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RESIDENT MAGISTRATE’S COURT.

Fkiday, Jgly 9. , ; ; (Before Mr. F. Guinness, R.M.) THE WKBSTI.XNG, CASE. . • Edward Thomas, defended by Mr. Purnell, was charged with being drunk and creating a disturbance in a licensed !t ’ : house on the 12th July last. ‘Accused 1 pled not guilty. . , - . , , Joseph Baldwin deposed that accused.,,!', and Mr Hodgson, who was in ‘Court last 1 “ week, were wrestling in-his hotel on the’’-' 1 date mentioned. Witness- told ‘ the meiß _■ to go outside and leave off wrestling. Both •mett were worse for liquor. .One or two, {yblows were struck by Hodgson. Tire men went out, after some.persuasion, .and I then closed the doors. -The police werer j sent for. This occurred about 10*30 p.m ; > > Mr. Thomas had been in the house fo’r some time ; but' Hodgson had only been'’ i : there for about twenty;minuteai ■» St/me J noise was made by the men wrestling. The first time X saw -themen wrestling/ was in the passage. i, .• p By Mr..Purnell —The passage, is,at the ; [ back of the House ; it is not private, : hut comparatively so. It is open to the'public. .. The two men were “larking”—merely.'a V trial of strength. Accused has never created a disturbance in my house before. I have known him for eighteen months/;,! and always known him as a respectable . man. : - Wm. Bayliss, sworn—l remember being outside Baldwin’s Hotel on the date'mentioned. Thomas and Hodgson, were . , wrestling. Could not swear that blows' ; * were struck. There was a deal of noise ;lthe men who Were standing round made -:.,, more noise than the accused and Hodgson. ' Heard Baldwin tell the/men to go out- , I* side and stop their wrestling.; ’ ’Both men - were,a little the worse for liquor.* . . ; By Mr. Purnell —About a dozen men' i were in the passage. The passage is about 1; 15 xlO feet; I thought > the accused, and Hodgson were “ larking. ” Sergeant Felton, sworn—Know the accused very well. Ho was fined .LI qn , ■ ; Ist October, 1879,. for creating a dis-, turbance in a licensed house. , He. was-, . , also fined 10s. the same day for resisting . the arresting constable. By Mr. Purnell—The two convictions both arose out of the same offence. Tho relations between the police. and accused are of a friendly character. Do not know, that the. police have expressed a desire to' tackle Thomas. 1 ' ' * i *> Mr. Purnell submitted that the evidence did not prove the charge. The two principal Witnesses had stated that the men were only larking, and had gone out when asked by Mr. Baldwin to do so. His Worship expressed his opinion that r v both the charges had been substantiated. Accused would be fined L 5. ' ‘ A second charge was preferred against the accused for a continuation, of the d;s-, turbance outside the hotel. , . Mr. Purnell submitted that'the accused had been convicted, of tho charge .. j within the last five minutes. After evidence ; had been taken, the case was dismissed. Mr. Purnell drew his Worship’s attention to the fact that the penalty which he had given in the previous case was in excess of his power, and stated that he - . should:appeal, i ' ‘ ’’. His Worship said he had the power to amend the conviction if he found a mis-

