ONEHUNGA.

New Zealand Herald, Volume I, Issue 227, 4 August 1864, Page 4

ONEHUNGA.

RF.PIDEXT MAGISTRATE'S COURT. AVF.HNT.SDAV. (Bef-.Te.Tohn Jennvn Svmonds, Fsq., R.M.; Ilenrv i Weekcs.' Esq , J.P.) I'ITT All V. llllAlTH WAITE. This whs an action'to recover iho Him of £10, al-lon-rvl to have been lent to the defendant by the plaintiff. The nl-iinliff being sworn, sriirl: Tam reporter for the 1 Uilii SimUicni Crow, roddinß at- Onohimga. On Paturdav the Difh July, after the lioat race between the defendant an-1 Foster in Auckland. T v.-,-is at t'no Waitetnata Hotel. Der'nidant and Foster were both there at (lie time. Foster said th:it having' lost tuc moo that da v. ho thought another race between himself and plaintiff should be made up, and proposed that .010 be at once striked on each side, which was agreed to. Mr. Copland was then appointed secretary pro. tem. Defendant said ho could not then stake his £10, ns ho had no money with him. T offered to lend him £10, and drew up a cheque for the amount on the Bank of >*ew I gave the cheque to defendant, and he handed it to Mr. Copland. At a subsequent meeting held at Otiehunsra, I was appointed stakeholder, and the stakes held by Mr. Copland were handed over to me. The stakes" were placed to my credit in the Bank of Now Zealand, amounting at that time to £60. I subsequently received £20 as Foster's last deposit. The defendant di-! no! pay bis last deposit, and eonsonueu'.lv (<.!•«.;(o,l his stakes. I subsequently paid the £S0 to Foster, a receipt for which I now produce. By the defendant: The cheque I gave you was dulv cashed. .Tohn Copland said: 1 remember Saturday the 16th July, when n boat race was proposed between Braithwaite and Foster. On that day I recei\ ed monev in trust for the race. I received ten £1 notes from Mr. Monrun for Foster, and a cheque drawn by Mr. Pittar for £10 from Braithwaite. As soon as Mr. Pittar was appointed stakeholder, I handed the stakes over to liim. This was on Wednesday, the ootli .Tnly. I paid the stakes, including- the cheque, into the ' Bank of New Zealimd, at Mr. Pittar's request. Tlio cheque was received without any objection. Charles F. 'Mitchell deposed as follows : I remember a boat raco beimr proposed between Braithwaite and Foster, at the Waitemata Hotel, on the 16th Tulv. I was present when the match was offered by Morsan on Foster's behalf. It was accepted by Braithwaite. I saw Morgan put down £10 on behalf of his man. Braithwaite said he had no money with him, when plaintiff offerer! to lend him the amount. Plaintiff then drew a ehque for £10, and handed it to defendant, which he deposited as his stake. There was no objection offered to the choque at the time. Judgment was given for the plaintiff for the full amount, with costs. ASSAI'I.T. George Parrel was charged with having assaulted W. Gavini on the 18th July, by striking him in the face with his fist. Richard M'Gee. sworn, said : On the ISth July I saw two dogs fighting, about (SO yards from my bouse. Plaintiff and defendant were both present. The plaintiff ill-used defendant' 3 dog, when the defendant struck plaintiff in the face with his fist. Andrew M'Alpin, who was present at the time of the flight between the dogs, said that he saw Gavini lmrninff the nose of Fan-el's dog. with a heated stick of wood ; and that both parties afterward's struck each other. The Bench remarked that the cp.se was one of a disgraceful character to both parlies. Under ordinary circumstances the Bench would have felt bound to inflict a hcavv fine for the assault, but as it stood, the case would be dismissed on the defendant paying the costs.