MAGISTERIAL.

Lyttelton Times, Volume XLI, Issue 4071, 11 February 1874, Page 3

MAGISTERIAL.

CHRISTCHURCH. ' .j .. ' Txfe3dAV, Feb. 10. (Before C. C. Bowen; Esq., R.M.) ; and Disorderly. William Newit'tl, arrested by constable Firman, was fined 20s. —Alexander Fraser, arrested by Constable Johnston; WAS 'fined 10s.—James .Gordon, arrested by eopstable Hatton, was' also fined 10s.

Deitnk and Fighting in a Public Peace.' —John Dawe and John Jones —the latter of 4 whom failfed tq answer to his name when called on Monday —were charged with having' fieen drunk, and committed a breach of the. peace by fighting W a" public place. The' evi-| cjence went to show that the accused had some Jrords in the bar at, the City Hotel, which related in a r scuffle, and they were put out by thq waiter, whereupon the constable came up duff arrested them. Dawe was .the .worse, for* drink, b,ut. Jones,, who commenced the disturbance, Was* sober. Dawe was fined £l, and Jones was fined £2. i Affiliation. Samuel ..Jamieson, was dharged with having refused, to support .the, illegitimate child of Flora .Martin, pf which , he was, alleged to be .the father. Mr Wynn Williams,appeared for the defence. The case ikas.commenced on Monday and concluded to day. The following iq the whole of the evidence taken : Toppin: Tam chief warder in charge oftha Addington female -gaol;' i A| prijsoner, named rlora Martin, was confined 5 of a female' child. She was sentenced to 12 months, for vagrancy. She was admitted on the 26th of September, 1872, and was detained, for the wholo term. She was confined on the 18£h- of-January last. During the i time she vhis in(gaol'work was being carried qn there, and the defendant was the contractor. Defendant had opportunities of chip-;, municating with Flora Martin. Defertdatif was at work during the months of February, March, April', and a portion 1 of- May, 1873. When defendant first came to work at the gaol T took him and ’ his man Bligh into my' office, and read the Gaoler’s and Prisoner's Act, 1869, to ’them. T explained the Act to them about communicating with prisoners, and cautioned them, I think Bligh left off working at the gaol about the end of April; By Mr Williams : Myself and War-i der Fergusson had the same opportunities as defendant of having , communication with Flora -Martin, if we chose. I remember a wedding taking place. All the female prisoners were quite sober on the night of the wedding/ I did not give them any drink. If they had any it was a very small quantity. My wife has never, with my knowledge, pought. drink for the prisoners. She might pave, given Flora. Martin a drop of beer when she was working for ns in. the house, but . it Was very seldom'. The’'wedding was on the 4th ofMarch, 1873- To the best of my., be-, lief nqne of the prisoners had drink given to thpm omthat day. I certainly did not give them any myself. I was not under the influence of liquor on that day. I did not qotioe Warder Fergusson being under the influence pf liquor on that day, nor did I see any of the prisoners under the influence of liquor. There was never any act of impropriety between myself, Warder Fergusson, and a prisoner named Mrs Manle. Flora Martin l Was Committed to the gaol at Ad-; dington in Sept., 1872, for 12 months, and Remained in gaol for the whole of the term. The defendant was, working as a carpenter in. t bp gaol, and he had a man with him. I could' ol move about at all without defendant eing after ine. On the 11th of April he came tb me in the wksh-house. I was alone. I was confined of a female child three weeks ago last Sunday. I swear that defendant is the lather of the child. One night after I Bad been discharged from gaol defendant sent for me to the Criterion Hotel, and offered me £lO, and to pay my passage, if I would clear out to Dunedin. He also asked .me to be quiet about the child. On one occasion before the night referred to I was at the Caversham Hotel with defendant, and I told him thbp abjJui the child. Jane Glass was outside the hotel at this time. She was also with me when I went to defendant at the Criterion. By Mr Williams; Bligh was not working at the gaol on the 11th of April. Mr Toppin was in the office when I was with defendant in the wash-house. The doctor ordered beer tor me. I swear I never had any whisky while I was in the gaol. I was always looked up at 6 o’clock in the evening. I remember n wedding taking place. I had no drink that night, nor did I see any given to the prisoners. I never saw anybody under the influence of liquor in the gaol. I swear it. Jane Glass: I was in the Addington Gaol in 1873. Defendant was employed there. He met me several times and asked me where Flora was. On one occasion I saw him and Flora in company in the wash-house. Flora was crying. It was before and after this that defendant asked me for Flqra. Mary Ann Greaves was standing at the door of the bath-house, _and had an opportunity of seeing them. I did not know what defendant meant when he asked for Flora. I came out of gaol in October, three weeks after Flora Martin. -I saw defendant with her once in Gloucester street, opposite the Criterion Hotel. They were alone, After that Flora asked mo- « I

