POLICE COURT.—Friday.

New Zealand Herald, Volume I, Issue 139, 23 April 1864, Page 4

POLICE COURT. —Friday.

(Before Tliomu Bucklihm, Esq,, tt.M.) | STARUIXO TVITH INTENT. | The prisoner Vm. Doran, rhargKl with stabbing i Joseph Martin, with intent to do him grievous bodily | harm, wad further remanded until Saturday morning, ; inconsequence ol' tlie injured mail not being sufliciently ; recovered to appear lit Court. I MALICniVS TIIKMWSS. i The easo of Donaldson v. ( ruickshunk, for the i at) o ve o'Vcn-re, was withdrawn. ( All*. W'vnn appeared tor the plaiutifl. : DRUSKAUIW. John Glec.son, George While, John Onion, Ann j Fit.'.Simmons, ami Ann Shields, wore each lined 'Jus. j and costs or iS hour.-' hard labour, for being drunk, j ' Anthonv Manly, a s,>idier in the 1-lth Regiment, | was order, d iu ho handed over to the military ! authorities. 1 11. JONT.fi V. C'.U'T. m.INTIS. ] This was an action to recover The sum of €10, ! damage sustained through plaintiff not having been ! provided with proper accomodation, oil board the | • Queen,' on her passage from Lyttelton to this pint, and contrary to tho terms ui agiceme.nt specified iu his passenger ticket. Mr. Muirhusm appeared for the plaiutitf, and Mr. V»"ynn, for tuo ueiendaut. iienrv Joued, swoin, deposed;—l took a jusstg in the s.a. ' Queon,' from Lyttleton to Auckland, from MePhcrson, the advertised agent oi til' 1 X./.S N*. Co. I look a Hteeiugo passage, and paid i'S for it. On the passage I had to sleep in tho coal hole, most of tlio time upon the coals ; sometimes tho coals weie shovelled awu\ from under us, and sometimes the coals would roll upon us. I agreed with the agent to have a fore cabin or steerage passage. Upon our arrival here we gave all our tickets to the captain. The ticket agreed to furnish lue with a fore cabin or steerage passage to Auckland, upon the payment of .CS, and signed by Alel'herson, the agent. 1 am certain it said lore ca'»m or -steerage passage ; 1 had neither exci pt the coal boh; to .sleep in. There was no room below to get our meals, so we had to take it ou deck ami eat it. 1 think there wei\. about a dozen : besides in.: iu this coal hole. James CitUoon and i William l J hiiiis were treated in tho same way as i myself. There was a steerage par-seiiycr ol' the- name j Oi Henry Lloyd. Upon our on board »v j asked th« capt.tin and mate tor uceoiiiodf.Uon, and thtV Mid the lol'Q Cabili Was lull and the uoal hole j Wii.i the only place wc- couid go into, i" lay my j damages at ilO, but Consider it luueh more than that, j Tho place Wiu nut tit tor a human beiug to subsist ! iu. j Class-examined by Mr. Wynn:—l did not see tho captain beioie 1 came on board; I only knew j Mcl'iiorson was tho agent by swing the advertise- j uitnt iu the newspaper. Tlie ticket did not state I what accomodation the steerage passage consisted 1 of. I Ci'.pt. Francis, sworn, deposed : — lain master of | tlie s.s. ' Qtu-cn.' Tlio agent for tlie ' Queen' at ! IjVtteiton U ilrumiuond Mcf'hetson. J have not tho i passenger ticket with me at present. i James Calloon, stated : —1 was also a passenger by j tlie ' Queen.' I'l.iintitf was sleeping with me in the ! coal hole, and had to take his meals on dock. There j was not room to get the meals iu tho steerage. Tho I bunks were all occupied. ! Plaintiff recalled and examined ly the Bench:— j When 1 went on board, and we were outride of the ' heads I asked tor my bunk, and was told there were ! none. 1 did not aok for it when J went on board. | Henry Lloyd, stilted:—l was also a passenger by tile s.s. ' Queen,' from lhmedin. I had a steerage : passage, and occupied a bunk all the way. l'laintilf ! came on board at Lyttelton and had to sleep ill the i coal hole, ' Mr. Wyim contended that no case at all had been | made out agiyjist his client, and the captain was not ! liable tor the inconvenient.-*.- the plaintitf aad sustained. ; l'laintilf was himself wholly to blame in not looking ! alter his bunk when he lirst went on board, he waits ' until the vessel has got out to cea, and then asks for j his lore cabin, he is told that they are till occupied, ' and then has to fall back upon the steerage passage, j which is not described in the ticket, tho coal hob.