MAGISTERIAL.

Lyttelton Times, Volume LXVII, Issue 8149, 21 April 1887, Page 3

MAGISTERIAL.

CHRISTCHURCH. Wednesday, April 20. (Before R. Beetham, Esq., R.M., and H. J. Hall, Esq.) Civil Cases. —Birdjing v. Goodwin, claim .£49 3s Cd. Mr Deacon for plaintiff; Mr Stringer for defendant. Claim for wages as manager of the Kaituna farm at £9O a year, and £lO rise. Plaintiff stated that he saw defendant on Oct. 14, when Goodwin offered him the management of the farm at £9O per year, and £ 10 extra if the lambing was good. The bargain was closed on Oct. 23. After a period defendant gave plaintiff a month’s notice, and afterwards wrote telling him to go at once. He had been there then about five months. Had received one month’s pay. Claimed for the balance of a year’s salary, as he had agreed to a year’s engagement. Defendant stated that he never offered the man £IOO a year. The lambing was over when lie came to the place in October. He took the young man because he knew his family, and tried to patch up a difference plaintiff had had with his father, but did not succeed. Understood that he was to pay plaintiff at the rate of £7O per year, the same as he paid the last man. Did not have a written agreement. Considered that he had paid him £l7 more than he owed him already. The Bench decided that plaintiff had failed to prove his claim, and should have protected himself on entering into his engagement by a written agreement. Judgment for defendant with costs. —Delamain v. Puschell, claim £25. Mr Stringer for plaintiff; Mr Byrne for defendant. Eearon, manager for plaintiff, said that the mare was hired by defendant on March 27 to go to Dunsandel. The distance to that place was twenty-five or twenty-six miles. Told defendant that the mare would- have to be rested there for some hours. Defendant returned much earlier than was expected, with the mare in a very distressed condition. Called in a veterinary surgeon, and about half an hour afterwards the mare dropped in a loose box and died. . She was in good condition fora journey, and 1 bad had only a light week’s work. The mare I

was an extra good one, and was worth more than £25 for stable work. To Mr Byrne : The mare might have been thirteen years old. Did not think that sending her to Sumner the evening before made any difference in her ability to do the journey; she was driven by a careful man. She was a good animal, and could go eight or nine miles an hour. Sent to Puechel that night telling him that the mare was dead. C. Hood Williams said he knew the mare well; she would be worth £25. Had driven her recently, and she was in good condition. She was an animal that had done a good deal of work, but showed little signs of it. Hill, veterinary surgeon, said he made a post mortem examination of the animal. She died of congestion of the lungs and heart, rupture of the diaphragm, and nervous exhaustion. The mare was an exceptionally sound animal, both in muscle and limb. Thomas Neill, detective : Drove the mare to Fisherman’s Flat, Sumner, on March 26. The distance would be about six and a half miles. Witness started about 5 p.m., and got back about 10 p.m. Thomas aldrich, stableman to plaintiff, swore that defendant hired che mare to go to Dunsandel, and no further. Mortimer Davie remembered the mare having been let about four years ago to a man to take to Kaiapoi with another black mare. She was taken to Amberley and back, and was brought back dog-tired. F. W. Delamain swore that the mare was one of the best he ever had, and great care was always taken of her. To Mr Byrne : Gave from £35 to £45 for the two. Puschell, defendant, in his evidence, swore that the mare when she started bore to the right directly he let go the reins. After getting to Dunsandel, they stopped seven times to look at the map, so as totfud the reserve. Measured the distance past Dunsandel on the map, and found it to be 2J miles. It came on to rain heavily, so they went back to Dunsandel. Got there at 11 o’clock and left at 2 p.m. It struck five o clock as they came into town. Never used the whip either way. Had to hold the mare all the way back. She was a free-going animal. Palled her into a walk several times, and she always appeared to want to break into a trot. To Mr Stringer : Told Fearon that he didn’t fcaow if the mare had been fed. A witness named Clark swore that the mare took three hours coming from Dunsandel. Thomas Stone, landlord of the Dunsandel Hotel, swore that the mare was put up at his stables for three hours. She was taken every care of. She didn’t look fresh, but witness would not have thought it imprudent to drive the mare into Christchurch. Allowed three hours to do the journey to town in, and would do the journey there and back in one day. C. A. Calvert, V.S., said he did not think it the right thing to send ahorse out the night before it was to go along journey. The Bench held that they must had that the horse was negligently overdriven. They would nob allow the expenses of a man to Dunsandel. Judgment would be entered for £26 7s 6J and costs. LYTTELTON. Wednesday, April 20. (Before H. Allwright and T. O. Guthrie, Esqs.) Drunkenness. —Two first offenders were fined ss, or ordered to be imprisoned for twenty-four hours for this offence. Civil Cases. —W. Baxter, acting for the Official Assignee, v. C. Harvey. Plaintiff nonsuited in consequence of not being able to produce authority from the Official Assignee. LITTLE KIVEE. Monday, April 18. (Before H. C. S. Baddeley, Esq., E.M.) Civil Cases. —Edwards v. Giles, judgment summons for £4 16s 4d. After hearing evidence defendant was ordered to pay the amount forthwith, or three weeks’ imprisonment.—Same v. Mrs Giles, judgment summons for 18s Order for amount to be paid forthwith, or one week’s imprisonment.—Sperrey (Property-tax Commissioner) v. G. E. Joblin, claim £l4 16s 9d. Judgment for amount claimed and costs. OXFOED. Thursday, April 14. (Before C. Whitefoord, Esq., E.M., and Wilson Fisher, Esq.) Assault. —Leonard Wilkie was charged with assaulting E. Keats. Mr Gresson appeared for accused, who was fined 20s. Breach of Licensing Act. —F. Hodges, licensee of the Harewood Arms Hotel, was charged with supplying liquor to A. Hanna while in a state of intoxication. Fined £5 and costs, conviction to be endorsed on the license. Breach of the Education Act.—W. Harvey and Henry Nilson were charged with not sending their children to school. An order was made that they be sent to school regularly. Unregistered Dogs. —George Garliek, Arthur Bluett, Alfred Lee, D. Prime, W. Dis, and H. Askew were charged with being owners of unregistered dogs, and were ordered to pay costs, 7s, and register at once. Evan Griffiths and James Milligan were each fined 10s and costs for the same offence. Miscellaneous. —A. Case against J. Harrington was adjourned for 14 days. A slaughtering license was granted to H. Meyer. Civil Cases. —Eichard May Morton v. Joseph Condon, claim £25. Judgment by default.—P. Hanraban v. F. Lok, claim £4 12s lid. Adjourned for fourteen days. Same v. Thomas Pickering, claim 17s 6d ; same v. W. Crump, claim £4 8s lOd. Judgment for plaintiff in each case.—R. Fisher v. P. Povilka, claim £4 15s Cd. Judgment for plaintiff.—Hugh Campbell v. C. Quintain, claim £lO. Judgment for defendant.—D. Prime v. James Lee, claim £6 3s 6d; set off filed for £l2 11s 6d. Judgment for plaintiff for amount claimed. —John Brown v. John Duncan, claim £2 Is Od. Mr Gresson for defendant. Plaintiff nonsuited.—Same v, John Day, claim £3 Bs. Judgment for plaintiff.—W. Cromie v. A. Ramsay, claim £lO Is lid. Mr Higgins for plaintiff. Judgment for amount claimed and solicitor’s fee, £1 is.