RESIDENT MAGISTRATE'S COURT.
(BeforeE. H. Carew, Esq., R.M.)
William Dick v. John M'Meikan,—Claim, L 0 14s 2d, for grazing cattle. Mr D. D. Macdouald appeared for plaintiff; Mr A. Bathgate for defendant. —The case having been partly heard, Mr Bathgate raised the nonsuit point of non-joinder, it appearing that the sons were part owners of the farm, while the summons was against defendant only.—His Worship agreed with Mr Bathgate, and nonsuited plaintiff, remarking at the same time that the mistake was evidently no fault of Mr Macdonald's, the summons having been taken out by plaintiff himself.
Charles Colclough v. D. Harris Hastings (trading as R. Anderson and Co., blacking manufacturers).—Claim, LlO, for advertising.—Mr Mouat, who appeared for plaintiff, said that Mr Hastings had been a member of the firm of Anderson and Co., and had authorised the advertising. Plaintiff had never known anyone in the matter but Mr Hastings. He (Mr Mouat) believed that Mr Anderson had called a meeting of his creditors, but plaintiff did not know what was done thereat, Mr Hastings was personally responsible te plaintiff.—Plaintiff gave evidence to the effect that the advertisements were put up on the railway advertising boards in fulfilment of his contract. The agreement was for a year.— Mr Macgregor submitted that there was no case to answer. The plaintiff had not proved the contract—all he had proved was half the contract, as shown on the block of the order book. There was no saying what the other part of the contract might show, and until the complete contract was proved plaintiff could not succeed,—Mr Mouat said that he would ask for an adjournment if necessary, but he did not know whether he could produce the document; it might have been destroyed. His Worship remarked that Mr Mouat could, if he chof>e, put defendant into the box and ask him if he had the documentin his possession.—Defendant being examined, Raid that when he withdrew from the firm the document was handed over to the new firm with the rest of the papers. When ho went out of the firm he had nothing more to do with it.—Mr Mouat said that he would ask for an adjournment.—His Worship was about to grant it, when Mr Macgregor said that he would consent to secondary evidence being given as to the document. Plaintiff thereupon drew up what he believed to be a fac-simile of the order. Mr Macgregor submitted that this was "a try on." Plaintiff had signed a releasing deed, and therefore could not recover ; and, as a matter of fair dealing, he knew of the circumstances surrounding Mr Hastings's retirement from the firm, and that he would have to look to the new firm for the money.—Evidence on behalf of defendant was given by Owen James Hodge and T. G. De Renzy, and by defendant himself.—Mr Mouat submitted that the release referred to did not cover more than the specific debts mentioned.—His Worship said that there was a great conflict of evidence, but there was no doubt in his mind that Mr Colclough's memory was wrong as to what took place. He had evidently intended to make a fresh contract with the new firm. Judgment would be for defendant, with LI 9s Cd costs.
CITY POLICE COURT.
(Before Messrs G. P. Farquhar and S, Elborn, J. P.p.)
Drunkksess, Edward Murray and John Keefe were convicted and discharged ; Anijim NichoUon (who did not appear) and Etekld Hodyers were each fined ss, in default twenty-four clays' imprisonment. A Bau Character.- Isabella Falconer was charged with being a prostitute, and with behaving (in a riotous and disorderly niannor in Jetty street on Saturday night.— Sergeant-major Bevin said that this was accused's thirty-fourth appearance in the Court.—Constabb Kutlodge and Sergeant Gearin gave evidence as to accuseds chiraetor, after which the Bench sent her to ra I for a month. Obscjsnk Lanuuaoe.— Emma Lane alias Slacey pleaded guilty to a charge of making use of obscene language within the hearing of paßsers-by in Stafford street on Sunday.— After the facts of the case had been stated by Sergeant-major Bevin accused was sentenced to a week's imprisonment. Juvenile Thieves.— Conrad JBasan (15) and Alex. Allan (14) were charged with, on October 11, stealing from the Princess Theatre a quantity of tickets, the property of Charles Warner.—Basan pleaded guilty and Allan notguilty.andattherequestofthepolico the charge against Allan was withdrawn, as it had been found out that he only received the tickets from Basan. —Constable Cruikshanks stated that he arrested the boy Basan, who confessed to him that he had taken eleven pit tickets and two stall tickets from the office in the theatre.—Sergeantmajor Bevin said that accused's parents lived in North Dunedin ; he had been b - fore the Court on four previous occasions.— Accused was fined 20s, in default seven days' imprisonment. Alleged Indecent Assault.— John Boss was charged with, on the 12th October, indecently assaulting one Caroline Viney, and ill-treating her. Mr Hanlon appeared for accused. —Detective Henderson said that the complainant's parents lived in Stafford avenue, oft' Walker street, and on Saturday afternoon they left home to do some business in the town, leaving their children behind, the complainant, aged ten, being one of them. A man came to the door selling pastry, and when complainant, in answer to questions, told him thr.t her mother was not in, ho asked to be allowed to go into a yard to sort his basket, and the little girl gave him permission to do bo. He then sat her on his knee, gave her a cake, and committed the assault complained of. A woman living opposite would be called to prove that she saw accused going from her place to the complainant's house. Accused was arrested yesterday in Walker street by Detective M'Grath, and was afterwards placed with four other men, and complainant picked him out as the man who had assaulted nor.—Charles Robert Viney, Mrs Viney, Caroline Viney (complainant), Edith Viney (aged eight), Amelia Dale, and Detective M'Grath gave evidence.—Mr Hanlon addressed the Bench on behalf of accused, pointing out that the case depended entirely on the evidence of the two little girls, and they had evidently been very well coached by their mother as to what to say.—Accused was committed for trial. Bail was allowed, accused in L4O, and two sureties of L2O each.
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THE COURTS-TO-DAY., Evening Star, Issue 8037, 14 October 1889
THE COURTS-TO-DAY. Evening Star, Issue 8037, 14 October 1889
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