•wtmld"go-rawßyfr«»m-Chrtßtehnroh--with-her' vio«a to being at th? ( priteripn. I saw defendant come out of the Cavorsham after Flora Martin. FSTrI ifot' 1 ttiei ; ihßm in com-

Pfwy on that qcoaaion. j /By .Mr WilHama: When we were at the Criterion a man caifi| ! ? ve |- there.” r-nilt; was six arjkSyven weeki Before I left the gaol that I sawMfcai dant,apd'Flora in lheWashh6uke/‘-I .Mtrthe gaol nn-the 20th of October. I remember a 1 faking l on. the prisoners were not under the influence of liquor on that’ * ! I- they were. They were sojior-on my side of the house. All the time I was there I never saw anybody under', .the tinfluenie ■ Of liquor. I cquld not speak positively .as totlmtime I saw defendant and Flora'in the whshhoUse. Jane M'Mahon; I .was a prisoner in ther Addington .Female Gaol in 1873. I was there while defendant was working at the gabl. Defendant called me out qf the, City, Hotel two pr three days after Flora Martin had been locked up the second time for three months, and asked iqe if I had heard'that Flora had been Wcked up. Me. said /he/ supposed she would be confined whiles she; was there. I: understood him to mean .that she would have a ha by. I asked him if he was going -to see her. He said he twonld not; hilt that he would send her some money. J lihius : T was in gaol in February and March/ 1873.- A man named Bligh was Working ' there. I remember, pwedding., I do not know of any of the prisoners getting drunk on ■the day of the wedding, nor oahny other day. AndrewTSUgS": i melToppm shout a month ago at the Crown/(HtAeL jLolefblhim in the bar and went outside to speak to, defendant. Ijwentnp the 'street 'with dwfefifianfc js« asked me if Topppi had, spiel anything ; tq rde -about the gaol. By,. Mr Williams : Toppin apd I met accidentally 1 at'the Crown. .-Dqfendant did not aakme,j£ Tqppiu, had, said,anything about Jf,Bid, pot ; police ahy familiarity between” deferylanfc. and Flora Martin ; whilq.rwa were Working at the gaol.' He did not follow her about. I remember a ■wCddiDg'.f I waS'Working next to where ,the wqye/ pertairbthat, some of the prisoners were under tfie mfiuence' of drink' more fob leak/ f I think Jane Glass and Jane McMahon, .were, amongst them'. ' Thfey were singing and dancing, and running about the green. HyiMr-Peader /I hare no other ‘reason for saying they were under the influence of liqqq£ and dancing. I did not see any liquor given to them. ■ I neversaW ahy liquor given to any of the prisoners: .atqny. time; : Flora Martin re-called; I do not remember whisky .being .sent for, nor do f fe'mehiber defendant being asked to atand a j)ottleiof : whiakyon the contract. I do not remember Mrs Toppin saving, “Flora must have somp bf 'Miirgaret Thomson : I : liVe > 'at' Addipgtohllahd, know defendant. He called at jmyuhouse about six Week's bOforO Flora Martin came out of gaol.He did pot copae in,hufc beckoned, me to go opt.. He asked me if Flora Martin was at my house. T skid-that' shb-VhS' hot, ’anft that 'l-did hot want her there. He said she bad told him that, she was coming' r tq, my house, when.,she got put of gaol, > told tap not to say a word about it. I was at 1 Mr Toppings on the ' 4th of March. I did hot” see-hriy drink about ■.t|w. place, -; l imj< dtiuk.. supplied [ to' the; prisoners,ior aqybody else. •< By Mr Williams ': F was'iab Toppip’s 1 all the day; and until pp 1 tb6"mprnipg| of 'the, dn ' Mr. Muuizlat JHr- Toppiißs-during the-mom-ipg. He left atWb’btit i 3 o’etdek to be marked. net see a ip by Mr. Munizu' I' did nofc esa a drop of any sort of drink ' dbahk iri Topping house during'tMt'dSy.^‘Ta’nidlr'Diafe : I saw Toppin aind Warder Fergussen on (the;4th) of ;Mareh. They were not under •thd l ibfinence of liquor. drink about the gaoj. premises.ataU.L I ssjw,, nothing UtmiU&liabOUt- the "gaol on that day/ Mr Williams caUcd. following evidence: . -j-JamesShorW 1A the month oil' April- last I \fas working at the Addington .gaol.. I wept, thiilfe abotft th!e Ist of 1 2na of' April, and" wSs| there three weaks.i Defendant cautioned me against having. any.thiug'T o dp with, the prisioners. !