A Day in the R.M. Court

Gisborne Standard and Cook County Gazette, Volume IV, Issue 579, 7 March 1891, Page 3

A Day in the R.M. Court

THE WAND OF JUSTICE. When the mind is not agitated by sc-me great question each as that o£ Federation, and can be bronght to take an active interest in the little things that go to make up life, a day may sometimes prove interesting in the KM, Court, always providing of course i hat you do not happen to be a party to any action. On Thursday Captain Tucker and Mr H. Lewis. J.P.’s, left ’heir ordinaly occupations to fu-fi their commissions in the service 'f Her Majesty, and at 10 30 there was a full attendance of citizens. The non-dt fended cases were dealt with first, and the field was soon clear for THE DEFENDED One that came under this head was that in which a Chinaman sued a youth for doing damage to seme goods in bi-* shop. The youth admitted being 'here, but hi« intention seemed to be to plead that “ it wasn’t me, sir,” he being one of a number 'hat were preeenr. The case was left to take its turn, and then a claim for £4 4«, O’Neil v. Graham, wa- h a»d. Mr Jones appeared -for the pain'ff and Mr Cbti-p for the defendant, and a delightful stat- of confusion soon prevailed. When Mr O’Neil bad concluded his evidence Mr Chiisp raised the point that it was a c aim by one partner against the other, and law books were freely quoted on eilh r side, the Bench eventually ruling against counsel. Then Mr McHugh was called by the plaintiff's side, and he deposed that it was recognised the amount claimed was due at the time the contract was completed ; and here followed the battle. It is said that figures can be made to prove anything, and •• certainly counsel for either side in this instance made the figures give very different proofs, while the gent'emen on the Bench were having some evidently interes iog debates among themselves. Af er nearly two hours had been occupied with the case, it was agreed to have an adjournment, in the hope that some settlement would be arrived at between the parties. THE PATIENT PUBLIC who had been compelled to remain within the precincts of the Court while the du-1 ha t been proceeding now began to relax in 'ha' virtue, and each on? wanted to be n xt, being content to put eff their fellow-sufferers with the u after me you shall be first’ 1 * style. Mr Harding said he had been waiting all the morning, and could doc possibly be there again at two, while ail be was wanted for was to say that he was a Trustee of the Druids’ Lodge. Mr J- hnstone said that if one such exception were allowed there would Bt once ba a score of other applications, and each must be taken in their order* but h? tuagesied that Mr Harding might get the other person concerned to admit the formal evidence. In this Mr Har- log was apparently luccessful, tor he sbor'ly after retired looking as p eaeed as if he had ready won a case But Mr Joyce had not been allowed to go so easily, and be emphatically remarked that his case came next in order, and bad thus been read out, but M< J hnstone’a word, like that of the Recording Angel, wa* not allowed to be appealed from, and Mr Joyce had to bide i wee. IN THE NEXT CASE Mr O’Neil was defendant. Mr Griffiths suing him for £2. alleged to fee wage* due. Mr Jones appeared for the defendant, Thr* plaintiff was not represented by counsel, and soon got confuted as to the aoenunts, but he • said they would be clearly shown in th? defendant’s book, witness himself having made that up, Defendant expressed bi-* willingness to produce the book* but denied that any such entry was to be found there At odb o’clock the case was adjourned unii two, the defendant agreeing to send for th? book in tte meantime. Oo resuming ih? book was produced, bu r did not contain th'* entry and plaintiff, said it was another book he meant. He was told that if he liked he could have the case a- journed and give a notice for the production of the book, ba*. Mr Jones said they weie aware of no su* h book and such would be the reply if any order were made. The Bench advised the plaint ff to take a nonsuit Mr Bourke, Town Clerk, having at last got an opportunity to get his little rate list finished, ANOTHER INTERESTING CASE came on, Mr Joyce suing Mr Wad? for £1 Is Mr Jones appeared for plaintiff and Mr Chrisp for defendant. The case had arisen opt of a previous one, heard by Mr Booth, when Mr Wade was nonsuited and advised to go and take his property away. Mr Joyce complained that in doing so Mr Wade’s son had just cut «he hose from (he couplings, instead of untwisting the wire, and the amni nt of hose thus lost, six inches, made the rest of the hose useless. Mr Joyce gave evidence that altogether there was over four feet of bos? less on his measuring than he had originally been charged for. Mr Wade said he originally put in the length he bad purchased from Mr Jeune, and the la*ter deposed that the required length had been sold, so 'he only way to account for the difference was bv shrinkage. However, that was not th? question- there was no doubt there was sufficient hose for the purpose, all the witnesses agreeing to that, but the plaintiff said that the small por ion cut off spoiled (he rest of the hose. Miss M’Curdy gave evidence that no more had bean cut than was attached to th? OJaplings and when Mr Joyce measured it he said there was two feet of it short. Mr Wade, j id., said he had detached the bos? just in the Usual way, as the small piece spoilt was only worth a few pence. When the case had been concluded 4 DEADLOCK ON THE BENCH occurred, and Captain Tucker intimated this to the parties. Here was a pretty kettle of fish, and counsel were asked what they could Suggest. Mr Chrisp suggested that in such a esse the usual course was for the junior member on the Bench to give wav to the Opinions of the senior, but ha subsequently altered hie mind when he learned that su b a course would m?an a reverse to his client. Captain Tucker thought the plaintiff's case was perfect, and held that when Mr Booth told Mr Wads to go and get hi- property that did not justify him in cutting the hose belonging to Mr Joyce, while Mr Lewis said his View was that the small piece cut off would make no difference when the evidence of the lady witness was that Mr Joyce himself said that on measuring the hose it was two feet Short, the length Mr Wade had cut being only lixinches. Mr Jones combatted this view, saying that the evidence of the other side showed that the leng h. though apparently ' pot what bad been paid for, was sufficient for gjl purposes until it had been cut from the Couplings. Cap'ain Tucker said be was not going to change bis opinion, and he did not see why Mr Lewis should do so. There Beemed no wav out of the quandary, and Mr Chrisp left, saying be could not waste further lime there if the Bench could not agree. After further consideration a suggestion by Mr Jones was adopted, that the case should pe adj ’urned until Mr Booth has returned, and then be reheard, A CASE OF IMPORTANCE to members of Friendly Societies was that of the United Ancient Order of Druids agaiopt ‘ ’ P. Spsrnon, claim £117« ftd. The Secretary, Mr McKay, represented th- Lodge. It wa» ahotbsr of thoae case* which an outsider p»nno.t account for its being allowed co come in'o Court, the chimint having such a lubsUnti d ease. Mr Bpxrnon w>s a member of the Ledge, and wanted to resign when his f|Bl had amounted to 8s 63. He ackaowledged that amount to be dur, but did not pay it at the time ; as the Society’s rules are clear that no member can withdraw without firsl paying up all air«-ar», the name of Mr Bpauioa was not s'raok off the bonks. Mr McKay said that in case of sickness the liodge was bound to respond to any call upon |t on behalf of Mr Sp.mon, until the period of twelve mouths had elapsed. The defendant said he had several limes oal'ed at the Sieoie'ary’s office to pay the Sa fid, but could ®“ fiud that official in. Mr McKay said if P" . , re rea j|y s 0 made no difference ; the the official place of payment, _ gh (." 'j l6 convenience of members he Often received , he feea at hi , officei and tJje ?r haTe fent * he raooey. He «<Ued that the m, tter had been discussed in ne Lodge, and as defena-u had not anwered the last letter sent to s. had t>ea decided to sue. Defendant sait.bg waa poaware of the rule mentioned, not pained a book of the rules. The th it was clear that judgment must be foi

