MAGISTRATE'S COURT.

Dominion, Volume 4, Issue 1078, 17 March 1911, Page 3

MAGISTRATE'S COURT.

HirjE OF TWO HORSES.. . TRANSACTION AT DAY'S BAY. RATHER LIVELY CASE. . (Before Dr. A. M'Arthur, S.JI.)Hugh Downes, settler, of Day's Bay, sued the Wellington Steam Terry Company, Limited, Wellington, to recover tho sum of £iO 55., alleged to be due by defendants to the plaintiff, and made up as follows:—Hire of.one of plaintiff's horses from June It, 1909, to December 21, 1910, at ss. per week, .£l9 17s. 6d.; hire cf another of plaintiff's horses from December 14, 1909, to December 17, 1910, at ss. per week, iEI3 2s. 6d.; value of plaintiff's harness, rendered useless in defendant's service", £1 os. Mr. T. M. Wilford appeared for plaintiff, and Mr. V. R. Meredith for defendant. "What was that Dismissal For?" Plaintiff, who had been employed for many years in the company's service at Day's Bay, but who was not now in that employment, gave- evidence (o the effect that horses belonging to a Mr. Dick had originally been employed on the company's property at "Day's Bay, and since Dick's horses had been oif the work the company had had tho use of witness's two horses until December last. Witness was under the impression that the company wpro going fo purchase the horses, but after failing to get the purchase money he told the manager in October last that.the company would have to pay hire. Cross-examined by Mr. Meredith, witness said that the horses had been continuously in the company's service during the period charged for. Witness had no grievance against the company. Because he. had quarrelled with one member of the company that was no reason ho should quarrel with the lot. Mr. .Meredith: You were livion rent free, were you not? Witness: How can you call it rent free when I was living in my own house? Mr. Meredith: You were dismissed from tho service of the company? Witness: What was that dismissal for? Ask Mr. Zohrab; he's there! "You've had a Hot Time." Re-examined by Mr. Wilford, witness stated that the trouble was on accoun. of some charges which he had made in writing against the manager, Mr. Zohrab. The directors stood to Mr. Zohrab. Mr. Wilford: Since then you've had a pretty hot time? Witness: Yes. Mr. Wilford: Mr.. Williams gave you permission to build the house on the property, and you built it with your own money ?—" Yes." And Mr. Williams handed you over to the comoany-with the sale?—" Yes." And they exercised their right to have you ejected from the house ?—"Yes." Two other witnesses were called on the plaintiff's side of the case, "So, if You Have a Patch on Your Trousers—" For the defence, evidence was given by E. G. F. Zohrab, manager of tho Ferry Company, who stated that Downes's horses had been running On the company's property at Day's Bay beforo being broken in. When they were broken in they were used on the property but without the sanction of witness. There was always special sanction given for the employment of Dick's horses. Downes's horses had'been used-irregularly. Witness had never contracted to buy them. Ho was willing tq buy one, but'Downes wanted to sell both, and the other was not suitable. Had any claim for hire been made while Downes was in the company's service, witness would have settled it, and the employment of the horses would have been finished, ns they were being kept at the company's expense. Al for the harness it was as good as new, as the company had paid to have it repaired! Mr. Wilford: So if you have a patch on your trousers, you have a good pair of pants? (Laughter.) "And You Took no Action For Libel!" ■ In the- course of- cross-examination witness said ho did not want to wriggle out of payment, of Downes's horses, but Downes had the equivalent of the hire in feed and shoeing. Mr. Wilford: Is it not a fact that Mr. Downes made specific charges in writing against you for misappropriation of tho company's property, and the company stood to you and sacketl Downes. Mr. Meredith objected to this question but counsel pressed it, and witness admitted that it was so. Mr. Wilford: And you have since taken no action for libel against him?—" No." Questioned as to tho house in which Downes lived, witness replied that he did not know whether Downes had built it with his own money, but would not deny that it was so. Though he (witness) had said that one of the horses was not suitable to buy ho admitted that he was no judge nf horses. He considered that Downes had got the equivalent of the horses' hire. After Mr. Meredith had quoted authorities on tho subject. Mr. Wilford, in rcplv, said that he did not doubt any of the law (juoled. but it' was as old as the hills, and did not appiv lo this case at all., The magistrate intimated that he would give decision on March 21. CLAIM FOR POSSESSION. In the case of A, K. Paterson v. A. Rizzie. judgment was givou for plaintiff for J338 lis, and possession by April 13,