■' Flora Martip.,|d)o'ut, ; : ;niSjß peod toiSayj'f'good ' mPming” to her ws-he passedj bPt tiobhing ifaore, and X did ttys : March and April, 1873. I was'.working pear the wash-house, dbftWda'nt fdlfamiliarly.: Was, aw well one day,iand Bhgh , brpflgabf in ■ ai sbilHngte' WortH ! df 'brandy. 'I 4rpnk ‘ 'sptobi’.'jafid 1 ,'Tlo^t' bottles with' stopW. iPoTers 'oyerJthem..' Isaw Warder Fergiisiroil'ftboat the titrfb of the tharHage under M several bottlesaboub the place. ■ ■ By Inspector-' Fender / I' baniiiaF- ! saj<'whab; hpd l beei in the ' bottles] drinking the . brapdyV) That is.all the driokfl ever saw supplied 6n- the gaolpremises. I saw ,Fergusson sta^ddriifg' ,, Bbbtlt.“ ! -He'hkd nb'riflb ; With -hid(i, ; btit fl4'bS.a'his uniform on. Muniz Was at the. gaplj the day. after, khwcwwrwge. James Long Fleming: I went yesterday to serve a subpoenal' bn' a Mr& Maule. She l|ad left, and no onb' knew where she bad gone.- ' I ( fcaW '’Fefgiissoti' 1 ihtoxicated in Toppin’a hpuap. ip.,Febrwy.prMwch lasfr.i By Inspector J. cannot; say, whether} or not he was on dutyv)/Mary Edwards : I , a|m now in the service tof ,the Deau of Christi church. In March, .and/ April/XB73f Fwas in the female. gapLat,Addington.; diremember tpe day upon! whiahA.friendof Mr Toppin’* Was married. I saw* him” in Mr Toppin’s parlour MWeAi.. Jf, M W.t pew him bring, any thing, linto Ate. gaoL Beer was served out to sotnehf the ftmale-pri#pfaeffl by ;Mrs TopFuU' 1 i -”taa WbMA WMify Toppiq’a parlow^. >1 ,iave seen Flora Martin-'i ..alia Mrs Toppin, of liquor, when a womaniiainea Dixon was "brought to the gaol, Mrs Toppitt was tipsyi i On occasion Mrs Toppip asked me in Mra .Maule’s jjresenoe wheffierT had heard of .Mr Toppin being in bed withdKrs Maule. 1 said I had, mid Mrs Maulef did not deny it; I know tpat drink brought into .thp gaol by Toppm’s she was aoting'as servant to Mrs Toppin. 1 frequently, saw; i drink .brought/ into the gaol after the fourth- off March. ■' I haWe seen. 'Margaretn'dnke and Mary Arm Kirkwood;- W 0“ of -the -prisoners, under* the influence,id Fender said- the ease had now assumed such a serious form W donntettd with the>v officers of j the gaol, that Mr TPBPW, .deaired |p sblioitor to watih '‘the' 1 proceedings on his behalf. His Worship 0 mM 1 this was a very ittd . Bjf'tiin Bench. Mr Thonida' then’ Watehed 1 the case op -behalf- if the’bis^iiiiatjon of Mary Edwards ' was continued. By Mr FeQder.i that l'BaW; Mr Toppin about ,drink. waa, : supplied. I do not thfak’ha, ffM/PW“ | b ' I d° not think he knew anyching at all about it. 1 do not .know where the 'drink came'from. For all I know; one of the tfirpenterk might have brought it in» J never) saw Mr Toppin take part ip bringing liquor-there, or in drinking it. I repeatedly saw Mrs Toppin finder the influence of liquor. I saw .this because I watched her. Flora Martin had a better opportunity of seeing Mrs Toppin than me. Jpne M'Mahon and Jane Glass had the same . opportunities of seeing the drink as me. If they have said they never saw drink Supplied in the gaol, it is a great falsehood. Mr Williams submitted to the Coart that after the Witnesses he had polled, thq Bench could not give credence to the statement that the , child was defendant’s. After the evidence he had brought forward, it was impossible for . the Bench to believe anything that the witnesses for the plaintiff had said. Hot only had he shown that their evidence as to liquer being supplied in the gaol was false, but there was the fact that two of the women—and. the Bench must know what these women were, for they had been before the Court often enough —had contradicted each other in their evidence with respect to the occurrence at the Criterion hotel. He had other witnesses, but after what had- taken place, he would ask whether it was necessary to call them. His Worship said the Bench were not satisfied