plaintiff, cist? 13-t. A friend of the defendant*s bad previously offered to pay the siiia’l amount, but he preferred to let the matter be contested in Court.

ROUSING JIM THE CHINAMAN. Lee F ng, a Chinese shopkeeper, sued a you h named P. Mooney fur 3- 91, damage alleged to be caused by him. Ihe hearing of this case was a humorous one, but the general public seemed io tat c no delight in hearing the owner of the pigtail tell his woes, and all but those concerned kft the Court. The youthful defendant had evidently got tired of waiting all day—the case did not come on till after three o’clock—ana he was non est. Jim, as the bojs call him, began in pigeon English, to give a graphic little description of the tearful larks of the juveniles. It seemed that defendant had come in and asked Jim for a loan of his knife, and subs quently retired without.restoring the borrowed article to its owner. Jim came out, and seeing def.ndant, shouted, “I say, young feller, you give me knife back.” The young feller would n t deign to answer. Subar quently the two hoys came in, and the other boy handed Jim his knife, saying, “ Jim, here’s y< us knife.” Then in going out defendant had the cuitain of the window, thus causing some fancy articles to fall and get shattered to fragments. The Beach wanted to know how complainant knew that it was the defendant Lee Fong : Oh, me know him. The Bench : Didn’t the other bov who pave you the knife do anything ? Lee Fong : De Oder boy he gave me knife ; be do nu'tin. The Ber.cb' : Were these ihirgs not broken before? Lee. Fong : No! no! no! There being no defence offered Jim was then given judgment, with costs 6a. Jim sauntered off gaily, with the parcel of damaged goods and curtain under his arm, and his little yellow face quite radiant, as if he were at peace wi-h the world and no longer feared being troub.ed by playful boys. UNDEFENDED CASES. Judgment for plaintiff was given by default in the following cases:—Borough Council v. W. Daly, claim £7. costs 10s; Same v. T. Connor,- £1 s.4,'costs 6s ; Same v. Cbiistopher Grax, 18-* 9 J, costs 6s ; Same v. J, Hume, £2 10s, costa 6< = ; Same v. B. Shen iff, £5, co-ts ; Official Assignee v. R. Moore, c aim £3 Is Id, judgment fur £1 Ils Id, costa 6s,