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THE COURTS-TO-DAY., Issue 8047, 25 October 1889
RESIDENT MAGISTRATE'S COURT.
(Before E. H. Carew, Esq., R.M.)
H. Gourley v. William Roberts (St. Kilda).— Claim, L 3 lis, on a judgment summons.—The defendant not appearing and no excuse being offered on his behalf, an order was made for payment of the amount by the 31st inst, in default fourteen days' imprisonment. M. M. Jones v. William Andrew Young. —Claim, L 25, being 5 per cent, commission on the sale of the Palace cars, which were sold for LSOO. Mr Sim appeared for the plaintiff; Mr Calvert for the defendant.— Mr Calvert stated that the defendant bad wired to him from Christchurch asking him to get a fortnight's adjournment in this case. The plaintiff objected to the adjournment.—His vVorship granted an adjournment till the Ist prox. on payment of a guinea professional cost, but intimated that no further adjournment would be allowed. O'Donnell and others v. Moritzson and others.—Claim, LSO 17s Bd, for butter sold. Mr James for the plaintiffs; Mr Fraser for the defendants.—The plaintiffs in their evidence admitted that they had supplied the butter to the defendants for sale on commission.—Mr Fraser submitted that plaintiffs must be nonsuited. The defendants were in a large way of business as agents selling on commission, and their books failed to show one single record of a transaction where they had bought butter.—His Worship Baid that the evidence already given showed that the defendants were merely brokers so far as the present transaction was concerned; bat they had sent the butter Home for sale. The question was whether under their instructions they were justified in shipping the butter to London. Under a decision of Mr Justice Williams, where the evidence disclosed any cause of action the pleadings could be amended.—Evidence having been given for the defence, His Worship held that plaintiffs had acquiesced in Moritzson's action in shipping the butter Home. Judgi ment was therefore given for defendants, with costs.
CITY POLICE COURT.
(Before Messrs J. M. Ritchie and J. P.
Drunkenness.— Joseph Rennie (a colored man) was fined 10s, in default forty-eight hours' imprisonment; Elizabeth Lindsay (thirty-one previous convictions) 40s, or six days'; and two first offenders were convicted and discharged. Disorderly Behaviour.— Frances Griffen alias Richens, charged with behaviour calculated to provoke a breach of the peace, did not appear. Evidence given was to the effect that on Monday night defendant created a disturbance in Stafford street, causing a crowd to congregate. Subsequently she tried to smash in the door of the house in which she lived, and had a violent quarrel with her husband. He was a welldisposed man, but defendant was uncontrollable when in drink, and an offence to the neighborhood.—Fined L2, with the option of a month's imprisonment; defendant also to pay 5s expenses of one witness. Alleged Assault and Robbery.— John Rodqers Henderson and Annie Murdoch pleaded not guilty to a charge of assaulting William R. Waite on the 6th inst. and stealing from him eight LI notes, one silver watch and one steel chain (value L 4), one note-book, and sundry papers. Mr Stanford appeared for Murdock.—Chief-detec-tive Henderson applied for a remand until Wednesday next. Complainant was at present a prisoner working at the Heads, and could not conveniently attend until then.— Mr Stanford had no objection if his client were allowed her liberty in the meantime.—Detective Henderson said the police would leave the question of bail to the discretion of the Bench. If bail were allowed, it would be as well to make it substantial, as the offence was a serious one.— Remand granted ; each accused to enter into a recognisance in the sum of LSO, and to find two sureties of LSO each.
Fleecing a Miner. Priscilla Crofts alias Wiseman was charged with stealing six LI notes from James M'Pherson. Mr Stanford, who appeared for accused, said that his client had no alias ; her name was Wiseman. She pleaded notguilty.—Sergeant O'Neill conducted the prosecution. The story, as told by proseoutor, was that he was a miner belonging to the Rock and Pillar district, He arrived in town yesterday, and drove in a cab to accused's house, having then Lls in his possession. While in the house he missed his purse, and on picking it up found the money con tained therein was L 6 short. Accused was the only one beside himself who could have had access to the purse.— Constable Gleeson said that prosecutor complained to him of having been robbed. Witness went to the house and made a search for the money, but without suocess. Informant was sober enough to know what he was doing.—Mr Stanford pointed out that the case against accused rested solely on the evidence of prosecutor, and as against that his client absolutely denied having taken a shilling from him, so that it was a case of one statement against another; and as, between the two, accused's was the more supportable, seeing that no money was found either in her house or on her person.—Accused, being sworn, said that prosecutor was muddled when he went to the house. She bb.w no money -with him. He slept for a couple of hours, and had partially recovered when he woke up and said he had been robbed.—William Cole, who was living at accused's house, said that accused did not go into his room during the night.—After a short retirement the Bench said they were of opinion that there was sufficient evidence to send aocused for trial. Bail would be allowed, accused in LIOO and two sureties of LSO each.
Breach of the Peace.— Thomas Myall and John Lechie were charged with creating a breach of the peace in St. Andrew street on the 19th inst. Both aocused pleaded guilty.—Mr Hanlon appeared on behalf of Myall, and addressed the Bench in mitigation of punishment, urging that the offence was not of a serious character.—Sergeant O'Neill said that aocused had been fighting and making a terrible row, which, however, ceased on the appearance of the police.— Fined 5s each, in default forty-eight hours' imprisonment.
THE COURTS-TO-DAY., Issue 8047, 25 October 1889
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