RESIDENT MAGISTRATE'S COURT.

Hawke's Bay Herald, Volume XXI, Issue 5342, 28 March 1879, Page 2

RESIDENT MAGISTRATE'S COURT.

Thursday, March 27".

(Before" E, Stuart, Esq., R.M.) BREACH OF THE BYE-LAWS. . ,r :'i Mathew Robertson Miller was .charged by Richard Williams, Inspector of Nui-7 ;• sances, with having let off. fireworks within 60 yards of a private street- on the night of the 15th March. : '•"■ '■«■/• The defendant pleaded guilty,- and expressed his regret for the occurrence.' ; , He was fined 2_ and costs 9s". "■- '- RBFUSAI, OF DUTY. 7 . . v.. John C-rson was charged by Captain Bowling, of the barque Adamant, witlr having refused to go on board tho ship on X the 26ck March- X ;'-.'

Captain Bowling stated that he went tp: 7 . the gaol for the defendant, wlio had just , served a term of imprisonment for a -' similar offence. The defendant refused, ", to go on board and do his duty. The" ■': captain then gave him in charge. , v ... Defendant said the captain abused him all the, way down from, the. gaol, and ,;.. called him a d^ — scoundrel.;

The captain admitted having called him a scoundrel, but denied having swOre at him. He said ho must have been a 7 scoundrel to have struck the constable' immediately after coming out of gaol. ' His Worship asked the captain what : he wished to be done with the defendant.

The captain stated that. he thought he would be ready for sea on Friday or Saturday. The defendant could be put on board when the ship was ready. His Worship said he should sentence the defendant to 14 days imprisonment, and to be put on board the ship when the captain was ready for leaving. <

THE CONSPIRACY CASES. The. case against George Prior Donnelly and Joseph Price, at the suit of Renata Kawepo, was then resumed. . ; Mr Rees for the prosecution; Mr Cornford for Mr Donnelly ; Mr Lascelles for Mr Price.

Mathew Robertson Miller, cross-ex- \ :',■ amined by Mr Lascelles : I said in my ; , examination-in-chief that when I rendered the first account to Mr Donnelly he said - - Mr Lyon had been bidding for hira. I made the remark that Lyon had no busi-' ; ness to make more than one bid,, as ho , : , (Donnelly) had told me on the morning '".". of the sale that he would, and that I; had rendered the account to Lyon for the mare Villette. I fancy, it was about' the ,Ist March that the conversation I have 7^^ just narrated took place. I cannot say exactly. I can positively assert that Lyon did not acquaint me immediately . after the sale, that he had purchased the mare for Donnelly. I did not say to Lyon after the sale " Come along, and I will give you your bill," nor did he reply " You know I only bought the mare for Donnelly." I did not say to Lyon " How annoying, I thought I had made such a good sale." I say positively that when I rendered the first account to Donnelly I had no idea that the mare had been bought in. Iliave no recollection of any conversation with Mr Donnelly about the sale of the horses on the racecourse on either of the preceding days. It is quite possible Mr Donnelly may have mentioned to me on the racecourse that he had been offered a large sum of money for Otupai. Vendors frequently speak of the large --*.■' amount their property should fetch. I do not remember saying to him that if he \ sold Otupai it would injure the sale of the ' * { . . •horses. Ido not recollect his making ' * such a statement as that he could have got £1000 for Otupai. If he had said bo I should be almost sure to recollect it, as I should be likely to laugh at it. lam not able to state the names of the parties who told me that Price had made the bid of £700 for Otupai. I cannot swear to the exact words Price used when I said that if there was any dispute I should put the horse up again. Mr Price said first, "That's my bid." He did not deny that it was his bid. He said it was his. ( I cannot give the names of any celebrated racers I have sold, or the prices of . them. I don't think I sold the horse Sator. I think I did sell Kingfisher for £300. I cannot swear to the price. I I cannot, at this moment, call to mind the prices of any celebrated sheep I have sold. I know I have offered £200 for a sheep. I did say yesterday I did not recollect selling Kingfisher. I only ground my value of Otupai on Avhat I should have given for him. I cannot remember individual cases of prices. I speak of the experience I have gained during many years of selling. I can estimate what I would give for horses without reference to particular instances.- I have found my judgment leading me astray, but not very often, in the sale of horses. Cases may have occurred lately in this province where my judgment led. me astray. I cannot swear that it was. the half-share of t Kingfisher I sold. . I am certain the value of the horse was £300. I sold the halfshare of the horse at the rate of £300 for the whole. > By Mr Rees : There was no other-under-standing between Mr Donnelly and myself but what I stated yesterday. The words he used were, " Jimmy Lyon "will make my bid. " 'Renata Kawepo deposed : I am a Maori chief, living at Omahu. I know Mr George Donnelly. I remember, . about, two years ago, my grand-daughter Airirii coming to me about some horses. Ido