RESIDENT MAGISTRATE'S COURT. Thursday. [Before Thos Beckham, Esq., R M ] HOBEN SHEEHAN.

Daily Southern Cross, Volume XIX, Issue 1951, 17 October 1863, Page 3

RESIDENT MAGISTRATE'S COURT. Thursday. [Before Thos Beckham, Esq., RM ] HOBEN SHEEHAN.

In this case, Mr. Wynn appeared for the plaintiff, and Mr. Merrhnan for the defendant. Adjourned for a week, on defendant paying co^ts of the day.

BUSSEM. Y. CUNNINGHAM. This case was adjourned fiom last Court day, for the pioduction of f in ther evidence. Mr. Brook field appealed for tlie plaintiff. The subject of action was the quality of milk supplied by the plaintiff to the defendant. Further evidence having been taken, judgment was given for the plaintiff.

THATCHER Y. BARRY. An action to recover £27 135., interest on a mortgage. Defendant pleaded that the land had been impiopeily sokl without notice, anil below its value. Judgment passed for the plaintiff. lIAVILIi Y. MACARTHT. Claim, £8 17s. Itl , for goods supplied. Defendant did not appear. Judgment by default for the plaintiff.

BUCHANAN V XfILSOK. Claim, £3 10". 6d. for goods supplied. Judgment for plaintiff by default.

NICHOLSON Y. COOTE. Claim, £35, balance of wagei due. Mr. Meniiuau appeared for the defendant, and offered a eompioinise, which the plaintiff refused. Maik Edwin Nicholson, the plaintiff, being examined by Mr. Mertimati, deposed: I agie'ed with Shaw aud Saville's agent, Mr. Moore, to como out in, the ship ' Tyburnift,' na surgeon, for £50 and a cabin passage. On going aboard, I found my cabin let and occupied; on account of which I was to have £20 additional.* Mr. Shaw expressed himself satisfied with this at the time, ami Captain Coote told me that it was all light, and that Mr. Shaw was satisfied. I have been paid £35. and claim £35 more. Cioss-e\amined by Mr. Merriman: The document pioduced, is the original agieetnent. The receipt is in witting. (A letter fiom Mr. Moore to Shaw and Saville, was put iv and lead. Mr. Moore there slated that Mr. Nicholson had understood that he was only toha\ehalf a cabin.) I produce the ship'i articles w Inch show I was to havo £70. * I have sailed many voyages before, and never had half n. cabin in my life. I was a little excited by liquor once dm ing the voyage. A passenger named Giles died of small-po\. I was not too drunk to attend to him just befoie he died. Captain Cooto and Shaw and Saville's manager were present when the £70 entry was made by one of the Government officers who passed the ship. Captain Coote examined by Mr. Meiriinan, deposed : Entiy was made at Gnivesend on plaintiffs misrepiesentntion. I received the letter of the 19th June in Auckland. It was the Ist of Juno when we sailed. 1 thinlc plaintiff neglected his duty as surgeon of the fchip. He was intoxicated four or five times. He was intoxicated bhortly befoio Gile»'s death by small-pox. Cuiss-exnmined by defendant: I cotild not swear that that illuesi you had befoie Giles's death vns intoxication. I think it was partly due to drink. You seemed to get well bo very quick. According -to your

■tat&nenfc there were 85 ouci of small-pox onboard. Onlyo m wo* fatal. X'haro heard complaints against . yoi\. JTJiav&nQ .complaint* Entered ftrttarltig'againsV "you during the voyage, i I'thhik you did sometimes fail to go through the iliip morning and evening. , Henry Barton deposed: I was a passenger 1 by the ship 'Tyb'urnia' during thei voyage. I thought' Mr. i .Nicholson^ oonduct.jdnring- tho voyage Ws grossly ' Wgleclfuj. ,H;s complaints of the- ncconimoilatinn 'of tho ship caused a panic amongst the passengers. I saw Mr. Nicholson drunk while Giles was ill, and once afterwards. ,•" , , Crow-examined: You neglected Giles'on a Sunday ■when ho wan ill. I don't mean the two days before his 'death. Giles was in tho .hospital five or t>ix •weeks. ' " ~ Thomas Booker, deposed :-, I came out as chaplain iri the ship''Tyb'urnin,! Mr. Nicholsons conduction the passage was the icveiso of what I should havo expected fiom a mudicnl officer. I frequently saw him intoxicated. At the earlier stage of Giles's illness he was ni'gleotod f6r twenty-four hours, at least; while Mr. Nicholson'was intoxicated. The two'days' , confinement to hit cabin was also preceded by a fit of intoxication. On the second day he got well suddenly and joined in amusement, but did not visit Giles. I ' once remonstrated With the plaintiff in a ftiendly letter. Robert Walker deposed: I was a passenger on board the Tyburnia, I have seen the Doctor intoxicated twice. Cross* examined : You were a sober man during the early part of the voyage ; I don't think yon always drank your allowance of wine. Dr. Nicholson said he was not in n position to disprove statements of this kind. lie could only deny them and appeal to the official log; and to the testimonial he had received from the p.issengeis. Judgment was reserved till Monday. FLORENCE Y. DIXON. Claim £2 4*. damages to fixtures in plaintiff's house which had been tenanted by the defendant. Mr. Beveridge appeared for the defendant. Evidence having been heard, tho plaintiff was nonsuited.

DRURY Y. WATiKER. Claim £5 10s. 9d. for goods supplied. Judgment for plaintiff by default. BAUTON AND REID Y. DINGWALL Claim £20 lGs. for goods supplied. Mr. Hill for the plaintiff. .. Judgment for plaintiff by default.

KEtT,Y Y. KENNEDY. Claim £1 165., for rent. Defendant paid 6s. and costs into Court and pleaded ft sot off £1 10s. for the use of a cellar in which plaintiff had put his horse. Judgment passed for the plaintiff.

KELLY AND WILSON t>. MACAUTU. Claim £1 7s. Gd. for goods supplied. Judgment for plaintiff by default.

MACMAHOJJ Y. NICHOLSON. Claim £11 cash lent. Judgment for plaintiff by default.