WAIPAWA.

Daily Telegraph (Napier), Issue 4733, 7 October 1886, Page 3

WAIPAWA.

♦ [OWW CORRESPONDENT.] This day. At the R.M. Court yesterday, in the case of B. B. Johnson v. Williams, better known as " Boatswain Bill," it was shown in evidence that on July 2nd, defendant gave a cheque for £20 while drunk to one Herman a travelling'jeweller presumably for a chain and locket, either just before or just after ho had been expelled from a jewellery sale held by plaintiff at Maroney's hotel. The signature on the chequo Bhowed the difference between " Phillip drnnk and Phillip sober." In settling with Herman on the eve of his departure he prevailed on plaintiff to take tho cheque, for which Mr B. B. Johnson gave his own cheque on the same bank for the same amount. When " Phillip " recovered he went to the bank and stopped payment, and now declared that he never got any consideration for it. A novel feature in the case was tho discovery that the cheque was dated in the year " 188," which Mr Lee, for defendant, contendod was barred by the statute of limitations, but Mr Loughnan a witness to prove that tho book from which it was taken had been issued to D. Moroney in May last. Tha R.M. non-suited the plaintiff, with 15s costs, 25s witnesses', and 31s 6J defendant's solicitor. Mr Lee held that in such a case as this plaintiff ought to be able to support his own evidence by producing his cash-book and ledger, with the cheque actually cashed that he gave Herman in exchange for Williams. Tho R.M. took the same view. Tho claim was for £20 7s.

' Ro'ole y. Stevens was a judgment summons against the Kaikora poundkeeper,'foi a former award of the Court. Defendant did not appear. Mr Loughnan elicited evidence for the plaintiff, showing that it had been within defendant's means to pay tho claim since judgment was given. An order was mado that the sum claimed, with 18s costs, 42s witness, and 21s solicitor, be paid forthwith, or in default 14 days' imprisonment. Harding v. Hoani Wiremu, represented respectively by Mr Loughnan and Mr Lee, was a claim of £10 for damage inflicted on plaintiff's sheep on the hill near the pah, and opposite Waipawa. The evidence of several witnesses showed that on 24th September certain dogs worried 3 sheep valued at £1 each, and 2 lambs worth 6s each, and then retreated to the pah and were afterwards identified. Judgment for £3 12s, with 25s costs, witnesses 28s, and solicitor 21s.

Mr Duncan Guy will probably return to Napier on Saturday next.