RESIDENT MAGISTRATE'S COURT. Saturday. [Before T.Beckham, Esq.,R.M.] McKAY V. WILLIAMS.

Daily Southern Cross, Volume XXII, Issue 2866, 2 October 1866, Page 5

RESIDENT MAGISTRATE'S COURT. Saturday. [Before T. Beckham, Esq., R.M.] McKAY Y. WILLIAMS.

Mr. Macdonald for the plaintiff; Mr. J. B. Russell for defendant. Claim, £13 195., for two spars alleged to have been wrongfully taken from plaintiff's yard. John Prater, bushman, Waiheki, deposed that about May last he sent six spars down to Auckland. Two of these spars were for Mr. McKay, but he allowed the whole of them to be given to Captain Williams of the 'Anne Melhuish.' Captain Williams wanted six more, but witness told him he could only send four. He had six, but two of them were for McKay. Captain Williams told witness that he had taken two, but the other two* he could not get into his ports. He said that he had t&ld the boatman to take them away. On Monday morning witness saw four spars at McKays yard. Witness asked McKay which two he would take, and he measured the two largest, and it was arranged that he should have those two. Witness saw Captain Williams to get payment of the spars taken onboard the 'Anne Melhuish.' Captain Williams asked if he had any spars left, when witness said that he had two at McKays yard. These two were brought alongside the 'Anne Melhuish' by Captain Williams's desire. Witness was then paid for the four spars. William Furdie, boatman, deposed to having conveyed the four spars to the 'Anne Melhuish, 1 and to having taken two afterwards to McKays yard. Plaintiff was examined, when a paper was put in signed by him, stating that he would hold the spars which he understood Captain Williams had purchased from Fraser. Plaintiff stated that he had signed the paper to enable an arrangement to be made. Defendant deposed that he bought the whole four spars, and paid Fraser £1 advance on the whole of them. The Harbour-master told him that he must not keep the spars alongside ; and he arranged that the spars should be taken away, and brought back again on Monday morning. Defendant's son was examined. Judgment was given for the defendant.