MAGISTRATE'S COURT.

Gisborne Times, Volume XXV, Issue 2013, 23 February 1907, Page 2

MAGISTRATE'S COURT.

(Before Mr Barton, S.M.) A HOItSE DEAL. At the Police Court yesterday afternoon, before Mr Barton, S.M., John Robson, sheep farmer, sued Michael Koady, also a stable proMichael Keady, a stable proprietor, to recover the sum of £l4. Mr Nolan appeared for the plaintiff, and Mr Stock for the defendant. Mr Nolan opened the case for the plaintiff, and called the following evidence. Gavin Ralston Wyllie, auctioneer, said ho held an auction on the day in question, and the horse was offered for sale with a guarantee of its being quiet in harness. Defendant purchased the horse, which was paid for by cheque. It was presented on Monday mornin, and marked by the bank “payment stopped.” If atrial was to be held, it should take place immediately alter the sale was effected. Mr Mr Stock : He. admitted it was possible that a trial was mentioned. A buyer trying a horse and boing dissatisfied, had a right to return it. Defendant left the mart before the horse was brought back, and saw witness again on the Monday morning following, saying that the horse kicked and that he would stop the payment of the cheque. By Mr Nolan: A trial could not take place away from the yard. By Mr Stock: The horse was not tried before being taken away ; it was not in harness at the time of the sale. John Robson, a slieepfarmer, of Makaraka, said that the guarantee given by the auctioneer was that the horse was thoroughly quiet in harness. He saw Ivcady after the sale, who came up and asked if the horse was quiet, and was told yes. The same day he brought the horse back saying it was not quiet. Witness said he did not believe this, and offered to bring it to him harnessed in his (witness’) gig. He would be satisfied with that, and took the horse home and put him in the gig and brought it back. The horse went away thoroughly quiet as usual. Defendant said he would not liavo it in his place. He handed over the horse to the defendant. He had had the horse six or seven years, during which time it had been in all sorts of harness, and it had been driven to Wairoa and back. By Mr Stock: He did not tell defendant that ho could take away the horse and try it. The horse had been ridden. Did not tell Price not to ride the horse, because ho was dirty. Keady took the horse away, and returned saying that the horse was unsatisfactory. Keady saw witness driving it into the stable. The horse was last in harness about New Year. By Mr Nolan: Ho was clear he did not'tell Keady he could take the horse away and try it. The horse never kicked during the time he had it, and was quite certain that Keady said ho would be satisfied if he saw him tried. ' Patrick Malone, saddler, at Makaraka, said that he had used the horse in question, and had used it for a week at a time, over a period of five or six months, and bad often driven the horse and found it very quiet, even when passing motor cars. Had never known' the horse tq, kick. By Mr Stock: About October he had used the horse last. James Malone, laborer, of Makaraka , said he had driven the horse referred to about’ a dozen times, and in several kinds of harness. Never knew the horse to kick or misbehave in any way. He remembered seeing plaintiff put the horse in the trap on the evening of February 9tli, and it went quietly, giving no trouble at all. By Mr Stock: The horse was not tired on that occasion. It was about nine months since witness had driven James Jobson, a youth, said he remembered seeing ill* Robson put the horse in the gig on the evening of February 9th, and it was perfectly quiet. Wm. Hawker, of Matawliero, gave similar evidence. Mr. Stock urged that a buyer could change his mind till the sale was OV jlr. Nolan said' that it was not a sale on trial. The purchaser had lost his right tb a trial by paying for the horse before he left the auction. This closed the cose for the plaintiff, and Mr. Stock proceeded to call evidence for the defence. Michael Ready said Michael Keady said that the buyer was to have a satisfactory trial in harness. He bought the horse and saw Mr. Robson immediately afterwards and asked him if the horse was sufficiently quiet to bo hired out, and he said yes. Defendant said he wanted plaintiff to come round and see it tried. He repliod that ho had no. time, and told witness to take it awav and try it himself. He went to Price for the liorso, but was refused delivery without payment, and said ho would return the money if brought back before the sale was

