This Day. (Before the Hon. J. C. Crawford, R M.)

Evening Post, Volume II, Issue 77, 10 May 1866, Page 2

This Day. (Before the Hon. J. C. Crawford, R M.)

Thomas Smith, who was liberated from prison yesterday, after 3erving a term of six months' imprisonment for keeping an irregular house, was brought up charged with being drunk. Prisoner confessed the fact, but said that in his then weak state after leaving prison, he had taken a little liquor, which overcame him. i His Worship said that the prisoner was making a very bad beginning after his liberation from prison. He should fine him 10s, or in default 48 hours' imprisonment. William M'Neill, also charged with drunkenness, did not appear to his bail, which was forfeited. DEBT CASES. J. S. Smith v. Fred. Dyett—This was a clnim for £20, being the balance of an account and interest due on a note of hand. Judgment for amount claimed and costs. • Elliot v. White—Claim for £11, for wages due. Mr. Buckley appeared fay the plaintiff and Mr. Borlase for defendant. James Elliot, sworn —l agreed with defendant, Captain White, to ship as boatswain in the Black Swan, from London to WellingI ton, on the 19th December last, at the rate of £4 a month ; I got the discharge produced on my arrival in Wellington ; there is three and a-half months' wages due to me j when I asked the captain for my discharge he at once said he would not give it to me, but did so afterwards ; he has refused to pay me the wages due. Cross-examined by Mr. Borlase—l engaged to tjo on board the Wanganui steamer on the 2nd ; I spoke to Captain Lowe on the sth or 6th ; I do not recollect that the cap. tain told me that if I left the ship I should forfeit my wages. Re-examined—lt was when I had my discharge in my pockfit that I went on board the Watiganui. Henry White, captain of the White f-wan, said —Plaintiff came to me and said he was willing to be discharged without any wages ;

I went with him to the Custom House, and in the presence of another witness, I told him that I did not wish him to forfeit his wages, and he said it was too late for the people would not pay any attention to him ; he preferred to take his discharge ; he then said he was destitute, and I gave him 30s to bring his things on shore ; if he had not taken the money I should not have discharged him. Mr. C. Ward, of the Customs, proved his handwriting on the discharge produced ; plaintiff suid he was qtiitp satisfied to reueive the 30s paid in full discharge. Mr Buckley here withdrew the case, and judgment was recorded for the defendent. Robert Stains v. D. Bruge, £3 9s 6d — Judgment by consent for amount and costs. v. Cooper, £6 14s 3d— Judgment for plaintiff for amount and costs.