take had been made. On referring.to the Act,'he found that, as the previous conyiction was not within the last three months, a larger penalty had been inflicted than the Act allowed. The penalty would altered to LI. UNREGISTERED DOGS. George. Hydes and W! I. Smith, for bavin" in their possession an unregistered dog, were each fined 20s. THE GUN AFFAIR. John MoArthur was charged with larceny as a bailee, having borrowed a gun, valued at L 3 10s., and failed to return it. The gun, with flask and shot-bag, were the property of Jesse Hancox, laborer, and had been borrowed from him by prisoner, who then sold them for L 3 17s. to Phillip Harper. Sergeant Felton/ after the evidence had been heard, said the accused had evidently got into this difficulty through drink.. His Worship sentenced McArthur to three months’ imprisonment, with hard labor. CIVIL CASES. Orr and Co. v Bullen—Judgment summons for Lll Iss. lOd. and coats. Mr. Orr gave evidence that the defendant was in employment as a constable in Christchurch. Defendant ordered to pay L2 a month, in default seven days imprisonment. ■ Alexander, r. Alexander. —Mr. Ireland for plaintiff. On Constable Smart calling on the parties, he stated that they were outside the Court, but refused to appear as they were settling the matter amicably. Little v. Bradshaw. —Adjourned for a Friedlander v. Orr. —His Worship gave judgment in this case, which had, been reserved from last Friday. Judgment was for the plaintiff, with . costs. Mr. John Orr gave notice of appeal. \ the threshing case. Grigg v. Luscombe —This case had been, postponed from last Friday. Mr. Purnell for plaintiff ; Mr. O’Reilly, for .defendant. For the defence, Mr. O’Reilly called; on , ■ Mr C. C. Hurrell, Clerk of the District Court, to produce the papers in a case Luscombe-. v. Grigg, which .was to bo heard on the-15th inat. , to show that the same action was pending in the District Court. ' ’ ' ' '' His Worship, .thought that the two cases were quite distinct. James Mcßae deponed—l have had aonieryears experience in threshing. Have threshed Tuscan wheat, which is very bad to threshl If the grain is healthy, it is not so bad, but when it is rusty it is hard to keep the wheat clean, even with a new machine. . If the wheat is blighted, or rusty, three or four grains would be left at the bottom of the head's. If .clover , is growing amongst wheat the gram never comes to proper maturity. It would he nearly an impossibility to thresh wheat so grown if it were at all damp. Wheat in stock, if clover were amongst it, would prevent its drying properly! The result of threshing depends very much on tne state.of the machine. If the machine is; old'it is'an impossibility to thresh Tuscan wheat properly. ; By Mr. Purnell—lf wheat is rusted it shrivels the grain.. Some millers are fond of rusted wheat, but it! would not be described in the market as a bright sample. X never aaw a good crop of, grain grQwn from spring wheat. ■: If the concave had been closed at all, the sheaves must have come through more than half threshed. • Samuel Finlay, -sworn—l have been in the.service of Mr. John Grigg. At the; time Luscombe was threshing the wheat; I was carting wheat to Luscombe s machine. Thomas Black, Mr. . Grigg’s fore-, man, employed me. I saw the machine at work. Saw all the threshing done in the “bend” paddock. The machine started generally after liuscombe s. -v*-y opinion was that Luscombe was working carefully. Saw Hewston working, and he also was careful. If the wheat had been put in with, undue haste I should have seen it. Refused to give them sheaves top quickly. The band-cutter wanted the sheaves faster, but I refused, as I said, “ If it is put in too quick, the man’s sheaves will go through without threshing.” A portion of the sheaves were damp, which I carted. I don t think it would have been possible to keep ail sheaves dry. Some of the sheaves were lying in the clover out of stock, and were

By Mr.;, Purnell The band-cutter ■wanted the sheaves too fast, and I refused to give them. There were three other- carters beside myself, who might have supplied the bandcutter too fast. The machine was mot racing with another to my knowledge. Mr. Black told me that when I was not wanted to cart to the machine, I was to cart to the railway station. Mr. Black was not always there. I am an experienced thresher. It was |the band-cutter who wanted to thresh too fast. Luscombe s brother was working in another paddock. Don’t know whether there was any rivalry between' -the machines. Never heard Luscombe tell the feeder to “ jam the sheaves through. There was some clover in what I carted. There was rust in most of the wheat. In consequence of rust we had to change sides of the machine. I consider. the wheat threshed a fair average sample. Never saw any sheaves pass through; which were not sufficiently

threshed. , F.' C. Luscombe, sworn—Remember getting the. account (produced) from Mr. John Grigg. The amount marked L2l 16s. 6d. in that account has been stopped ■ by Mr. Grigg, and X am .now suing for that amount in the District Court. I have objected to this amount being stopped, and Mr' Grigg has definitely refused to pay it. Nothing was said about it not being a final settlement. I did the work as well as it could be done, but had the wind been blowing from the north-west it could have been done better. The sheaves were in good condition for threshing, with the exception of one or two. The wheat was a bad sample. There was a lot of seconds in it from blight and rust. : Some of the

sheaves could not possibly be threshed out, because some of .them were damp. The feeder would have the control of such sheaves. Any carelessness would rest with the feeder, who was not hired by me, but under my control. Mr. Grigg has stopped wages from the feeder for his carelessness. More care was taken with that paddock than any other. We kept the concave closer than usual—as close as i l could be, owing to the blighted wheat. Mr Bishop, who gave evidence, is a cockatoo under Mr. Grigg. Instead of selectin'* a few ; heads the witness Bishop ahould have taken a bundle and _ given an opinion. Consider, Bishop an interested witness. Do not believe ten per cent, of grain to have been left in the straw. By Mr. Purnell—l set the machine, and was in sharge of it. Could have got men working at it dismissed, if I had wished. Some of the wheat was shrivelled. The total crop was a poor one. The machine was a good one. Mr. Purnell wished to recall Mr. Grigg and Mr. Black to rebut evidence on the other side. J " ' - . ‘ , Thomas Black, re-examined —Ihe held adjoining the one in question was rusted. It was threshed by the same machine as that in charge of Luscombe, before the rain. The men on the ground could only tell how long it would take the grain to dry. If the machine had been set as close as had been stated, as close as to strike fire, the grain would have been cracked, and the straw broken. The straw was not broken, nor the gram cracked. Ihe haulm was left on the gram. Some of it would have been left on if the gram has not been ready for threshing. Pin3ay was there to cart io the machine when required, I and at other times to cart to the railway. The wheat; in the-: adjoining paddock was Tuscan, wheat, i, vi :. - John Grigg, recalled—-Xfc- is thy. custom