ovor. Ho gave liim a cheque and obtained a receipt, and took the horse to bis stables. Then ho was put into a two-wheeler. The horse went in quietly but. as soon as a start was made it kicked at intervals for about a mile along Childer’s Road. Ho saw plaintiff about an hour later and told him the horse kicked. He said he never thought ho would kick; he had not been in harness for some time. Witness said he kicked on this occasion. Plaintiff offered to drive him the next day (Sunday) and witness round the town on Monday, and show that ho would not kick. Witness said lie had had one trial and would linvo no more to do with him. Plaintiff went away then, taking the horse. Price was present during this conversation. Saw plaintiff the same ovoning and told him that ho had boon given a trial. Witness said ho hadn’t soon it. Plaintiff said he was leaving the horse there, and witness refused to take delivery. On Monday morning witness stopped payment of the cheque. By Mr. Nolan : The auctioneer guaranteed the liorso quiet in all sorts of harness. James Prico said Mr. Keady came to him for delivery of the horse and asked for an order for the horse or a cheque. Mr. Keady said he was going to take it home for a trial, that if it did not suit ho would return for the cheque. Ho gave the cheque to the auctioneer’s clerk and about an hour labor Mr. Koady brought the horse hack. Ho heard defendant say to plaintiff that this horse was no use to him as lie kicked. Robson said ho had not been used for some time and might ho fresh. Koady told Robson then that ho had had enough to do with the liorso and Mr. Koady asked for the return of his cheque. Ho was referred to the cleric The sale was just about over. By Mr. Nolan: If Mr. Koady wanted a trial lie could have got' one. Thomas Tasker said ho was present at a conversation between the parties. Plaintiff said ho would take the horse on trial.

George Snowsell, a farmer, of Wainiata Valley, said tliati tho auctioneer said the liorso was perfectly quiet in all harness, and a trial would bo given. He heard defendant ask if the liorso was thoroughly quiet and reliable, and the. reply was yes, that u woman could drive him. He was present when defendant brought the liorso back and ho heard part of the second conversation, defendant saying that tho horse had kicked. Mr. Robson said that ho could not account for it. He offered to take him out to liis place and drive him on Sunday and return with him on Monday. Mr. Keady said ho would have nothing further to do with the horse. By Mr Nolan: Ho did not hear anything said about taking him away and giving him a trial. William Potter said tho horse kickod while in the breaking-in shaft. John Chambers corroborated the evidence of previous witness. The magistrate said that the horse was sold with a guarantee of its being quiet and a trial to be given. The trial was made by defendant and the liorso kicked. Therefore it was not quiet in tho harness and was quite unsuitable for the purpose for which defendant -had acquired it—to lot- out for hire. It could not be supposed that the witnesses came to the Court to- commit deliberate perjury. Judgment would be given for defendant with costs amounting to £2 9s.

ALLEGED THEFT OF A BICYCLE. William George Frederick Bignell, a respectable looking young man, was charged with stealing a bicycle, of the value of £2O, on the 29th Jan., at Carterton, the property of Arthur Stanley Judd. The accused was remanded, and admitted to bail, himself in £SO and two sureties of £25 each. MAINTENANCE. John Godfrey, accountant, Gisborne, was summoned for failing to provide his wife with adequate means of maintenance. On the application of Mr. Blair the case was adjourned. AN ASSAULT CASE.