r.XDEFEXLII'J) (.'ASKS. Judgment by ilcfault was given for plaintiffs in the following; undeiendcd ci'.^es:— William John Parsons v. .lames Knight, Xitt S S ,U, co .t s .!;•! !).-.; \V'elliii.,'i:in Drivers' t'nicu v. Thomas ■ tfnn.ilt hi, .£1 ">., costs 55.; same v. John Pudncy, -tl 35., costs (is.; Kiemon Siege! v. Frank Koberts, -£5 55., costs .£1 .'ls. (i:l.; Thomas Ueoigc M'Carthy v. Samuel, Jasper Hickson, .Clti Js., costs .£2 Is. fid.: Gear Moat Company v. Marv Stewart- .112 12-. 7.1 . costs .£1 Ids. (id.'; T. ami Vi". Young v. J. Toome.v and Co.. .C'.'iO (is. Id., costs -K Ms.; (IriSiths and Co., Ltd.. v. .Mrs Mary B.ny-Icr, -ClO IS?.. cost; 4M 10s. fid.; Evans Hay Timber Co v. J J. M'it»-o, X' 2!) os. 8;1., costs X 2 IS?.; Mary M'Vin-i-h and Joseph Albert Tripe, executors, of will nf Alexander M'Vinish, v. Theodora Anderson, .£ll IDs. fid., cost., £2 Us.; Sargood. Hun, and Ewen. TAtl., v. G. 11. Moss, X2B 17s. 7t1.. costs .£2 Us. ; Briscoe and Co., Ltd.. v. Herbert 11. Hiv, -£10 18?. 8d„ cost's £1 15s. lid.; R. \. Cameron v. Thomas Day, .£4 Is., costs IB?.; same v. Patrick I.undnn, -CO 125., costs j;i fis. fid.; Palmer Engineering C-i Ltd., v. .Martin Shivnan, 18s. 3d.,' costs 55.; 0. Adams and Co, v . K. Williams. ■fA fis. lid., costs ICs.: "New Zealand limes" Co., Ltd, v. Ekatonp and Me»shack, 10s., costs 55.; W. ,T. Connor v. I-idward Bevan. jun., .£2O fis. 6d., costs £.1 4s. JUDGMENT SUMMONSES. Xo orders were made in the followir.-; case.?:—Faulke and ftiesen v. William Stevenson, a claim for .£3 25.; Mary Edith Logan v. James Puddle, .£l3 Is<v. r^. ; Frost and Frost v. Frederick H.\'i.';:!ti, £6 18s. lid.; Sydney Billows v. Laur Aiphonse Augusti St. Romaiii, .£3O 4s. sd • Hole and Holland, Ltd., v. Samuel Carl Mimhe, £S lis. (Id.; Christina M'Kcnzle v. Samuel Carl Minifie, .£l4 4s. 3d.; Ralph Bullock and Lionel Norman Johnston v David X'.VAWj,, Jell. POLICE CASES. •■ (Before Mr. W. G. Riddell, S.M.) After having been- twice remanded, Annie M'Grath was .before the magistrate again yesterday on a charge of bein" a rogue and a vagabond without lawful means of support. -Accused called a'witness lor the defence, and also gave evidence herself. The magistrate held the c.iargc against Her to bo proved, aud imposed a sentence of one year's imprisonment. George Hill pleaded guiltv to a charge of cruelly ill-treating a horse on March 9, by allowing it to be worked while it was m an unfit condition. He was fine,-' •£3, with costs 95., and solicitor's fee -Tr i'r '" dp fault u days' imprisonment S„>- «• -Meredith appeared for the S.P.C.A., and Mr. Buddie for the defendant. . For cruelly ill-treating a horse by working it yesterday morning while siifferin" from ii sore back, John Tlnbert Holland was fined £3, with the alternative of 14 days imprisonment. Arthur Pobar admitted being found drunk in G'huznec Street on -\Vodno=dav night, and also pleaded guilty to having used improper language on the same evening. For tho first offence he ws convicted and discharged, and, for the second, he was lined £1, in default 14 days imprisonment. John Moloney, a man about 24 years of age. was remanded until March '■' on a charge of criminal assault on a ef-I o,gh years „f age On the application •ii i.F- ; T - F '.t''Bil>bon. accused was admitted to bail m the sum of. J!GO, and two sureties of .£3O ea:h.