- ' might be included as a steerage passage. | Mr. Merrimaii stated that on the contrary the j captain was wholly liablo, and if not who wus. Ho, should ask the Bt-nch to give a verdict for tho mil ; amount claimed bv the plaintitf. This case had been J brought into Court as much for the purpose of show- ; liig Up parties who practised this bad system of ship- i ping pas.sfcngern on board like u tlock of sheep, and ! then driving thoin down into a coal hole to sleep; j that Was one of the chief reusons this case had been i brought into Court. liis Worship remarked that the Court had not the power to give a verdict against the defendant, as it was not proved that he wim the party liable. There wus another course open for tho plaintitf to secure damages, which there was no doubt he -was entitled to ; he could either sue the agents or owners. A liou suit must be recorded. gkekxaway V. COCURAXE. This wus an action brought by Mr. Qreeimwuv ftguinst Mr. Samuel Cochrane, to recover the sum of £7 14s. ad., alleging to be money hud and received by defendant for the use of plaint ill", on or about the 23rd ilarch, ISG4. Mr. Wynn appeared for the plaintiff, and Mr. Beveridge for the defendant. Mr. Wynn : In opening tho ruse said lu: believed that Mr. lii.-verii.lge had some objection to raise, and he .should like to hear it before the evidence went on. Mr. Beveiidgo : Said be had great object inns ; first ho objected to the plea altogether, it ought to have contained Inller particulars, it set forth Ihut tlie defendant loci iveil and uned ceitair. in-wiics, to (he amount of £7 l is. Oil. for the u-e of plaintiff on or about the '-ißrd March last. This would have done iu the rsupreme Court, but would not do in this Court ; the particulars should have been much fuller. It did not state what w;i« flic matter in dispute. Mr. Wynn said the case had better go on, and if it was proved that his client was really prejudiced to any one, be would consent to a non-suit. ■Mr. Bevcridgo again contended that the particulars ought to have been set forth more fully ; iL did not state what was really the matter in dispute, it might arise from fifty different causes. Mr. Wynn could not agree with his learned friend; he thought, that, nothing could be nioro explicit than that set lortli on the face of the document ; it sought to recover the sum mentioned, which had been had and received by the defendant for the u.-e of plainlilf. Mr. lieveridge said if 111«■ v were able to prove that defendant bad rcceivtd a sp- eilie sum of nioncv on that day, he was ijuite prepared to go on with the case. iiis \\ orship remarked tlmt it was not compulsory to name the exact day, as long as it was somewhere about the time. .Mr. Wjnn slated it would be better, perhaps, to give an outline of the case, and then it would give ?ome idea how the case arose. M r. Cochrane, the defendant, was an auctioneer ; Mr. Greenaway, the plaintilf, instructed hnu to sell bis property at Remuera, and to bring it into market in the usual manner; Mr. Cochrane advertises it in two papers only, tho Southern Cross and the llcn'Ul; Mr. Grecnawav not being satislied speaks to Mr. Cochrane about not advertising it in the iW'w U'ntlrr. Mr. Grcenuwav then goes to the Sew /eiilainlur, and instructs the clerk, Mr. Lepine, to insert it iu their puper the same as the others. When they came to settle up, Air. Cochrane charges him C 7 M-s ihl., being amount of advertising in the -Vtw /culnnt!ci\ which was deducted from the proceeds of the sale. In short it was paid to Mr. Cochrane to p.iy to the Stir /enlunthr, and then it appears there is some old dispute between the defendant and the proprietor of that puper about some other account, and he will not pay this £7 I ts. 9d. until the whole is settled up. Then Mr. Greenaway, who is responsible for the account, and not Mr. Cochrane, is charged for the advertisement, and several times presented with bills for the amount. He, therefore, when plaintiff finds that Mr. Cochrane will not pay it, and he is liable for the amount, sues Mr. Cochrane for the money paid to liini for the -Yf''- 'Aealamhr. No doubt Mr. Cochrune would pay the account, but owing to some dispute or disagreement between hifli and the proprietor will not do so at once, which therefore renders Air. Greenaway liable for the account. It wus needless for him to say any more, for Mr. Cochrane knew more of the circumstances than he did. Mr. Beveridge remarked that that materially altered the case; there bad been one general settlement, and not a speci.'ic one fori;? Ms. Ud. He did not know anything about this ; neither bad be heard of one general settlement. '.Ilie document certainly was not explicit enough ; and he could not., under tlie circumstances, go on with the case, for he must consult his client further upon the subject. The cas.had only just been placed iu his hands, and he must | a3k for an adjournment. •Mr. Wynn consented to this, provided Mr. CocliI rane, would go into the box and swear that he could