rafapnfc;'the parentage of • the- ehild.-rand would hiar ’ any more cyidance /y that might hi i. available. Mr ' Willikms then called d fendant, who being"iSWqrn, said; I was ce rrying out a contract at the gaol, as stated, ir March aad'A'prfl 1878. 1 TheVvlßetide of Flora -Martin, that ! pestered and fpllowed her, about,is 1 untrue.‘ ’Bib'evidence of the ’other yviji-, ntsses tha^Lyimply;used to say (good ,morning in passing fier is correct, I never bad any intimacy with plaintiff. ' The 11th of April Was Good Friday, and I was - not at the gaol on that day. On one occasion plaintiff called me: out of; the Caversbam and told me pie was about to be confined, and that I was J.lia, father qf the child..' I do, pot remember wpat answer l madefor I was flurried. Another woman spoke to maxm the subject outside the Cavershani, but I did not stop to ta|k to her., I never called plaintiff across from.the. Grifofion Hotel. Some days after the weddingrFergrwson-.-wfao-was -tfae—worse for liquor, pahi p|o ;me,., ‘f;You .have never shouted over that contract,” 'ahd I went for a bottle of which- was . drunk by Fergasson, Mrs Toppin and a man named Power. Mrs Toppin also took a glass of it away, sayfrig it was for Flora. , I have had; drink with Tbppin in bis own apartment, but I never saw him take any to jibe prisoners. On the day of the wedding I did'not see any of the prisoners gqkdrunk;bat from l the 1 appearance of tha ,-wpmen in the 'gaol, I was satisfied that theyi.wjere under' the influence o! liquor. Mrs Toppin said the poof creatures deserved some,' rand' that - the - man who was married had sent some beer which sfie, Mrs TOppiir; 'hkd given to ’them. When - Mr Callender spose to me; I told him an once that I-was innooent ;-that .the child was not mine. By Inspector Pender : 1 never sdw drink given to' the prisoners while I was tqere. The whisky was drupk in Mr lfoppin’s private room, blit neither Mr Toppiq nor any ’of the prisoners were present. That yvoe the oily drink I saw oh the premises; exfeept some I pad for myself. I. and Toppin several times ! B ?.RriTMe' fpom, but I never saw. him tho’ worae for dripk. I simply spoke td Mrs Thomson; because Ibeard she had had a misfortune. I wanted to caution her against letting Flora Martin live with her. I do not -. .remember calling Flora Martin across at the' Criterion ’Hotel. By the .Bench;: I ufever Spoke to Flora Martin ’about, her child.-.'By Inspector Peuder: I ;do not think I called.her over from the Criterion to the feWce. 'T .Swear I did not ask Mrs Thomson for Flora Martin. I simply said I; heard she was coming there. Flora Martin called me into the Caversbam, but I did not stop .to speak ,to her when she accosted me at the City Hotel.. I had no conversation with Bligh about Toppin, except that I asked, “Is that Toppin?” and he said “lYes.” I am not aware that I weutabout two months ago -.to people, and, after telling .them I believed I was to be charged with - being the father of the child, asking for advice.; I was first' told by Flora Martin about the child some three or four months ago. I douQfc.know that.sib.oa.th'eu I, went to ask.any ohe for advice in the matter. By the Bench : ilinever offered fo send Flora Martin to Dunedin. His Worship said the evidence was of a ; vfery contradictory character, and rhe case ’ against defendant .would he dismissed. j Civil Cases,—R. Wilson v. J. ,R. Steele; claim £ls; Mr Qeo. Harper for plaintiff and Mr Thomas for, defendant!. ■ - Judgment for £8 ahd costs 19s.—L. Schmid v. J. R. Martin ; claim £l2 12s.,JudgCaent. by default for ■ alnount claimed, with costs 19s.

KAIAPOI. Mondayj Feb. 9.

