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THE COURTS—TO-DAY.

MAGISTRATE’S COURT. (Before E, H. Oarew, Esq., 8.M.) Judgment was given for plaintiffs for the amounts claimed, with costs, in the following undefended cases ;—Phoenix Company, Limited v. James Wood (Kumara), claim £7 10s 103, for goods supplied (coats, 10s) ; Micbaelis, Hallenstein, and Farquhar v, Andrew Hewitson (Waitahuua), claim £8 Is, for goods supplied (costs, 10s). Joseph Cox v. John Brinsell.—Claim, £5 13i, on a judgment summons,—There was no appearance cf debtor, and His Worship made an order for the payment of' the amount in instalments of £2 each, in default eight days’imprisonment. David 'Baxter v. John A. Evans (master of the ship Taranaki).—Claim, £3 Is 63, for damage done to a cask of whisky by alleged improper stowage. The Hon. J. MacGregor appeared for plaintiff and Mr W. 0. Mao■Gregor for defendant.—ln this previously .heard case His Worship gave ; judgment as folkws:— . In the face of the evidence for the defence that Captain Thomson surveyed the cask before it was broken out, and that it was well bedded and properly coigned, and the bung nearly at the highest point of the cask, theoretical evidence that the damage was caused by improper stowage cannot have much weight. Messrs Fleming and Carter, who, as they are coopers by occupation, I may consider the principal expert witnesses for the plaintiff, differ entirely as to the cause of the cask leaking. Mr Fleming attributes it to the bung not being uppermost; Mr Carter says the question of the bung being up or not does not affect the question, and that the cause of the damage in his 9pinion was that the cask was riding on a coign. Plaintiff’s other witnesses agree with Mr Fleming. The evidence' of Captain Thomson, Captain Evans, and Mr Cameron, who examined the cask before it was broken out, is that the bung was very slightly off the plumb, not more than two or three inches, and that it is quite probable the working of the ship may have caused that. Captain Thomson has a great deal of experience and is a reliable witness, and he has sworn that the cask in his opinion was properly stowed. The onus of proving that the damage was caused by' improper stowage lies upon the plaintiff, and in my opinion he has failed. Judgment for defendant, with costs (48s). Riley Brothers v. Thomas Stevenson (carrying on business as the New Zealand Engineering and Electrical Company).— Claim, £27, for coal supplied. Mr Fraser appeared for plaintiffs, and Mr Woodhouse for defendant.—This case was adjourned from Monday, and after further evidence had been called His Worship reserved his decision. CIT¥ POLICE COURT. (Before Messrs W. D. Hanlon and J. H. Hancock, J.P.s.) Drunkenness.— Ellen Finnegan was sent to gaol for one month. Vagrancy.— Lucy Smith pleaded guilty to a charge of this nature.—Chief-detective O’Brien stated that accused was before the Court last week on a similar charge. She then pleaded guilty, and asked for time to leave the town, which the Bench granted her. bne had, however, failed to carry out-her promise, and had been knocking about the streets the same as usual.—Accused said she had sprained her ankle, and that was the reason why she was still here.—The Bench gave the woman another week in which to leave the town. George Stanhourglymi Ann Millicent Stanbourgh, who were similarly charged, pleaded guilty to not having a home.— The Chief Detective stated that these proceedings had been taken on account of complaints that had reached the police during the last three months of the accused begging at different houses in the town. The woman usually begged at houses while the man waited outside. The female accused, if successful in getting money, would very often visit the nearest public-house. During the last three months the woman had been several times convicted of drunkenness, while the man had also been seen under the influence of liquor. —The Bench adjourned the case for a week in order to give the accused an opportunity to leave the town.

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https://paperspast.natlib.govt.nz/newspapers/ESD18971112.2.33

Bibliographic details

THE COURTS—TO-DAY., Issue 10469, 12 November 1897

Word Count
671

THE COURTS—TO-DAY. Issue 10469, 12 November 1897

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