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THE COURTS-TO-DAY., Issue 8045, 23 October 1889
RESIDENT MAGISTRATE'S COURT.
(Before E. H. Carew, Esq., R.M.)
James Donnelly v. Robert Smith.—Claim, L 3 12s 4d, for bread and pastry supplied.— Dafendant put in a set-off for LI 5s for shoeing horses, and paid into Court the sum of L2~ Os o£d, saying that this Bquared accounts. —Plaintiff said that the defendant had charged 4s 6d too much in the set-off.— After hearing the evidence His Worship said it was quite evident to him that the parties were disciples of Adam Smith. Each one wanted to sell in the dearest and buy in the cheapest market. Judgment would be giveo for plaintiff for 7s 3d and costs, in addition to the amount paid into Court. Alexander Kilpatrick (Blueskin) v. Daniel Sweeney (Mihiwaka).—Claim, L 7 2* Bd, for goods sold. Mr Solomon appeared for the plaintiff, for whom judgment was given by default, with costs. John Nelson (Stirling) v. Frederick W. Lyders. Claim, L 59 4s sd, for timber supplied. Mr D. Reid appeared for the I plaintiff; MrSalmondfor the defendant.— Mr Reid explained that plaintiff had supplied the defendant, who was a contractor, with some totara for the prosecution of a contract which the defendant had entered into with the Bruce County Council. The con* tract price was 1 Is 6d per 100 ft, and the quantity supplied amounted to L 99 4s sd, of which L4O had been paid on account. The terms were to be cash on delivery. After the whole of the material had been supplied defendant objected to pay the balance of the debt on the ground that the plaintiff had declined to supply certain timber for extras. Plaintiff's reason for refusing to supply this timber was that Lyders had failed to fulfil his part of the contract by not paying cash on delivery.—Judgment was given for the plaintiff for L 55 3s Id, with costs. CITY POLICE COURT. ■ before His Worship the Mayor and Messrs J. Elmer and A. Mollison, J.P.s.) Drunkenness.—A first offender was convicted and discharged. By-law Cases.—A charge against George, William Adams, for allowing his cattle to wander at large, was dismissed, as defendant had been compelled to pay impounding fees. —The Mayor said that in his opinion sufficient punishment had been inflicted by defendant having to take his animal out of the pound, and unless tho offence was an aggravated one that should be enough.—A case against Henry Peter Wilson was dismissed; while Matthew O'HaUoran (three previous convictions) was fined 2s 6d, without costs. For tethering his horse in a public place, George Alexander Hart was-convicted and disoharged. For having unregistered dogs, John Yarrow was fined Is, with costs; and Angus Campbell, John Anderson, and William Sim, jttn., were fined ss, without coßts. Remanded Case.— James Bosmtler, convicted of breaking into the dwelling of John Graham Walker, and stealing a quantity of articles, came up for sentence.— Chiefwarder Armstrong, on behalf, of the probation officer, said that he was instructed to state that Mr Phillips had made inquiries regarding accused. Nothing whatever was known about him in New Zealand, but it had been discovered that his parents were highly respectable persons, who reside in Melbourne. A letter from them regarding acoused would doubtless be received shortly, and he would therefore ask for a remand until Wednesday. —Mr Gourley asked Warder Armstrong if accused was kept away from the other prisoners.— Warder Armstrong replied that he was carefully kept away from the other convicted prisoners—indeed ho was not allowed to communicate with anyone.—The Bench said that the remand as applied for would be granted. Petty Larceny. Ann Morrison alias Isabella Johnston, who had previously been convicted for this offence, was brought up for sentence.—Accused said that she did not intend to take the article.—Sergeant Macdonntll said that accused had been drinking freely before the offence was committed, and hardly knew what she was doing.—She was severely censured by the Bench, and was couvicted and ordered to come up for sentence when called upon. 111-treating Horses. William Cochrane, Benjamin Smith, and Wallace Oitld were charged with ill treating horses by working them with open sorea. Mr J. F. M. Fraser appeared on behalf of the Society for the Prevention of Cruelty to Animals.— The charge against Ould was proved, and he was fined 20s, in default four days' imprisonment. Mr W. Macgregor defended Smith and Cochrane. Evidence was fiven by Inspector Aitken, Pierce ower, William Lind, and John Lambert. It appeared that the inspector saw defendants using a horse which had an ugly open sore on its back. A piece of bag had been placed ovsr the wound, but this only tended to aggravate the sore. Mr Fraser mentioned that it was only in aggravated cases that the society prosecuted. —Mr Macgregor submitted that as the horse had been worked against the direction of Cochrane, the master, the case against him should be dismissed. The employe" Smith Eut the horse in harness for the reason that e was " stuck up " on a steep part of the hill at Maclaggan street, and the horses could not pull up the load. If he had not used the horse in question he would have been compelled to take his dray, which was full of timber, back to North-east Valley.— Evidence for the defence was given by William Cochrane, Andrew Anderson, and Benjamin Smith.—Cochrane was fined 10s, with costs, in default seven days' imprisonment ; while Smith was fined ss, with costs, in default four days' imprisonment.
Provoking Language.— C. M'Kenzie was charged by Fanny Jefferson with using provoking language to her on the 14th inst. Mr E. Cook appeared for complainant; Mr Sim for defendant.—Complainant said that defendant and she were neighbors. On the date mentioned witness's husband remonstrated with defendant about her conduct, but the latter only made an abusive reply. Witness had suffered considerable annoyance at tho hands of defendant for some time paßt. The latter was in the habit of crying oat in an abusive manner m the Btreet.—A number of witnesses were called, but the Bench dismissed the case, as it seemed to have been simply a neighbor's squabble, .
THE COURTS-TO-DAY., Issue 8045, 23 October 1889
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