! (Before Geoi ( ,!<! (Bullish, Esq., ,Cattle Trespass.— The following'Scales for breaches,ofßorough. By-taw# .and Trespass Ordinance were diapoled'of ; : Jbhn Sinia,, fo/fathering & horse on a public street, wfls finScl ss, and costs 6s 6d. Similar easi bfi‘the following ck&is:—Hutehiriscm and'<3d.,' 'ond Horte;*

!mes Heywood r cattle; John irrin, twelve p %ad ljnndle, three ad; Walter moody, six head; and John imphftfTs, Aigfett'enijOhd'at ’large On public oroughfarw.' r - ’ l ' • *■ ■ ■ - DpSNK Afro. AND ESCAPING £it i Wu btod v l .—fHichard Williamalias Sydney Williams, alias Sydney | Dick, was brought up in custody-charged with living the < #bye .offences. Ser>geant Pratt stated, thfit he arrested, the ptisdanjj & fll.Bjtj^cljMk f|»r beifig arunK' and incapable near "Oram's" malt-house. Herjrafc prisoner in the WatchHouse, and on the. fmlhwidg ((Sunday) He made his escape from the custody of mitted having got drunk on the Saturday ejrening^but,stated that. fa had been sober ifor tk/mst^rep, yqa«| £nd 4 he would take f the pledge before any minister not to touch • which place he |aul only- amved-ou Saturday apd taken a droftStoct linclg to (drink. His said he would evidence of the escaping from custody. Constable Gilchrist :slatefphaC|e l|t the s)ris|er fpst t& 7.30 o’cloci berauseTO'-asKea to'he' allowed" to go tp the closet. He returned and . went into the ■stablp/bfct hj^ag«%,fslff'.to £i> jack to the, Jctoset, mating that 'he was very’ ill. He '(witness) saw, £hf closet in the yard, ahd \fith. In about ten minutes afterwards he Went to look J£ Jfe e found he hjad gone. Witness supposed prisoner had fche-faacft.iu fla corner of ;j the yanf. iHeg p|<|di|i*ff' fes| bf /the prisoner, and after going. to Oram’s hotel, oVer the sandhills, and other places, he found s fis when first arrested or when he left the police ykrd. In reply to thpiJjspicß, prisoner—who m well known, and successfully performed the nsniteut dodge byftfting, in a ;half-q|yi|g xjjfynpp,, 4hat| le oijlj fent to get: Us coat and return to the look-up—again protested that, iff let off,tr would, lake thS pleflgbP Sefg«Bt Pra*t*drew his Worship's [ aitpnJbiomto thp fact .several, L pr®? jp°rw?i Iqrceny, So. His Worship said the last conviction was in 1870, but previous to that tfc (SM Mf e s»eM#W(l{bfe prisoner, who seemed to have been trying to reform of late. the case, he Idgal custody, and inflict'a fine of 5s and C6st* utfhe c&e of condition r ti«t raw- pledj{e. 4 * Prisoner agreed to do jo, and (hacked hisWotship for his vijf j 4 \ S - L 1 I liiiTEBATiNG A Gibd,—David Stuart was charged, on, thetiuformatwnpf 'Sergeant Pr»tt ; with beaten a girl years .pld named liabella The oomplaipant stated she had been living,with Jfr and Mrs Stuart feir a number oPyears—jince her mother’s diath. She was frequently illtreated by both Afr and Mrs* Stuart, and she told them the hist thing she could do„waa to go. away, as they could nod. agree. Chi the 6th inst. Mr Stuart kicked her on the hand, and made it qdite black and blue. The band was injured vejry.muoh. Mrs. Stuart wanted witness t e help her with the cheese, and she had to go apd shut the pigs up in the yard at, the ssme time. While she (witness) was shutting up the pigs, the defendant came after her and kicked her. That was the second time he had kicked her that day, and he kicked heron many previous occasions. On one other occasion she showed a person the marks that were made by kicks. She did not iu any way provoke the defendant to illtreat her. Charles Young, called by the police, said he had a conversation with the defendant about the girl on Friday or Saturday last; but the defendant was in such an extraordinary excited state at the time that witness could not really remember what he said. He told Stuart that he had better go away from the place, and he (witness) had to shut the door on him onoe. He spoke to Stuart about kicking the girl on the hand, and he said he did not, he only kicked her backside. The girl came to witness’ house some days ago, and asked him what he would advise her todo. She would not come in the house, but lie down on the firewood outside., When the girl’s mother was on her deathbed the Rev. Mr Willook Wok a great deal of trouble with the family, and witness advised her to go and see Mr

