HAWERA RESIDENT MAGISTRATE'S COURT.

Hawera & Normanby Star, Volume II, Issue 154, 3 October 1881, Page 3

HAWERA RESIDENT MAGISTRATE'S COURT.

Thursday, September 29. (Before C. A. Wruy, Esq., 8.M.) Three men, J. Morgan, D. Souter, and G. McAlpine were fined 205., or 48 hours' imprisonment for being drunk and incapable at Manaia. J. Drummondson was also fined 20s. or 48 hours, for being drunk and disorderly at Manaia, near the hotel. None of those accused appeared before the Court.

The Bench intimated to the police that they should keep a sharp eye on the hotel. If further complaints were made, the license would be cancelled.

OBSCENE LANGUAGE AND INDECENCY.

Carl Gungall, charged with being drunk, and with using obsene language, and with indecency at Manaia, on September 23.

Prisoner pleaded guilty to all the charges. Michael Franklin, constable, gave evidence as to the nature of the language used, and as to several acts committed. Job Doub, laborer, was summoned to bear evidence as to the correctness o£ the evidence givfe» \>y the police. He coy» roboratei what bad been said by the constable.

The mother appealed to the Court to forgive her son this time, as Carl would not do it again. It was too hard. Three informations were laid against the prisoner. He had been previously convicted of drunkenness five or six times, been sentenced to nine months' imprisonment for manslaughter, and had been lately had up for fighting at Normanby. The Bench considered prisoner a dangerous person, and drew attention to the numerous convictions.

The prisoner was sentenced as follows : ss. for drunkenness, and costs, or 24 hours' imprisonment — 10s. for obscene language and costs, or seven days' hard labor — for indecency, fourteen days' imprisonment with hard labor.

civil cases.

Dolan v. D. McMaster.— Claim, £1B 14s. 6d. An affidavit was read from defendant, stating that, although he occupied the premises, he never made any agreement, the agreement made having been entered into by his nephew, Mr. James McMaster. The business carried on was that of pork-curing. James McMaster gave evidence that his uncle had told him that the latter had leased the premises from Gregg, at 6s. per week. Witness had only occasionally slept on the premises. Judgment for plaintiff for amount and £5 4s. costs.

Thomson and McGuire v. Chalmers. — Claim, £130, reduced to -2100.

The Bench said a communication had been received to the effect that the summons had not been served on defendant, it having been left at the house of defendant, who was absent in Christchurch. It appeared to the Bench that it would scarcely be fair to proceed with the case without giving the defendant a chance of defending the case. Mr. Barleyman, for plaintiff, thought that the Court had no right to have any such knowledge conveyed to it, except in open Court. The Bench differed from counsel.

Mr. Barleyman, for plaintiff, explained the case. Defendant had notice of the case, But had left the district, and had taken an action in the District Court for about jOGO. Counsel thought the object of non-attendance was to evade jurisdiction of this Court, and get a verdict in the other Court before the next sitting of this Court. There was no desire to question the claim in the other Court, but this was practically a set-off. The B.M. was unwilling to go on with the case, as if a re-hearing were applied for, it would have to be granted. It certainly bore the appearance of taking advantage of defendant's absence.

Mr. Chalmers, jun., 6tated he was a son of defendant, and if he had been asked for information respecting his father's address, he would have given it.

Mr. Barleyman explained the case, which was a claim for non-fulfilment of conditions of lease. Defendant was the survivor of two joint tenants, and thus became the sole tenant. The damages, in respect to such claims, are such a sum as is required to restore the premises to the state the tenant was bound to leave them in.

J. B. Boy, solicitor, New Plymouth, called, gave evidence as to the correctness and validity of the leases.

T. M. Foy, surveyor, gave evidence as to the length of the fences, as shown on a plan handed in.

F. McGuire, land agent, gave evidence that he had frequently complained that the fences were not kept in repair, as required by the lease. Defendant constantly promised to have them done. At the expiiy of the lease, the fences froua one end of the farm to the other were entirely out of repair ; cattle could pass out or in almost anywhere. The fences originally erected were altogether insufficient. Most of the fences were put up with posts and Btakeß, one post to every chain of fence, with stakes between.

J. Wallace, farm manager, gave evidence as to the nature of fences, which were so much out of repair as to be useless. He corroborated evidence of the last witness.

Messrs. J. L. Perry and Moore Hunter gave evidence as to the insufficient nature of the fences erected, and to their being out of repair.

Judgment was given for _595 11s., and costs, .£l3 18s.

PROTECTION ORDERS.

A protection order was applied for by Mrs. Henry, who complained that he husband was constantly drunk and ill used her. The order was granted.

A similar application was made by Mrs. A. Pierce, who said her husband had deserted her six months ago. The order was granted, to take effect from the 31st March last.

The Daily reports that the number of draught sires is decreasing in the Wairay&pa, and attributes the eiyeaujstane© to fche advent into the valley of the "iron horse."