RESIDENT MAGISTRATE'S COURT.

Lyttelton Times, Volume XIX, Issue 1067, 31 January 1863, Page 4

RESIDENT MAGISTRATE'S COURT.

Ciikistchurch:—Jan. 23.

| (Before John Hall, Esq., R.M*) Richard Taylor and Charles Nurse were fined 10s, James Willis 20s, and A.Morgan ss, for allowing their horses to wander at large in the town. Jonah Wheeler was fined 20s and costs, for assaulting A. R. Chillingworth, of Lyttelton. Edward Turton, and John Bealey, were fined 20s each, for riding on the footpath in Cashel street. Archibald Morgan was fined 10s for tethering a horse in a thoroughfare. Charles Jeffreys was fined 10s for leaving his horse and dray without any person having command of it. Several debt cases were heard, but they were unimportaat. Jan. 26. (Before J. Hall, Esq., R.M.) Kcziah Bushell alias Dudley, alias Cusdon, was brought up to-day, on a charge of obtaining goods under false pretences. Caroline Snell, sworn : I am the wife of Joseph Snell. I keep a milliner's shop in Oxford terrace west. Prisoner came to my shop on Monday, the 19th instant, about 11 o'clock in the forenoon. She asked to look at some dresses, which I showed her. She selected goods to the amount of £15 16s 3d. I thought she was going to pay for them, but when I put up the things, she pulled a paper out of her pocket. It was a pink paper, like the one now shown to me. She asked if I could cash a £30 cheque. She added, that I had better cash it myself, as I might have some difficulty in getting it cashed. While prisoner was selecting the goods, she told me her name was Mrs. Dudley, and that her husband was part owner, with Mrs. O'Connell, of the Mount Grey station ; also, that she had not been in Christchurch for three years. About that time a person passed in a dog-cart, and she said, " Oh, there is my husband ; I'm glad he is safe ; I was afraid he would meet with an accident, as he had a young horse." Prisoner told me the cheque was only payable to her—Mrs. Dudley. She asked if I would let her take the goods to the Royal, as she wanted to pack them in a chest of drawers, to send them away. I let her take the goods away because I believed that her representation—as to her being Mrs. Dudley— was true. I knew Mrs. O'Connell to bo a responsible person. She did not pay me any money at all. [The witness recited particulars of the goods obtained.] Prisoner never returned to my shop. Unless she had made use of the name of Mrs. O'Connell, I should not have given her the goods. I never saw prisoner before the l!)th of January. All the goods which arc now shown to me are those which prisoner took from my shop. Prisoner said she had one little girl, which the child's dress would just fit.

By Prisoner: She never mentioned a word to me about going to Port Lyttelton. She never gave any cheque into my hand, nor did I say they were no good to me. She never said that the person who passed in the cart was Mr. Dunn. I did not ask

what her name was before she was married, nor did she tell me that it was Cusdon. She never said a word about her father. She did not ask me to let her take the things to Nurse's, but to the lioyal.

liobert Waitt stated : I reside in (.'hristelnnoli. 1 am well acquainted with Mrs. O'Connell, of Mount Grey Station- She is the sole proprietress of Mount Grey Station. She has never had a partner since her husband's death. There is no person of the name of Dudley connected with the Mount Grey Station. I have been staying there'lately ; I never saw prisoner there. The police here asked for a remand for the purpose of obtaining a material witness from Akaroa. '1 he prisoner was accordingly remanded to the 3rd February next, at 11 a.m. We understand there are other cases of the same nature against prisoner. JAN.. 27. (Before John Hall, Esq., R.M.) AI-I'ORT V. DUFTY.

11. E. Alport, the plaintiff, stated as follows : I am an auctioneer and commission agent, in Christchurch. On 10th January last I held a sale by auction of horses at my sale yards, the property of Captain Vandervord of Sydney. The first offered was a bay mare: she was knocked down to defendant for .£'4B. Before the sale was over defendant wished to take the mare away. I told him my clerk (who was not present at the sale) would take the money and give a receipt. My clerk Woodford went for information to the clerk who held the auction book, and I learnt the same afternoon that Woodford had taken £45 instead of £48 from defendant, and that defendant had declined to pay £3. A few minutes after that I saw defendant and told him a mistake had been made, and asked him to pay me the £3. I told him I could prove by several persons that he had bid £48, and I should have to take out a summons for the balance. I have paid for the inare at £48 : and I produce the auction book, showing the entry of £48 for the mare

By defendant: I recollect your bidding £48. I did not receive any message to say that you would give back the mare. On Monday you said you said you would do so.

Rock wood C. Bishop sworn.—l was auction clerk to plaintiff'on the 10th of January. I remember the bay mare being bought by defendant. The entry is £48 in the auction book, and was made by me at the time ; within a couple of hours I informed defendant there had been a mistake in his payment, and asked him for the balance of £3. He said he had only bid £45.

