IRRURANGI MAGISTRATE'S COURT.

Northern Advocate, 6 May 1916, Page 2

IRRURANGI MAGISTRATE'S COURT.

FRIDAY, MAY sth. (Befor e -Mr E. Page, S.M.) Ihe sitting of the Magistrate's C'.m.rt at Hikurangi yesterday was u;.usually short. ASSAULT CASE. ' nsing out of a dispute, ou the evening of March 11th, the police cnarged Patrick Edwards and Eugene T'.vidle with assaulting Gavin Cunningham, on the nkjht in ques. ti•■•:;, by striking him with their closed dsts. Mr Steadman appeared lor the defendants. The testimony oi Cunningham, corroborated by a witness named Steel, ■ was To: the enect that they were 1 outside the baker's shop, a little further up the ■Tivet past the Hikurangi Hotel, '"men some words passed between la-' accused and Cunningham whom ihe accused struck, causing him to •■Tagger. His hat also was knocked ii;.:, and not found when subsequently searched for. 'Edwards, a Maori, in giving cvi- :.?;:./, alleged that he had been called by an ugly name; and ad•mi tfed using his fist. Twidle S3 id that Edwards and himself had drinking prior to the disturbnee, but ■ ■■:■ imd only had two long beers, and was .positive his liquor was not stopped in the hotel, but the further service of liquor was stopped to Edwards. He went into the baker's shop, and •v.:i he came out he got on his horse. As lie gathered up the reins ho saw Cunningham struck by Edwords, and observed him stagger. He then rode away, and Edwards presently rode after him. He swore he did not strike Cunningham, and stated that the suggestion of a previous witness that Edwards had ridden his horse on to the pathway was not true

The Magistrate said the evidence against Twidle was not sufficient to convict, the case agairist him would therefore be dismissed. In the case of Edwards he was convicted and fined £ 3 with costs 245. "There appears," said the Magistrate," to have been a good deal of liquor in this case, and young men must learn that this kind of rough horseplay is not creditable and can. not be tolerated." He allowed 15s out of the fine to Cunningham for a new hat, being the price Cunningham said he had paid for the hat he had lost. CIVIL CLAIM.

Henry Woolley, represented by Mr Briggs, claimed £ 5 from James Cadman for landing, carting and housing goods,- during a period of 12 mouths. Mr Steadman, for defend-

ant, stated that 30s had been paid into Court, the rest of the claim was disputed. The evidence showed that Wolley was in the habit of landing goods in his boat from the steamer which called and anchored in Matapouri Bay once a month He landed goods for all the settlers! and all the settlers who were about the beach at th e time helped in the work. In th ease of Cadman, who lived a distance away, and in another similar case, he, and his father, before he took full charge of the work, had been carting the goods as well as landing them. In other years Cadman had been charged a lump sum of 30s for the year's landing and carting. The claim was made for landing and carting Cadman's goods for a period of twelve months during which Cadman received goods on ten trips of the steamer, out of twelve. He (Woolley) had thought 3s a trip too little, with the war rise of prices, and told Cadman he should - charge ss. Cadman had demurred and said he would see about 1 it. A day or two later Cadman had said he found his boys had been down helping and if Woolley was going to charge 5s a trip he would charge 7d for his son's services. Woolley had thereupon raised the charge to 10s a trip, and claimed £5 for landing, carting and housing in connee. tion with ten trips. A counterclaim for loss on goods had beeu entered, but Mr Brigs preferred to have that taken by itself. In giving evidence Woolley admitted that Cadman had reason in the previous charges of 30s for a year's landing and carting, to expect the same on a similar charge on the last year's work, the year in dispute. He admitted, also, that he had sprung the charges up to the claim for £ 5 because Cadman had said he would charge 7s for his son's services. It was usual for settlers to help in the landing of stuff and

goods, without being asked, and there was no obligation to pay. They rendered each other mutual service. Cadman in. giving evidence said he had offered to pay 30s and Woolley had refused to accept it. His house was 13 miles from Hikurangi and 3 miles from the beach where Woolley landed the goods.

The Magistrate in giving judgment said that plaintiff was not entitled to more than the sum of 30s, the sum already paid into court. Cad. man had paid that sum other years, and had no reason to expect an alteration of the terms. By mutual agreement the counter-claim was withdrawn and the Magistrate therefore ordered each party to pay their own costs. A dispute arose over the mileage charged by the constable, who admitted he had made a mistake, the charge being corrected by the Court.

EXEMPTION APPLICATION. Bertie W Coutts appeared to ask for an exemption from attending the next territorial camp. His father x was an instructor at Featherston. He himself had always attended his drills and camps without failure. On th' occasion he could not leave the farm of 350 acres, carrying 39 cows, which he had to manage without help, except that of his sister aged 17. The Defence Department was not represented, so the Magistrate intimated that his decision would be reserved.

DEFENDED CLAIM. Thomas 0. Ilanlan claimed £3 19s 2d from Mrs Olsen. Part of the claim was for a pig, which, Mrs Olsen stated, "was bad and could not be used." Thirty shillings being allowed for the defective pork, judgment was given for £2 9s 2d with 5s costs. JUDGMENT Bl r DEFAULT. Judgment by default was given inthe case of •William Murdoch v. Lor- ' rie Gordon for £5 2s, feosts Ss, mileage 13 s.