[Before his Honor Mr. Judge Beckham.]

Daily Southern Cross, Volume XXIV, Issue 3358, 21 April 1868, Page 4

[Before his Honor Mr. Judge Beckham.]

Bis Honor Mr. Judge Beokham entered Court at half-pa^lQ o'olookthia moaning, ,f, f , t r „ ,■,-, ? r Gluco. £35 ss. Id., umbknt'of balwioe due on pro- < Ml*. Appeared for fpUintiff, land Mr. J.,8. B«*ielli6t^lef»d»irt.>''i '".t - ii [ "> - 1 The 'd»bt 1 was ! proyed by plaintiff, and the Gomt i»t«i judgment adoordioglyjf '■ -- > ■■• - Wjif Wftiton applied for tpeedy executiom. No defenoehad been filed to thi action,, and it would be Xfcfolrtip to deprtre. plaintiff of the fruits of. hii ludtttben*. •' • -' lo kj { ' ' ' ' ! ' ' - Bilfion6r Mid I he would examine intoith* ratal bearing 1 «ach bates, and decide the oour«e that would be taken in referenoe ta them under the Act.

;>;i. . Sli •i. DMFMBTfID OA.TJSIB. i X- wius jam 1 others :▼/ ohielm hi^wjciswood. < ->>'Ol«inJ, £90 16». 10d.y damigei. ' > io Thia cam itas »djotjrQ»d by coiutnt until the 11th

I- Clikft, £99 2i. Td.i Ibrcobdi. • Judgment' W»B etfnifdwea for £72 ss. 3d. " ! ikitiaGK. BOK6VAI* vl TOBGIC AND MGQI7ABX. :': ' Tirii iridk^At^ai $6t £100 d»m»g(Bt. '^jL*SwflitWa£iieOord«d r .' '"

