ALEXANDER. (FROM OUR OWN CORRESPONDENT.) July 16.

Daily Southern Cross, Volume XXII, Issue 2808, 26 July 1866, Page 4

ALEXANDER. (FROM OUR OWN CORRESPONDENT.) July 16.

On Tuesday, at our Kesident Magistrates' Court— R. M. Mainwariug, Esq., R.M., W. St. Olair Tisdall, Esq., J.P., and IS. Waddington, Esq., J.P., on the bench — the following cases were disposed of. viz. : —

Civil Cases. — Peterson v. Vaughan aud Co. : Claim, £11 6s. lOd. for timber supplied. Plea of set-off for full amount. Defendant admitted, the receipt of the timber ; but pleaded that plaintiff and the obher parties who cut the timber were in partnership, and. between them they owed more mouey than the value of the timber came to. He produced an agreement signed by them, by which they undertook to work it out. The Bench mled that the partnership was made out, and nonsuited the plaintiff.— Meredith v. Murray: Claim, £8 for part share of building a bridge. Defendant admitted the work done, bub pleaded that the contract undertaken by plaintiff himself and others was for a bridge 80 feet long, with approaches, at£L per foot, and two cuttings at 9d. per yard. At the bridge woik they could eatn wages, but not at the cuttings, aud Mr. Todd, surveyor, refused to give a separate contract. They were obliged to undertake the two. The party engaged on the job consisted of five, four of whom had after building the bridge completed the cuttings. Plaintiff, however, when the bridge was finished, left the job, refusing to complete the cuttings. £8 on account had been paid. The case was remanded in order to obtain Mr. Todds testimony as to the contract. — Connor v. Pinnerty : Claim for 10s., work done. Defendant pleaded the amount had been paid. A great deal of conflicting evidence was produced, and considerable warmth of manner displayed by both parties. Plaintiff was nonsuited. — Neilly v. Leary : Claim £5 for damages done to two cattle by shooting at, and wounding them with slugs. " Defendant denied the charge. Plaintiff's evidence, which was borne out by other witnesses, will fully show this case. He said : On the morning of 4th May last I went to milk my cows. I found one had been shot with lead, and one was missing. I afterwards found her near the defendant's acre ; she was bleeding from the Bide. From information I received I obtained a search warrant, and accompanied the constable and another man to defendant's house. He was out. I asked to see his rifle ; his mother objected to produce it^ The constable seized it, and on examination it bore" the marks of having been recently discharged. It was examined by the Armourer Sergeant, who said it had been but lately fired off, and that slugs or lead had been used, not a bullet. Next morning defendant was brought over to me by the constable, with a view to settle the matter out of Court. I said,' " Leary, you must be a cruel man to shoot my cows." He answered, " I did notknow they were your cows." — Some pieoe« of lead taken out of the cow were produced in Court. The Bench, severely commenting on the nature of the offence, fined defendant £5 and full costs. — Neilly v. Asmas : Cairn, 19a. 6d. for expenses incurred by plaintiff in proceeding to Auckland as his bail. Judgment for plaintiff with costs.

C Criminal Case. — Murphy v. Barbells : .The nformation laid charged the defendant with {illegally detaining a horse the property of the plaintiff, valued at £IT. The evidence showed that both parties had fairly bonght the horse, which had formerly belonged to the Military Train. Plaintiff had bought it at the Government sale at Te Awamutu, for which he produced a receipt. Defendant had bought it at Kangiawhia from a corporal of the Transport Corps, lie also produced- a receipt. Defendant further stated that he had taken every step he could to find out where the person who sold him the horse had ?one to-, but without success. It was believed he had left the colony. ' The Bench, while admitting their belief that the defendant had acted in good fiiith in buying the horse, were compelled to order the horse to be given up to plaintiff.