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RESIDENT MAGISTRATE’S COURT, Ashburton Guardian, Volume I, Issue 33, 11 December 1879
RESIDENT MAGISTRATE’S COURT
ASHBURTON.— Tuesday, Dec. 9. (Before Mr. F. Guinness, R.M.) BREACH OF “PRIVILEGE. ” A. Rhodes was charged with embezzling 100 race cards, the property of James Wilkie. , The compainant stated that he gave the boy now in Court 40, and afterwards 60, race- cards on the 19th Nov. last, and did not see him again till that day. Had not received any money from him. Did not wish to press the case as the boy wasyoung, and he had reason to believe that older rogues had put the boy put up to the embezzlement. The accused said he had only got 73 cards—4o at first and then an order for 60, but the printer had only 33 ready when he took the order to him. lyir. Wilkie here said that he believed such was the probable state of the case, and the charge was dismissed. —-the Magistrate reading Rhodes a lecture, and recommending him to reinburse the amount he had taken. CIVIL CASES. Montgomery and Co. v. Ford —Claim L 7 16s. judgment confessed. Escott v. Masson. Claim Ll2 12s. Mr. Branson for defendant. Mr. : Escott deposed to having supplied the goods. By Mr. Branson—l recollect the firm of Masson and Grant. They were largely indebted to me. Grant out for a LIOO. The firm then became Masson and Co. They, opened an account with me. Masson and Co. supplied me with bread to a large amount. I eventually retired from the firm. I recollect Masson giving a deed of assignment to C. Reed. Masson and I squared accounts previous to the deed being given so far as the partnership was concerned, but not with respect to his private account. The goods sued for were sold- during the partnership. Robert Masson defendant—Had an interview with Escott before giving a deed of assignment to Reed. He asked me to square accounts between us. Escott owed the firm L 156 ; and Masson and Co, owed Escott L 135. On squaring up I credited the amount in my books, but there were no particulars given in settling up. All the accounts were settled in a lump sum. His Worship nonsuited plaintiff with costa] THE GRAND STAND AFFAIR. Struthers v. Campbell, Wilkie, and Friedlander. —Claim, LIOO, for damages sustained by plaintiff through not being allowed to collect certain privileges at the racecourse, and for assault. Mr Joyce for plaintiff, Mr Branson for defendants. Thos. Struthers, livery stable keeper—--1 attended a sale at Campbell’s sale
rooms, and bought the grand stand and saddling paddock for the Ashburton races. James Campbell, auctioneer, was called—Remember the sale of privileges of races. I produce the conditions of sale. lam sued for assaulting the plaintiff on 19th Nov. I was in Christchurch that day. Mr. Struthers’ evidence continued—l purchased subject to the conditions of sale. Mr. Cam pbell read the conditions—- “ Press men and Committee ” were the words read out. I bought the privileges for lils. 1 paid the money to Mr. Jameson the day after the sale. On the day of the races T employed two men to look after the gates for me, and looked after the 'stand myself. A number of-men rushed past me, and said they ; were subscribers. • I let them past for the first race, but at the second race I endeavored to stop them, and was forcibly polled off'the stairs by Messrs, li. Fried lander and Wifkie. -There was a crowd of people about at the time. I then went and got my receipt. They would not allow me to go on collecting. On the second day I went again. Mr. Wilkie told mo not to collect money, and there were men collecting money on account of the Club. Cross-examined by Mr. Branson—l saw Mr. Campbell reading from a paper at the sale. I listened attentively to all he said. He read all the clauses through. Those now read are correct except that the word “committeemen” was used, and not “members.” I was close enough to hear all Mr. Campbell said. I did not move during the sale. I was there before the sale. I paid the Ll sto Mr. Jameson. X understood he was Treasurer. When Mr. Friedlander came on the stand he had a blue ribbon on his coat. I think I saw about twenty persons wearing blue ribbons. I don’t know what a blue ribbon indicates. I have been on race courses before. About a hundred made application to get up free. I did not use any words to the effect that I would not allow Stewards, Committee, or any one else to go up free. After having been ejected I did not again attempt to take possession. I did not say I would not allow any horse to go into the saddling paddock. No one afterwards interfered with me. The 19th was a rainy day. There was a good attendance of strangers. Had a small portion of them gone on the stand I should have made money. I appealed to Sergeant Pratt, who said he could not interfere. I I do not recollect Mr. Wilkie saying that the Club would reimburse me for any person going on the stand who was not entitled to go there. Re-examined by Mr. Joyce—l did not know how many members belonged to the Club; Mr. Jameson read the conditions over to me before I paid the money. Cross-examined by Mr. Branson—When Jameson read the paper ho had his back towards me. The paper was a yellowlooking one. He took a paper from a drawer, and read to me, “ Committeemen and press men to be admitted free.” George Jameson—l was present when the privileges were sold by Mr. Campbell. Plaintiff purchased stand and paddock. The conditions were read then, and again next day, when Struthers came to pay me. I had the conditions supplied to me by the Secretary of the Club. The document in the Court is the one I read to Struthers, and contains the clause bearing upon his purchase. lam certain there was nothing said about Committeemen. The money has not been paid yet. Cross-examined by Mr, Branson—The documents were given to me by Mr. Wilkie, and have never been in any other person’s custody. I received the documents about a week before the sale, and gave them to Mr. Campbell on the day of sale. James Campbell—l received my instructions to sell from the secretary of the Racing Club. I remember distinctly reading the conditions of the sale. The payment was made previous to the nice meeting. Cross-examined by Mr. Branson—l heard Struthers say in his evidence that the whole of the conditions were read over before the sale. That is not the fact. I read the special condition of each item as it was put up. I read the words on the conditions produced. lacted as auctioneer when I authorised the money to be paid over to Mr- Jameson. I had no authority from the Club to collect moneys. I was not present on 19th inst., when the alleged assault took place ; I was then in Christchurch.
