo the Waitohi on October 28th with plaintiff. Wo had a few words on the wuy, and he called Constable Boss to give me m charge. When we gotout at the station I said I would have U out with him for giving mo m charge. We fou»ht several ti-nes and we each struck one nnother. Ho was drunk. On the third occasion he fell on top. I *aw him at the show three days afterwards. He seemed all right then. Ry Mr White : I don't know whether I accused the plnintiff of perjury. I did not take the defendant unawares the first time. I always struck him first. I was sober. Thomas Ross : I am a constable of police, and was travelling with defendant and plaintiff on tho date m question. The loiter asked me to take the former m charge for using insulting language. Hiffernan was sober, but Naughton was not. This concluded the case, and counsel addressed the Court. His Honor said the case was not a very serious one, and he would allow plaintiff 40s damages, and cost*. m bankmtptcy. In tho matter of Thornus Terry, a, bankrupt. Application was mnde by Mr C. Perry on behalf of Trustee for order for sale of furniture, &c., m debtor's boarding house, as havins been m his order and disposition &c, at the time of the passing of liquidation resolution. Order allowed. The Court, then adjourned lo the 27th inst.