RESIDENT MAGISTRATE'S COURT.

Hawke's Bay Herald, Volume XXI, Issue 5357, 16 April 1879, Page 2

RESIDENT MAGISTRATE'S COURT.

Tuesday, April 15. (Before R. Stuart, Esq., R.M.) NEWTON,. IRVINE JAND CO. V. . HATCH. . This was a claim of £1 17s lOd for goods sold to defendant about four years ago, and interest on the same, Mr Lascelles appeared for defendant, who pleaded not indebted. A. Grant stated that he sold the goods himself to. the defendant. Hatch did not tell him at the time, that the goods were for Mr Merritt. He told him that only about a month ago. The account had been rendered frequently. ; „ The defendant stated that it was Mr Moore he bought the goods from, not Mr Grant, and that he mentioned to Mr Moore that they were for Mr Merritt, in whose employ he then was. Judgment wa3 given for £1 7s and costs Bs. PETERS V. G. KENNEDY. This was a claim for £9 for the carriage of goods from Napier to Haroto. . Mr Lascelles was for defendant. Andrew Peters gave evidence to the effect that he had brought nine jars of whisky from Napier for defendant. He did not know the dates, as he made no entry of them at the time. He had not made any demand on defendant for payment, and should not have charged the defendant for carrying the goodß if he had not summoned him a few days ago for the hire of a horse, and got judgment against him. The defendant stated that he had had several jars of whisky conveyed by Peters* coach. He always . paid whoever wasdriving, either on the same day ormexfe day. He had never had any demand made on him for payment of the present claim. There were only four jars of whisky unpaid for. He had offered Mr Peters the money for them, but he said to let it stand till they were settling for . the hire' of the horse. Mr Lascelles contended that plaintiff could not ;sue on such a claim, no dates whatever being given, so that defendant was unable to prove whether he had the goods or not. His Worship held with Mr Lascelles that the particulars in the account were not sufficient, as there jWere no dates or anything to show whether the goods were carried by plaintiff. The plaintiff would , therefore be nonsuited, so that Mr Peters could bring his action again if he chose ; each party to pay own costs. PALMER V. ALGAR. Claim for £5 10s 9d for goods sold, and for 14 days' hire of a horse at 5s per day. Mr Laacelles was for defendant, who admitted being indebted to the amount of £2 0s 9d, but denied the item for horse hire, alleging that the horse having been put to graze in his paddock by plaintiff, he had merely borrowed him for a few days, but that there was no question as to payment for his hire. The evidence of plaintiff, his wife and son was taken, to the effect that the horse had been hired by defendant. The plaintiff, however, admitted that no arrangement had been made with defendant as to whether he was to pay for the horse. His Worship said the preponderance of evidence was in favor of the horse having been hired. He should allow 14 days' hire, at 3s per day, instead of ss. Judgment would therefore be in all for £4 2s 6d, and costs lls. MANOY V. HAROLD HANSEN. Judgment summons for £2 19s 3d. Defendant not appearing, he was ordered to pay the full amount within three days, or be imprisoned for one month. HOTJSEBREAKING AND ROBBERY. John Russell and Richard Winter were charged with having, on the 12th April, feloniously and burglariously entered a house in the occupation of Mrs M'Kenna, and stealing therefrom the sum of £7/ the property of James Moore. The prisoners were undefended. James Moore deposed : I am a licensed hawker residing at Napier. lam certain about one oij the prisoners. The prisoner Winter is very like the man who came into Mrs M'Kenna's house with the other prisoner on Saturday night last. I arrived in Napier on the morning of the 12th inst. I met the prisoner Russell at the hotel near the railway station. We had a drink there, and Rusaell asked me to come up the street and have a walk. He took me in to Mrs M'Kenua's and asked me if I was going to shout. I sent for a bottle of brandy. Russell went to fetch it. I paid for it. I remained in the house till he came back. When he came back we had a few drinks. It was about Bin the evening. He then took me into another room and asked me to lend him some money. I gave him either 2s or 2s 6d, lam not certain which. He left the house, and returned again between 12 and 1 o'clock at night. I heard Russell and another man talking outside the house. I then heard the door being broken in. I was in bed at j the time. Russell came into the bedroom and said "Hallo, mate." He had a light in his hand. I saw him distinctly, and knew him. Another man made his appearance with Russell. To the best of my belief it was the prisoner Winter. I saw nothing more after that. Winter only came to the bedroom door, and then drew back. My clothes were lying on a chair alongside the bed. My money was in the breast pocket of my coat when I went to bed at 10 o'clock. The sum of £8 was in the pocket; in £1 notes. Seven were in one roll, and one was by itself. The coat was with ray other „,V clothes on the chair. I had alao got some money in my trousers pocket. About 10 o'clock on Sunday morning I missed £7 out of my pocket, and I gave information to the police. I saw the prisoner Winter last night at Mrs M'Kenna's. There was a woman with him, who accused me of getting her husband, meaning Russell, put into the lock-up, Winter a,n,d I

Hi spoke together outside the house. He |H| sjaid he would make the money I lost all right if I would not be too hard. He pulled a bottle out of his pocket and |^f"gave me a drink. Ho also said, i( Between you and me I have no doubt at all that Russell is the man that took the money." HH Mrs Russell then came to the door and said sh* wanted to speak to Winter. Mrs Hh M'Kenna's son and daughter were in the house on Saturday night. I saw the HJ little girl locking the doors that night. There was not much noise made in forcing the door open. I saw in the morning |H that the lock had been burst open. The catch was forced back, and the screws forced out. By prisoner Russell : I did not ask you ■■ to take me to Mrs M'Konna's. I did not want to stand a bottle of brandy at the Napier Hotel. I suppose I drank too much of the brandy we had in the house afterwards. That was the reason I did ■H not get up when I heard the door being forced open. I know you are the man H| who cime into the room. I was in bed ■■ when you came into the room. I heard H you say "Hallo, mate," and T turned over and went to sleep again. I did not know the numbers of the notes I lost. By prisoner Winter : I will not swear that I ever saw you before yesterday. To Hfl " the best of my belief you are the man. I did not state to any person yesterday that jH * JKnever saw you before. The house was ■J broken open, as far as I can remember, By— between 12 and 1 o'clock that night. I j^H w^s in bed with Mrs M'Kenna. I slept Hj on the side of the bed nearest to the door. I was not perfectly sober, but wide awake. H I did not drink all the brandy myself. I H| do not know how long Russell stopped. I ■ fell asleep. The gother man did not . come farther than the bedroom-door. H I charged Russell with the offence in the H first instance. I had about £25 when I H went into the house. I had two £5 notes, H five single notes, and about £3 in gold, in H my trousers pocket, and £8 in my coat H pocket. I had also a few shillings in silver, H and some cheques. I have the cheques ■ still. I gave Mrs M'Kenna 30s— a H sovereign and a half-sovereign. Tho H money that I missed was taken from my H , .coat pocket off a chair that was lying near H >' the heaa of the bed. When the door was H ' burst, Jop/n I had no suspicion about the H money .% The conversation, between you H and me look place in presence of ourselves H alone. I swear positively that you said ■ to me you had no doubt Russell took the H money. I . By Inspector Scully : I did not count H ~*the cheques when I mentioned the quan- ■ tity of money I had on me. s Hw At this stage of the case it was adB . journed till Thursday next, at the request H •of Inspector Scully, for the production of H further evidence.