• By Mr. Joyce—Mr. Jameson was at the time of sale acting as our agent, and the general custom is that auctioneers collect the moneys for goods sold by them. By • the Bench—l am . sure that the word “ Committee ” was not used.
William Lindsay—Was present at sale, and was a partner of Struthers. Heard Mr. Campbell say that it was the “Working Committee and the press ” that were to be admitted.
By Mr. Branson —Mr. Campbell said “Committee” not “Working Committee.” It was false when I used the word “ working.” lam not a chum of Struthers, but know him partially. I have given evidence for Struthers before. I am a partner of Struthers in this transaction.
Tyson Hodgson—Was at the races on the 19th November. Saw a squabble on the course. Saw Friedlander and Wilkie pull Struthers off the stairs. Saw Compton in charge of the stairs afterwards. James Wilkie, journalist, and a secretary of the Bacing Club—lnstructed Mr. Campbell to sell privileges. Was present at the sale. Tried fair means to induce Struthers to keep his bargain. Finding this would not do took stronger measures.
' By Mr; Branson-—Would swear that Mr. Campbell read out conditions. Committee men were supposed to be members. Mr. Jameson was not authorised to receive moneys on behalf of the Club. Told Struthers that the Club would make good any loss sustained by unauthorised persons using the stand. Saw- Mr. Denshire, a member of the Club, refused admission to Struthers. All members of the Club wore blue ribbons as a distinguishing mark. H. McCutchin —Was on the racecourse on the 19th inst. Saw 7 Friedlander pull Struthers oft' the third step. Heard Struthers say the property was his. Rudolph Friedlander - Am a merchant. I have made a bet to-day that I would win this case. I took hold of Struthers and put him off the stairs. The Secretary put another man in charge. I claimed a right to go up stairs. Struthers refused to let me go up stairs. Ho used very foul language to me. Several members complained, and the Committee deputed myself and Wilkie to go and settle the
matter; and after appealing to Sergeant Pratt, we sent Mr. Denshire up, and on his being refused, wo removed Struthers. Cross-examined by Mr. Joyce—After reasoning with Strutthers we found we could not persuade him to allow anyone to go up. He told us he would see any member d d before he would let him up. Henderson was engaged to collect money at the saddling paddock. Was cautioned not to collect money. Cross-examined by Mr. Branson—Was told by Struthers not to allow horses and jockeys to go through the gates. Mr Branson, for the defence, characterised the plaint as the most extraordinary plaint he had ever heard. He argued at length, quoting numerous authorities to show that there was nothing upon which a case could be-founded.
The Magistrate said that against Mr. Campbell there was no case, but against the other two, there was probably a case of assault, and he would take evidence on the matter.
Mr. Wilkie gave evidence that the assault was a mild one, Struthers having been deposited gently on the ground. Mr. Crisp gave evidence that he was prevented from going on the grand stand although a member of the Club. Rudolph Friedlander said several' complaints were made about Struthers. Went and saw him, and he refused to allow either him or other member’s to go up stairs. No more violence was used than necessary to eject him, Botlr counsel having addressed the Bench, His Worship, in giving judgment, said the case was whether an assault had been committed, and whether the defendants were justified. Jt was clear that the statement of plaintiff as to the purchase of rights was not correct. Therefore he, having refused to allow members to go on the stand, broke one of the conditions of sale. Two members had ejected him, and the question was, had they any other remedy. He thought they had ; and they might have put a notice on the stand that Struthers had no right to collect moneys. The plaintiff on the other hand was very blameable, and he did not think that any damages were due for his loss of contract. For the assault, it was of so nominal a nature that he would give judgment for sa, damages in the case, without costs ; professional costs of LI Is. to be paid by plaintiff on account of Mr. Campbell. Orr and Co. v. Fold—Claim LSO.
Mr. Branson for plaintiff, Mr. O’Rielly for defendant. Plaintiff was nonsuited on teelmcial grounds.
RESIDENT MAGISTRATE’S COURT, Ashburton Guardian, Volume I, Issue 33, 11 December 1879
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