COROMANDEL. (FROM OUR OWN CORRESPONDENT.) RESIDENT MAGISTRATE'S COURT. November 8. [Before H. C. Lawlor, Esq, R.M.] SMITH V. CLARK.

Daily Southern Cross, Volume XXII, Issue 2903, 14 November 1866, Page 5

COROMANDEL. (FROM OUR OWN CORRESPONDENT.) RESIDENT MAGISTRATE'S COURT. November 8. [Before H. C. Lawlor, Esq, R.M.] SMITH Y. CLARK.

This was a claim of £15 damages for nonfulfilmeot of agreement. Mr. De Thierry acted as interpreter. Henry Smith, sworn, stated that on the 17th of October lilt, he entered into an agreement with defendant, and that, he (Smith) not understanding Maori, requested Mr. Gallaway to interpret for him. The terms <f the agreement were as follow ; — Defendant was to deliver up to plaintiff the cutter 'Victoria,' on her return from town, for a period of three months, and was to receive for the Ist month £12, and for the other two £11 per month. Plaintiff went to take possession of the boat on her return from town, bat found two Maoris on board who would not give her up. Cross-examined : I met you with Edward Davis on the leach when I first spoke about the vessel, Davis told me I was to have her. By the the Court : The dooument now read in Court is the agreement made between us. It was interpreted to defendant, but a Maori copy was not prepared. -No copy of the agreement was furnished to defendant. John Callaway, ■worn, stated : I remember the 17th of October, and was at Kapanga that day. I met both plaintiff and defendant. lam acquainted witn both. They asked me to do them a favour, viz , to interpret and effect aa arrangement between them about a vessel, the „•„ • Victoria.' I replied that I would de it, but asked defendant if he had not better see his wife before completing this business. He replied, " Don't you know I am Adam ? Was there any man before me !" Plaintiff told me that he wanted to charter the vessel, and defendant seemed willing to hire it. I remarked that, as they seemed unanimous in their wishes, there was hardly any necessity for an agreement. However, Mr. Kelly, who was with us, drew one up, and I saw both parties sign it. I also signed it myself as witness. Defendant then said he was going to Kennedy's Bay'; and if he should not be back in time, he told me that when the vessel arrived plaiutiff was to deposit £12 with me, and if I should be away the money was to be left with my wife. 1 had money in my hands at the time belonging to plaintiff, who had been in my employ ; but plaintiff gave me £12 in case I should not have money at the time. The money was paid a week after the agreement was drawn up. By the Court : I know the • Victoria.' She is a cutter of about 21 tons. I have hired vessels. I have chartered this one. Ido not consider £15 to be too much. William Kelly deposed to having written out the agreement, and corroborated the above evidence. Adam Clark, through a sworn interpreter, stated : I am an aboriginal native of New Zealand, and live at Oamaru. [ remember signing an agreement, but do not remember the date. The agreement now produced is the one. It was translated to me, and made out with my consent. I understood the conditions, and knew that the money was to be paid into Mr. Callaway's hands, but do not know if it was done. The money was to be paid at the arrival of the vessel from town, and the vessel handed over to plaintiff. I was away when the vesiel arrived. The reason I did not give it up was that I heard that plaintiff intended to take it round Cape Colville to Napier. We had before agreed that the vessel was not to leave the Hauraki Gulf. Cross examined : You did not tell me that you were going to take the vessel round the Cape, but you told another native. I heard it from Victoria and other natives. By the Court : I said at the time that the vessel was not to go round the Cape or to the North, but it was not in the agreement. I asked for a copy of the agreement, but Mr. Callaway said, "Why do you want one ? This willdo.'''This one produced is not the agreement. 1 wrote my name on the agreement, and put my mark as well. Mr. Kelly and Mr. Callaway, recalled, swore to the agreement produced being the same one. •i£)roig*examiaation continued : I remember Mr. Callaway saying, "Sign your name," and I did no. I

had tatted no liquor at the time. The document was signed in the coffee-room of the Commercial Hotel. liigned only one paper. I am the sole owner of the • Victoria. ' This endnd the case, and hii Worship, after remarking upon the unbusinesslike manner in which the agreement was drawn up, gave judgment for plaintiff for £0 15a. and costs.