not let the case proceed to-day, and pay tlie costs for I the plaintiff. This Mr. Tieveridgo objected to do, hut stated that a few minutes would do,' if the Court would let it i stpiid over for a short time. ; This wa* consented to, and tlie case was adjourned i for a quarter of an hour. Upon resuming the case Mr. Wynn called the plaint ill'. Christopher Greenaway, sworn, deposed: I am plaintiff. I employed Mr. S. Cochrane to advertise j uad rt-!l by auciio'u my property at Reinucra. Ho ; a.ivertised'it iu two papers only—the Cross unci the i Jterald, and not in the Xrv: Zcaln-.ulrr, as ordered. [ ; went lo Mr. Cochrane and told him of it, when he said the -Yen- Zeatamltrr was not of much account, and Hiei-elon- it wns not much oilds about its being advertised in tint paper. 1 then took the advertisement | now produced tothe XcivZcdlandrr olliiv, mid ordered them to put it in ; I gave it to Mr. Lcpinc, und lie ; hud it put iu the paper. Afterwards Mr. Cochrane ! sold the property, und we cume to a settlement, when I he presented me with tbo document now produced. '; [-Wip Znilnnd,-.- bill rend iu Court.j It was mi self that put that advertisement in the X»w Zea/tnider, ; and 1 inn .-till liable for 1 hat amount. Subsequent to ; that tiuio I bad seen Mr. Cochrane respecting the ! bill. I said to Mr. Cochrane, " You have not paid ! this account lo tho AVie Ztohvuler, and they have ■ been asking me about it." Mr. Cochrane said, " You will not get the money from hew," and I said, " Why, I have referred them to you and you will not pay it." lie stated no reason, but said they would not. get it from him. I said, •' You will neither pay me back j the nionev nor give it to them:-" I then said, " 11' i you do not p-iy it, I will bring it before tlie Curt, j inid see who has to pay it." lie refused to pay, and 1 brought him to Court. Cross-examined by Mr. Beveridge : The advertisement i now hold' in my hand was what I took to the A>ic Zrufnndi-i: 1 know tlie document now produced by Mr. Lepine's writing in the corner. lam certain Sir. I.epine's name i» in the corner, [Document examined, and Mr. Lepine'sname not found on the paper.] Mr. l.cpine at any rale wrote I Komethini; in the corner of the paper, and then j handed it to another person to go to the printing j OlHec. f told him t-i put it in a< often as tho paper : came our. X nevor tol.l them tu withdraw that ! advertisement, but was several times in tile oliice ; f went several times to keep tlie adverli.-ciiienl all alike in th- three papers. I think I did order it K> i be discontinued :it was afterward* put iu again. 1 j did not tell Mr. Uiuldelev to insert it in the i\Vi» Xrtiluntf,-i: The Xm Ztalmidn- abided by my instruct ionsi. When we settled, Mr. Cochrane showed inn the account sales ; I have them with me now, but I refu»c to produce them. His Worship : If you have them you must produce them. Accounts produced. Continued: 1 did not hear the accounts read over before 1 rcc-ived them. .1 receipted the account now pi-odii'-ed, pui'|>oiti>i!£ to hav,; received from Mr. Cochrane £:;,!lll> Ss. Id. iu lull. I called at the ,\V-r Zrtifahiirr ofliee, and they claimed tin; amount due from me. It was on the 23rd March, 18G4, that I received thu money in full from Mr. Cochrane, and | the last claim made by the Stic /.mlantler upon mo j for payment ofthnt account was on the 31st March. ; I was" in thu -Y< ■/• Zailnuilcr olUee several time? I between that, and asked if it had been paid. After! j got the bill from the Se,r /.udmtdcr I settled with j Mr. Cochrane, allowing him credit for tho amount due. I Mr. Uevcridgc : AVill you please rend the adver- \ tisement you now hold in your hand, and you stated ; you save io Mr. Lepine ? j Mr. (.i iveiiuway : 1 shall do nothing of the kind. | Mr. lievcri Ige: You will not read it? ] Mr. Wviui : Heallv inv learned friend is putting a very indelicate request to my client, when he knows perfectly well that he can neither read nor write. Mr. iSeveridge : I was not aware of that; and strange to say, I hold his signature to a document m my hand at thi-. moment. '.Mr. Bevcridye : Will you swear on your oath that you -avnj ii-keil lo pay for the whole amount of ii~i Wα. Dd. be lore ) oil had rn<(iU".led them to give \ou a oopv of the account already settled by Mr. , 'Cochrane '? i ; Mr. Greenaway : I shall do nothing of the kind; 1 I have been sworn before, and know what a>. oath i±. ! Mr. YVyiin : I submit that thu question is iriegular : and uncalled for. j His Worship: Ido not think tlie question has I materially to do with the casu, but thu witness must I imswtr till questions that tho Court rules as i regular. j Mr. Beveridgo: Did you ever direct Mr. Uaddeley, I Mr. Cochrane,'.