Willock. This wos about nine o’clock at ■ njght—when she came to his house. The girl came to witness’ house'years ago and com-plained’-that she ; was badly used. He took bar in and kept her for a night or two, but he wjw blamed for doing so. Isabella Thomson, recalled. Mid 'she did not make’cheese bn Sundays. ,J)tr and Mrs Stuart did, but,she never assistedthem. In defence, Stuart said he took the girl about; eight years ago when her mother died, and intended to keep her, as, , having no family and his wife being, delicate,, 1 he thought she would be useful to them when, she grew up. 1 Some timeagoThe girl’s' father came to him and told him' he could keep the girl and Ibbk' aftfer her : provided he’did not the colony. He had only chastised the child for bad behaviour as he would a child of his own. He did not kick the girl to injure her, he only gave her a “ shuv ” with the side of his foot for not doing what ahe was told. Hia Worship : That’iS not the way to treat a child. Did you ever send her to school? Defendant said he did not send her to school as the distance was too great, but' he taught her himself. Latterly the girl had;bee<}mo iery unruly, and he would have nothing more to do with her. 1 In answer' to the Bench, Mr Young said he knew the,, girl’s mother fora great many years, and he would take charge of her till arrangements were made for sending ;h4r to.Tipiarn., She had 7 pelAtiyeS would be anxious.to have her.'" -The girl was handed over to Mr Young, and. the defendant whs informed of this by his Worship, who wjent on lo' say that although: he (defendant), had the girl given, to him, it did not justify mm in kicking and bruising her. If defendant wbuld hha'stise his 1 own'‘children in the'-’Sime manner, he (his Worship) could only say that, hi would be doing it in a very brutal manner. A! fine of 10s, and costi'lOs’ 6d, would be inflicted. , 'i, , , j Assault. —Robert Hopkins. was charged by Wm. Qoosetree with an offence of this nature. The complainant did hot appear, and the. case, was .'dismissed; The defendant, who was present, asked for his own expenses in attending fhh'Court/and 1 also the 1 expenses of tiro Witnesses he had summoned. His Wor-' ship aßbwed the defehdimTTos, ah”4'tHe witnesses—James Kerr ! and'(Pater TStrattan, 8s eich. The total expenses to be paid by Goosetree. "i " .Civil Oases.—Presl’Companyl. E.Baker, Clerk to the Bench'(Wellington); claim Is Bd. His Worship, in giving judgment in this case, said the matter, when looked at in a pecuniary point of view,- was very trifling, but it was of some importance <as connected with the practice of other courts in transmitting monies which happened to, be received by them for persons outside the province. As to whether or not a plaintiff in using the machinery of the law was entitled to pay for it, the practice was that-any costs incurred by the plaintiff in abaction-had to, be paid by the defendant. With regard to the 6d for the post-office order, the Clerk to the Bench at Wellington had adopted a wrong course in transmitting the money, and the plaintiff was put to the expense of the order in consequence. If the claim for the post-office order were admitted, tt should certainly have been recovered from the defendant, and 1 the plaintiff should not have been charged for it. The expense was not necessary, as machinery was provided by the Government whereby monies could be transmitted without any extra cost, and it was only reasonable to suppose that that course, should have been, adopted. The money should have been forwarded by cueque on the,' trust account. With regard to the claim of Is for the telegram. advising the settlement of the civil case, : he' -also thought the plaintiff was entitled to a judgment, as he was bound to pay for the telegram before he could open - it to see what it vfas. The telegraphist at Wellington had rpfuse to take' the telegram in any other way. .With reference , to the .2d for the postagestamp which the plaintiff put on the 1 letter ifhen applying for payment of the Is 6d, he ■stas not entitled, to receiver , it, as the same drror had been made by the plaintiff as that vfith which he was charging, the defendant judgment would be given for Isfid, and cjjsts £3 13s 613.—Compton y. Robinson ; claim £44105. By consent of the defendant’s .counsel, Mr lewis, judgment was entered for tne plaintiff for £2B 12s 6d, and costs £2 3s. 4-W. Harris v. Ji Retersen claim £l. -The defendant paid the amount of : the claim into ; dourt, and disputed, the costs, ss, but it appeared from his own admission that the plaintiff gave him a month’s notice to quit the premises he occupied as a tenant, and judgment was enterea for,the plaintiff for costs. 1