f« > 'JjfliWEficnfc TiKRWBT/RY Y. JOSEPH' JUJW. in eiaiia,- / £5Oj !r f^ I»llißged>1 »lliBged> damage ' done plaintiffs Vffttfl, the^Se^'Breeze^ 'and lorn of goods oil board. t'M«i*«.'BiV«ridge' Jr tTid'HeBketli appeared for ilaintinV widMri'M^jOortiiick for defendant. ® SVeaerick"T. J ifewbury^depoiea s On the 28th last PwasHhe owder of » Teasel called the "Sea Breezed I went in to* to Takaptfna Lake on -{hat Bay 1 . u - Ther* 4»efe a number of on ttokr*. 1 On' rettfniirig" to- Auckland tothe evening, •Jrad'whah Standing across' opposite Mechanics' Bay, '%o stf* 1 ttro^rteiwieU- coming 1 'roond'ibe North Head. F 3*«y tfefe dn this dun!* taofc *4d track 'atf ourselves, 7 wibd-rie.ing^sWlyl ' 'Omf of the two resiels, -Wi ! 'bnlto'i <r 'l)awn; r passed us to leeward, and the f " r Waterliry' followed in* the same course, close up ; fc Tt& vessel. 'SbS bore down upon toe. * I called G out to 1 them td go t» leeward. Th«y took no notice, "■ind'came straight* on, and' struck my tesael on the ■ leeward Trideef the stern; The rternpost was started, the veisel smashed, ana she capsized. The defendant 'was 4n charge of th* * Waterlily.' The greater bomber of those on board were tipsy. The defendant was not the worse for drink. My vestel was "worth £20. Witness gave particulars of the pro- • r perty on board. Befendanc asked me afterwards what compensation I expected. I said I expected 1 compensatidn in full. He said I was a 9 much to J blanie as he was. That was not correct, as I could ' not bafe got out of the w»y of the • "Waterlily.' ' • Cross-examioed :We blld * P icD * c ***** &*?' We bad no intoxicating drink on board. I had charge -of the « Sea Breeze.' I was not hailed from the 'Waterlily.' ' Mrs. Newbury and two other witnesses gave ; corroborative evidence. This closed plaintiffs case. Joseph Allen, defendant, deposed : lam master 'of the cutter ' Waterlily.' On the 26th December I came up the harbour about 7 o'clock in the evening. I was on the starboard tack beating up the harbour. The wind was westerly. The 'Dawn' and 'Sea Breezo' were on the tame. It was flood-tide. Those on board the 'Sea Breeze did not seem to be able to manage her properly. I tried to keep away, but could not. I heard my man, who was on the look-ont, tell them to keep to windward. There was nothing to prevent them doing so. My jib-boom caught the matt of the • Sea Breeze. I had not much way on. Those on board made a ruth to get on board the 'Waterlily,' and capsized the •Sea Breeze,' which I saw go astern. Those on board another cutter picked up the sails and oars. The plaintiff was steering with an oar. Steering with a steer-oar, he could have put hu boat out of danger. I told him I weuld give him something to make up for the loss be had sustained. The captain of the « Corsair' told plaintiff that it wtfs his fault that the accident occurred. Cross-examined : My crew were sober and able to de their duty. The jib-boom got foul of the mast of the ' Sea Breeze.' It was the plaiufciff's duty to have kept to windward. Several witnesses were examined for the defence. They stated that defendant had done all he could to prevent a collision, and that plaintiff could easily have kept out of the way. One of the witnesses stated that, the • Sea Breeze' havint? turned to crots the ' Waterlily V bows, the collision could not be avoided. This closed defendant's case. Mr. Beveridge took a nonsuit. JAMIS HC2WKN Y. DANIEL SILLABS. Claim, £28 12s. lOd., for work done and materials provided. Mr. MacCormick appeared for plaintiff ; and Mr. Whitaker for defendant. . James McEwen deposed: I am a blacksmith residing at North Shore. The defendant is captain of the • Tauranga,' iteamer. I performed certain work to the steamer, and supplied materials at the ordinary trade price.— Witnew statei the particulars of the goods supplied, including davits, blooks, &c , without which the steamer could not have gone to Cross-examined : If there was a contract to build a ship and fit her out for sea. the builder would have to supply the ironwork. Mr. Niccol ordered some goods and paid for them. He did not pay for any goods ordered by defendant. I understood the defendant was superintending the building of the steamer. Re-examined ; 1 have often asked defendant for payment. He always put me off from time to time, and eventually refused to pay for the davits* He | did not refer me to any one for payment. J. Inglis gave corroborative evidence as to the supplying of the goods mentioned in the bill of particulars. This closed plaintiff's case. Henry Niccol deposed : I was the builder of the • Tauranga 1 for Captain Sellaw and Mr. Fraser, with whom the contract was made. 1b was not in my contract to supply the davits. I would consider the steamer complete with* out supplying the davits. The defendant was to supply the davits. (Contract produced.) This does not allude to davits. Ido not know that it is necessary to have davits supplied to obtain a certificate. I guaranteed that the boat would go seven knots an hour, and she goes eleven knots. It was specially arranged between Captain Sellars and myself that I was not to supply the davits. The bulk of the ironwork was ordered by me, and paid for. Crosi-examined : I did not order the ironwork charged to defendant. There is no necessity for the builder ordering davits. A great many alterations were made at defendant's request, and for his benefit. Captain D. Sellars deposed : The • Tauranga was built for the Bay of Plenty Steam Navigation Company, and was handed over by last witness in June last. I ordered some of the ironwork, which Mr. Niocol haa paid for, I was agent for the Company. Mr. Niccol was to get her ready for sea. I could : not get a certificate without the daviti being first , supplied. I never agreed to pay for the davits. .This closed defendant's case. bi i The Court gave j odgment for plaintiff.

Zu TBDSXBB Of PHILIP MMPBIBIU Y. WUJJAM A. nv/ GRAHAM. ■hi s Claim, £92 19s. Bd., for good*, &c. is (_rh Anonrait'wai accepted in thii one. ThedefencUnfc eh ,'fbvnag depoaed that he had come 300 miles from viii Porerty Bay, and been detained .in Auckland about C a twenty days, the Court allowed £15 for mileage, and tjUM In. per day expenaes for thirty days. Travelling oiuMxgmMM and: maintenance money (£10) was also allowed George S. Graham, a witness in the case. This cotfcludedthe business before the Court.