By defendant: you said to me that if there was any mistake in the price of the mare Mr. Alport might take her hack.

By the Bench : I could not swear who bid before defendant. I recollect defendant bidding for the mare, I think £46 was the last bid previous to defendant's. I put the amounts down from plaintiff's lips. Woodford came and asked me the price, I gave it him as £48.

liohert Grinton, duly sworn : I am managing Mr. Bennett's business on the Ferry road, I was present at the sale of horses held by plaintiff on 10th January last. The first offered was a bay mare, I bid for her. Defendant bought her for £48.

. Arthur Smith duly sworn : I remember a sale of horses held by plaintiff on the 10th January last, I remember the bay mare first offered, defendant bought her for £48. As soon as she was knocked down, defendant led her into plaintiff's stable.

By the Bench : The previous bid to £48 was £46, lam sure defendant bid £48,1 was close to him ai the time, defendant said " another £2."

James Woodford duly sworn : I am clerk to plaintiff, I remember plaintiff having a sale of horses on the 10th Jan. last, I was not employed on the sale; defendant asked me to take the money for a mare. Plaintiff told me the price and told me to go to Mr. Bishop and get the price from the book, I understood him to say £45. There were several persons interrupting me that morning. Defendant laid down £80, and got change.' I received only £45 for the mare.

By Defendant: The signature to the receipt now produced is mine.

By the Bench : Defendant did not tell me whai he had bought the mare for.

Samuel Dufty, defendant, sworn: I attended the sale on the 10th January last. I walked about the back yard and bid till the mare went up to £45.1 did not bid for her after that. I gave last witness £45 for the mare.

By the Bench : £44 or £45 was my last bid. I could not swear to £1.

The Resident Magistrate said there could be no doubt about this case. The defendant supposed that because he had a receipt he was secure from any further payment; this was not the case, as the law allowed a written receipt to be explained by parole evidence if it had been given by mistake or procured by fraud. Several independent witnesses had sworn defendant bid £48 for the mare: there was also the auction book. He must therefore give judgment for full amount claimed and costs. SHAND AND SONS V. WOOD. Debt £17 2s. Defendant tendered £16 14s, which plaintiffs refused. i G. Shand, plaintiff, sworn : I placed in defendant's hands for sale a set of carriage harness, which he was to sell for £18. Defendant has charged me 10 per cent, commission, which I refused to pay, as 5 is the usual charge I have had other goods sold on commission and I have never been charged more than 5 per cent. Nothing was said about commission when I placed the goods in defendant's hands for sale. I have asked for the amount, and he lias tendered £16 4s. James Wood, defendant, sworn: The plaintiff, Chas. Shand, met me at Birdsey's, and told me he had bought a set of carriage harness at Mr. Wakefield's sale, and asked me if I could sell it for him. He said he had bought it at £10, and he did not wish to lose by it. He said it was in fair condition. I told him to send it in. I sold it for £17, and on Mr. Shand saying it was not to go under £18 I obtained that for it. It has been my custom to share with the seller of the goods whatever there is above the lowest price named by him. I charged plaintiff 10 per cent. I had three journeys to fit on the harness before it was sold, for which I claim 18s. John Ollivier sworn : I am a commission agent in Christchurch. My usual charge when goods are , placed in my hands for sale on commission is 5 per cent., and any expenses that may be incurred thereon. That is the general custom. By Defendant, 10 per cent is an unusual commission to charge. John Townsend Parkinson sworn: The usual charge for commission under £20, when any trouble is taken, is 10 per cent. I should charge 10 per cent, for selling harness. I always have done so. Herbert Edward Alport sworn : I am an auctioneer and commission agent in Chrisuchurch. I charge 5 per cent, for selling goods on commission, whatever the value. By Defendant: Ido not charge for taking in and delivery. If I put them up to auction I make an extra charge. The Resident Magistrate said the evidence of the commission agents was conflicting ; he must however take the weight of evidence, and that was in favor of plaintiffs The Chamber of Commerce limited the commission to 5 per cent. He thought it a good rule to go by. He would allow defendant Bs. for fitting on the harness. He would therefore give judgment for full amount claimed and costs. Jan. 28. (Before John Hall, Esq., R.M.) liegina, by William Judson, v. James O'lvelly, carnally knowing and abusing a girl under twelve years of age Mr. Wynn William;? appeared for the prosecution ; Mr. Slater for the defence. The evidence is unfit for publication. It is sufficient to state that the girl iu question—Elizabeth Judson, who is about eleven years of age, gave birth to a male child on the 20th December last. From the fact that she had been living with the prisoner, as servant, for some time, and other suspicious circumstances connected with prisoner, the father applied for a warrant for his apprehension. The case has been remanded to Tuesday next, at 12 noon, to the residence of Judson, at Woodend, for the purpose of taking the deposition of the girl, who lies there in a precarious stale. We understand O'Kelly was formerly a resident in Pigeon Bay.