-, clerk, to insert tin; advertisement us it appeared iu the Herald und Cross, in the Sitv Zealander. Mr. (ireenaway : X>>! Mr. Lci.ine, swi.ru, stated:—l was managing the advertising department of the Xew Zeaiumler up to tlie 4th March last. Tho memorandum written in the corner of the advertisement produc.-d is, " to bo charged to Mr. txifeiiaway." Mr. Ureenaway ie rus-pon.-iblu for the account. Cruss-uxumiuL-d by Mr. Uevfiridge: I believe it was advertised once.. Mr. Greeimway called next day, and ordered it out for Homo alteration to be made in it. I did not receive any further notice from Mr. (Jreeuaway, but had some from Mr. Cochrane'* cfork-, Mr. Bad'clcly. AiW it had been discontinued I received instructions lo insert it again. Ke-exainiiied by Mr. Wynn: J do not know who gave me the instructions, I cannot recollect. 1 have now left tlie Xt,- Znilam'rr, but if the manuscripts were produced I i.mld tell. Mr. Cochrane told me to charge this whole, of the advelti.-cinciits to him. Mr. S. Cochrane deposed: I was the. auctioneer engaged by Mr. X Jix-i.-naway to .-ell this property. Tlie accounts now produced'are the ones that wen' signed at tin.- settlement. 1 received the account now produced from a man representing himself to he a Snc Zi-altnidrr man. Cross-examined by Mr. Iji.vcridge: 1 have olfcrcd lo pay the account both to Mr. l,i;pinc and another I clerk! Tho Xnv ZrPlimder have charged mo with the I account, but will not take; tin; money. Tho account e :ili;s w, : ru settled in the presence of Sir. Gm-llaway's solicitor, Mr. Jackson, and wen; all read over belore buiiitr signed. The book produced is the pass book between myself and the Xttr Zi,,(<u>drr. 1 received Jit last night. I fravu instructions lo tin; AVw i Zctil,>,,,Ur about my advertisements. i liy Mr. Wynn :'— 1 was actinias Mr. Gix-enaw.iy's I aceiit. I have otfered to p.iy the account a folt ight I ago to the Sue Y.tuttiiultr clerk. I Mr. Wynn : —ls it paid r I Mr. Cochrane :- 1 have offered to pay it. I Mr. Wynn:—But i.-. it now paidr I Mr. Cochrane: — I have. ..lU-ivd to pay it. I Mr. Wynn :—Will you answer my question, is tho I account paid Y Mr. Cochrane :—[ have offered to pay it. The licuch: —You can say whether it is paid or not. Mr. Cochrane :—lt. is not paid, but I have oiTered I lo pay it. This is a. most aggravated and perversa I cute, jiiet brought into this. Court to annoy me, and I I am sorry to have to tay so. I Mr. iiaddeley was Uien called and proved tbut an uilur tu pay tin; account to the Xrw Zni/nudiT, was made a lo.'tnight ago. Mr. Jievtriiijje then htiited that they were quite prepared to pay thu sum immediately to the AV-w A-ulaiidir, but not to Mr. (iicenav.ay. The settlement had only been made about three weeks, and no action had been brought by the Xtic Zralmtdvr against Mr. Greenuway, and therefore.it was a very premature case got up lo annoy and aggravate Mr. Cochrane. His client was prepared to pay the amount to thu Si-w Zealunder Immediately, and to no other party ; it had been oU'ered, but refused so that this case might, bo brought into Court. They did not dispute the account with that paper. Mr. Wynn objected to this mode of proceeding ; ho would accept of no other proposal but by paving Mr. Greenaway the .sum sued tor : he would nut have it paid to tlie AVw Zmlmiilvr, for Mr. Greenaway was still liable, and had ;> perieel right to a judgment. ilis Worship remarked that it was a grout pity that a case of Uiis nature, hud evci been brought into Court. There w,ts not thu slightest doubt that the Mini would be paid by the defendant in the regular course ot business, lie. would review the evidence and give judgment on a luiure day. Stuangjs Contrivance.—An editor says he has seen the contrivance iawycis use when they "warm up the subject." Jic says it was a glass concern, ami holds about a put. Okoa.n Uoi\—•• How well he plays for one ho young. " said Mrs, I'aniugion ueliiu organ boy per- ! formed with the monkey near the door; 'and how much his little brother looks like him, to be sure." 'i'lifE i'EKLixu. —A. Quaker omvhearing a person tell how much he felt for another who was°iu distress and needed assistance, drily asked him: '-.Friend 1 httet thou felt in thy pocket for him '<"