Taki Ivera Kera was charged with assaulting John Thomas Davies, laborer, at Wliiku, on Feb. 12, Dr. Schumacher was called, and stated that he had examined the complainant. who was suffering from woun. ’ on the face which had been inflicted by some sharp instrument. The complainant stated that he was in an hotel on tho day in question, when the accused threw a glass at him. He (complainant) had only been in the hotel a few minutes, and he had not spokon to tho defendant. The glass struck him in the face. Ho had never had any dispute with the defendant, who was suffering from wounds saw the accused, who told him that he had been to complainant’s father and wanted to square it. He said ho was very sorry, and that lie had not intended to assault him. In reply to His Worship, complainant stated that two other persons were standing at the bar side when the glass was thrown. In reply to Mr. Rees, who represented the defendant, complainant said" he was not walking into the bar with two other men when the glass was thrown. The other men’s names were Stacey a Cameron. He made no inquiry as to the cause of the assault. The tumbler broke on liis face. The magistrate here remarked that it must have been a very hard blow or the complainant had a very hard fa or Donald Cameron, a farm laborer, deposed to seeing defendant throw 'a glass, but wlio it was meant for ho did not 1 know. Neither he nor the complainant nor Stacey had said anything to tho defendant before the glass was thrown. Frank Stacey gave similar evidence. John Paterson Priestley, licensee of the Waerenga-a-liika .Hotel, said- the 'complainant and defendant were in his house on the day. in question. He did not see the glass thrown, but beard it break. He asked defendant why ho threw the glass, but did not) wait for an answer, ordering liim off the premises at once. In reply to Mr. Rees, witness said be bad squirted some water over defendant with a kind of pistol, but this was an hour before the glass was thrown. lie did not know that defendant had thrown the glass at liis brother.- Mr. Rees said that). Mr. Priestley’s brother had squirted water over the defendant, and the latter, in a fit of temper, threw the glass at him. Defendant bad been knocked down by J. P. Priestley, and dragged out of tho bouse. The defendant now went into tiio box and gave evidence in support of bis solicitor’s statement of the case. In consequence of Priestley squirting water in his ear lie got angry and threw the glass at the wall. He bad not tlio slightest intention of injuring -Davies. In reply to Detective Maddern defendant said lie did not know whom be bad struck until the following Saturday. Mr Rees called other evidence in support of defendant’s statement, and from tin’s evidence it appeared that the glass was broken by striking the wall. His Worship remarked that he could hardly think the glass was broken on the man's* face. It must have glanced off liis face and have broken in striking something else. The defendant had been made angry by the licensee and liis brother squirting water over him. His Worship thought that their conduct liad been most disgraceful. He believed the defendant’s story that be bad bad no inteution of striking tho complainant, with whom lie had no quarrel. Therefore tho information would he dismissed. PROHIBITION ORDERS.

Thomas Coats, farmer. To Karaka, was charged on the information of Joseph Price with wasting bis estate by excessive drinking. His Worship made a prohibition order in the case.

Charles Ellis Davies, saddler, of To Karaka. being a person against whom a prohibition order liad been issti :cl was summoned for procuring spirituous liquor contrary to the order. His Worship fined defendant £5 and costs in default 14 days’ imprisonment, an! advised him to give up the drink altogether.

The Sierra left Honolulu at noon on the 14tli February. The Countess of Warwick seems to have developed a sudden enthusiasm for the tenets of Socialism and writes sympathetic letters (for publication) to unemployed agitators explaining bow her satin costumes fill her with grief when the unemployed choose to parade their rags in Piccadilly or on the steps of Westminster At 45 years of ago, new enthusiasms are apt to be short lived, and if the energetic Countess had ever been particularly concerned about tlio poverty problem tlie craze for Socialism would have developed at a much earlier stage. Hitherto she has been content to run bee farms, train women in the business of market gardening, and devote a certain amount of attention to charitable aid. But none of her whims ever interfered very much with her social li'fe, and they are not likely to do so now, unless there is an advertisement in it'. Still it may comfort the hungry labor agitator as ho dosses in Hyde Park to think that there is at least one peeress who professes to believe in an equality which would strip her of her castle, her 23,000 acres, lior jewels, lmr 3(30 guinea hunters, and her luxurious ease, and make lior a State employee along with himself, and if the notion makes liis prosont hard lot any the easier, it is a pity he shouldn’t hug it to his heart’s’content,— Truth,