to sow clover with spring wheat which does not affect the quality of the grain, unless the clover interfered with the growth of the grain. In one corner the clover did grow too strong, but this portion was not cut. The day before threshing I saw the sheaves. There was not much clover amongst them. The machine had been set too high to cut the clover. Ninetynine per cent.' of the sheaves were free from clover. After the Bench had been addressed at length by both counsel, his Worship said he would reserve his decision till Tuesday. A QUEER DEFENDANT. Poyntz and Co. sued one Foley for L 3 10s. rent of a house occupied by defendant. Mr. Branson appeared for plaintiff, and put in an agreement signed by defendant. The document was unstamped, but the law recognised its legality provided it wore stamped within three months of its date, and a fine of twenty per cent, of amount of the stamp paid. These condititions having been fulfilled the agreement was received. S. E, Poyntz said defendant, by the agreement put in, was to take the house in Burnett street west at 14s, a week from 30th April, but the occupancy did not commence till the 10th May. From date rent was now sued for, and 2os. nacl been paid. , . Defendant conducted his own case, saying he had not been able to obtain as good counsel as he could wish. He would ask the magistrate if witness was on oath. His Worship—You heard him sworn. Defendant— Now, your Worship, with your permission, I'will ask him if lam the man he sues, because in the summons my Christian name is wrongly stated. His Worship rectified the error, and again Mr. Foley wanted to be satisfied about Mr.. Poyntz’s oath. His doubts having been set at rest on this point, ns made inquiries at a boy sitting by him- regarding his spectacles and his papers. Mr. Branson said these aids to eyesight would not help him to see the oath. Mr. Foley promptly answered that he could see through Mr. Branson, who was big enough. (Laughter). Mr. Foley then proceeded to explain the whole matter to Mr. Guinness, but was checked and ordered to examine Mr. Poyntz. Being acrain satisfied about the oath and his own identity, he got into the box, and commenced a melo-dramatio address to the Bench on his Worship’s righteousness as a judge, in the opening sentence of which he said that nothing but a feeling that he was being deeply wronged, would have brought him from Nelson to appear m that position. Mr. Branson introduced some banter, which raised Mr. Foley s bile, and he at once stood on his dignity, saying he would take rebukes from his Worship, but would have “ none from that fellow. ” He then went on to show that Mr. Poyntz was charging for rent twice over, as two weeks’ rent had been paid, and in a rambling sort of way attempted to shake Mr. Poyntz’s credibility about his dates. Ultimately his Worship cut short the thread of the narrative, and said Mr. Foley could not go behind the agreement ho had himself signed, so judgment would be given, with costs, for plaintiff. Mr. Foley then came down from the- box, and arranged with the Clerk about payment, looking unutterable things the while at Mr. Branson, and causing laughter in Court. INTERPLEADER. Win. Stoddart, in the case of Moran v. R Mathews ; and Wm. Mathews, in the case of Conway v. R. Mathews, recovered cattle that had beeii lent by them to R. Mathews, and seized from him by the bailiff. . , M'Rae v. Harris—Claim L 45 9a. for cab hire, and amounts of judgment obtained by J. E. H. Harris in the Temuka Court against certain parties whom M Rae had sued, and while acting as M‘Rae s solicitor. The hearing occupied a considerable time, the Court sitting till fnx o’clock. Mr. Harris contended that the whole .matter was simply one of accounts, and on the 15th of January he and M Rae had had a final squaring up, and at that date, which was a few days previous to defendant’s removal to Dunedin there was only L 3 due to M‘Rae, which sum was to be recovered from Mr. Ireland. The case was adjourned till this morning.

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Permanent link to this item

http://paperspast.natlib.govt.nz/newspapers/AG18800710.2.13

Bibliographic details

RESIDENT MAGISTRATE’S COURT., Ashburton Guardian, Volume 1, Issue 124, 10 July 1880

Word Count
2,563

RESIDENT MAGISTRATE’S COURT. Ashburton Guardian, Volume 1, Issue 124, 10 July 1880

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