RESIDENT MAGISTRATE'S COURT.

Otago Witness, Issue 1297, 7 October 1876, Page 5

RESIDENT MAGISTRATE'S COURT.

"Wednesday, 28th Suptembeb. (Before T. A. Mansford, Esq., E.M.) James Elder v. Edward M'Ewun. — Claim of L3G 2s 6d, price of one horse Bold to the defendant, Mr A. Bathgaie appeared for the plaintiff, and Mr F. Chapman for the defendant. In opening the case, Mr Bathgate said that the plaintiff brought some horaea to town and placed them in the hands of Messrs Wright, Steph9nson, and Co., for sale by auction. The horse mentioned in the particulars was knocked down to the defendant for L 36 10s Gd on Saturday, the 16th September. The defendant wanted a trial of the horse, and the trial took place — which he would prove by a number of witnesses was satisfactory, or ought to have been so. The defendant seemed to repent of his bargain, did his best to check the horse in every way, and finally refusod to complete the sale. — John Stephenson deposed that he was present at the trial of the horse up Clark street. The horse was pulling 21 cwt. very fairly. It stopped, and witness was about to start it again when the defendant said, " It's of no use ; I won't take the bovse." Witness then left. — Several other witnesses gave evidence to the effect that the horae did not have fair play at the trial. — Mr Chapman moved for a nonsuit, and His Worship reserved the point. — Edward M'Evvan, contractor, deposed that he purchased the horse on condition that he got a satisfactory trial. At the trial the horse, having gone about five yards, jibbed, and would not go a bit farther. Witness then said, "That satisfies me ; I want a horse that is staunch ; I don't want a jibber." — Numerous witnesses who were called for the defence deposed that the horse was not what thay considered staunch. — Judgment was reserved. The Court rose at 4.30 p.m., and adjourned till the following day.