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RESIDENT MAGISTRATE’S COURT.

ASHBURTON— To-Day.

(Before Mr J. Beswick, R.M.)

Dbunk and Using Obscbnb Language. —James Wilson, charged with these offences, was fined ss, or 24 hours. False Declaration.—Alfred Weston Worthington, of Rakaia, was charged with that he “ did wilfully make a false declaration in respect to a certain clause for enrolment as an elector in the district of Wakanui, contrary to the Registration of Electors’ Act, 1879, Sec. 7.”—Sergeant Felton appeared to prosecute; Mr Wilding appeared for ,the defence.— William Kemble, wheelwright, residing at Rakaia, deposed:—Believed defendant’s name was on the Wakanui Electoral Roll Knew defendant as Weston Worthington, as he called himself. He asked witness to sign the'declaration on-the-xolL He said he wished to be put on the roll The signature produced was witness’.— William Hall Zouch-, proprietor of the Ashburton Guardian, residing in Ashburton, deposed :—Knew defendant. Believed his name was Worthington. He was carrying on business here some time ago as Weston Afterwards he'was known as Worthington- He came to witness in June last.—Mr Wilding objected to any evidence prior to signing of declaration. —Examination resumed;: —Weston left Ashburton either in lieved about May ’79. Saw him in June of this year. He came in June last between 12th and 17th to witness. He said he came from Christchurch! Had not seen him any time between May ’79 and June ’Bl. , This was the first time had seen him between his. leaving Ashburton and return here. —By Mr Wilding : Was away in Sydney for two months in June, 1879. Would not swear that Weston’s wife and family were not living here, or that he was in the habit of visiting them during the qualifying period.— Henry Fowler, deposed to residing in Ashburton. Was until lately in the employ of his father a storekeeper in. Ashburton. Knew defendant who was formerly living in Ashburton. So far as’witness could remember, Weston left Ashburton eitherat end of July or beginning of August, 1879. Sergeant Felton was about to ask the witness to look at ah agreement drawn up by Worthington, and signed by John Fowler, sen.—Mr Wilding objected.— Saw Mr Worthington in June, 1881. He came into the shop about leasing the premises adjoining their store in Tancred street. Had not seen him for some time previous.—By Mr Wilding i Weston had a cottage in Ashburton; —Sergeant Feltm said Weston was here in December, 1879. He went away after that to the North Island and returned in June last.—By Mr Wilding: Mr Percy Cox .back written to the police asking them to take action in this matter. In May, 1879, Weston was not living here, but his wife and family were.—. John Curtis, employed by Mr 0. P. Cox, Registrar for Wakanui Electoral District, stated that the declaration produced had been made r by Weston. Witness was here for Mr Cox, as. the Registration Officer. This claim caine by post, and claims coming by post were certified to by the senders as being correct. Mr Worthington was on the old Coleridge roll. Weston was not on the last roll which comes up to August, although he was on the first. —By Mr-Wilding : Witness’ attention had not been called to other ineligible on the roll.—Mr Wilding said that he wished to show that these rolls were prepared in the most disgracefully care Tess way. He had no wish to throw out any insinuation against others. —Mr Wilding enquired, “What constitutes residence under the Electoral Act?” Provided be has a house and is paying rates in any place that place is his residence whether he is residing there personally or not, —His Worship : It has been decided in the Courts at Home that the place of a man’s business was his residence,—Mr Wilding observed that it was quite possible fur a man to have two places of residence provided he paid rates for —His Worship said he had some experience lately in compiling these rolls, and knew how difficult it was' to avoid mistakes, owing to the limited time. This was the case for the-prosecution. —Mr Wilding asked if his Worship thought a

prima facie case had been, made out— His Worship said he thought it had. —Mr Wilding said it had been proved that defendant’s wife and family were living here during the qualifying period. This was a criminal prosecution, and it remained for the prosecution to show that, the. prosecutor was not resident at the time referred to. This was an important case, for other claims might now be called in question, But to go further. There was nothing to prove where the- electoral district of Wakanui was. There was nothing to show its whereabouts.—His Worship said that it was a peculiar case. Perhaps it would be better if it was adjourned for a week.—Sergeant Felton said thhre were other cases of a similarnature against others.—Mr Wilding entirely failed to see that even optima fade case had been made out, and he thought that it ought to be at once dismissed.—His Worship said he thought not. He would, .adjourn it until Thursday next.

CIVIL CASES. Bell v. Orton : claim for the restitution, or their value, of a mare and gelding of the value of LOO. Mr Jameson, of White' and Jameson, Timaru, for the plaintiff, Mr Crisp fur the defendant. Mr Jameson said the the short facts of the case were that in December 1876, the plaintiff who was residing at the time at his. farm at Kakahu, purchased from the defendant, who was living with him, one mare. Duchess, for L6O, and one gelding Nobby, for L3O. In payment plaintiff-gave defendant a bill at twelve months for LIC 3, the extra LlO representing the interest on the purchase money. On the bill maturing plaintiff was unable to meet it, but subsequently paid defendant L7O ieaving the balance of L3O still due. Early in 1878 Bell got into trouble for larceny, and was away in consequence from his farm until 1881, In March 1879 his stock and effects were sold, but the mare and gelding were not amongst the stock on the day of the sale and they were subsequently found on that day grazing in the paddock of a man named Smith. The defendant, #i Orton, removed the mare and gelding from the plaintiff s possession, alleging a quasi right to them on the ground that the bill had not been fully met, and that there was some L3O still due. Subsequently Mr Bell, on finding himself again at liberty, through his solicitor, Mr Hamersley, applied to Orton for the restitution of the mare and gelding, and failing to obtain them he now sued'for their recovery, or the recovery of their value. The defendant, James Orton, being examined, stated that the bill given by the defendant to him had nothing to do with the mare and foal in .question* He had not been paid for the mare and r Joal in dispute either wholly or in part. . Counsel having addressed the Bench, his Worship gave judgment for plaintiff, with costs.

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Permanent link to this item

http://paperspast.natlib.govt.nz/newspapers/AG18811111.2.16

Bibliographic details

RESIDENT MAGISTRATE’S COURT., Ashburton Guardian, Volume III, Issue 498, 11 November 1881

Word Count
1,172

RESIDENT MAGISTRATE’S COURT. Ashburton Guardian, Volume III, Issue 498, 11 November 1881

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