MAGISTRATE'S COURT.—Wednesday.

New Zealand Herald, Volume I, Issue 251, 1 September 1864, Page 4

MAGISTRATE'S COURT.— Wednesday.

(Before Thomas Beckli&in, 3\.M.) HUUNKAUUS. James Brown, John 33rown, "\\illi»m O ISrien, "Williflm Patient. George 'Inylor, Charles C.orwv, Robert. McDougal, Thomas McGregor, and Jolm Williams were each finocl 20s. and the costs, or 'lb hours' hard labour, for being; drunk. UUKACH OV TIIK I.ICKNSTNCr ACT. Madame Montazan. proprietress of the Loin Monte/. Hoard and Lodging lie-use, was charged a breach of the abort* Act, by selling wines and spirits without a license. Mr. Heveridge pleaded guilty 011 behalf of the defendant, stating that he thought seme allowance should be made on account ol her being a ioreigm r. nimble to speak Tinglifh, and unacquainted with the laws of the country. She was-under (lie impression (hat she cculd Veil wire?* without a license. However, she was verv sorry that she had otlended, and promised that it shonld not occur again. The Commissioner of Police stilted that there was another information laid against this house, but- as she had pleaded guilty to ibis one he would withdraw the other. The oflence had been dour so openly, she having been on three dillerent occasions detected, and cautioned of her so oflending. besides this, the house had received a very bad name, at lenst by repute, ahbeugh no complaint hod been laid at the Court in reference to it. The police could not, either, eive any evidence for or ngairst the homo.

Bis Worship snid that defendant had had plenty of chnnccs of knowing that site was doing wrolijj, and should line her the full penalty, £'. r )0.

TIZATU) V. NOMUS. This was a case adjourned for judgment. His Worship ordered a non-suit. HNOJJC.ItAPS V. UKNNETT. Mr. Bevcridge appeared for the plain I iff, and Mr. Slerriman for tlio defendant. This case waf. Nt the request of Mr. "Winn, adjonmctl by consent until tlie 20th September. ATIKANK V. MUItIIAY. This case was. Nt the request of Jlr. AVynn, adjourned until FVichiy next, at one o'clock. HAlilllSON V. HECK. This was an adjourned case. Claim for a diamond ring and gold chain, left with defendant, a." security for money lent . Sir. Merriman appeared for the plaintiff, iiMr. Wvnn for tlie defendant". The plaintiff having been sworn stated: On the nth .August I left- some jewellery at u jeweller's shop. It was a gold eliain and diamond ring. These things were to be redeemed in a month, upon payment of the sum of .-£■! and expenses. The ring Was worth about .-£7, nnd the gold eliain about £7 or ;tB. f only deposited the things as n pledge of payment for the £4 advanced in one month afterwards. J have applied for the tilings and tendered the money, but have not yet got them.

By Mr. Wynn: I will swear that I left them on the sth August. Mr. Bt'rk was the only person T ofl'ercd them to. I was not to give Mr. Heck any interest. My landlady tendered me the money. All I want is the things back again, and T am willing to pay the £4, and what interest Mr. Beck likes to chaige. 1

would give anything to got the ring back again, as i w as a gift.

By Mr. Mcrriman : There was no aprecnicnt made that Mr. Beck was to claim the property if it was not redeemed in a month.

Mrs. O'Brien deposed : I'laintitl'lodges in my house; I received orders from him lo go to the defendant's shop and tender him £4 for plaintilVs ring and chain. I placed the £4 upon the counter, hut Mr. Beck said it ought to have been redeemed a fori night ago, and Mrs. Beck said that the ring was seld, and they could not get it. This occurred on the 15th of August. I also told him that any other reasonable eharcc he might make would be paid. Mr. Beck said Unit the chain had been cleaned. By Mr. Wyini .• Mr. Harrison was with me at the time. 1 went as a witness to the transaction. Mr. Beek never said that he bought the chain as old gold. Complainant closes.

i'or the defence, Hicliard Beck I cing sworn, deposed : I pot tin- ring and chain from the plaintilVon the 28th .Tnly. He ollcrcd me a watch, but 1 said T would not buy it for oltl pold. lie then produced the ring mid cbiiin, which I purchased for .M. which was its value. When he said he would like nt 11 future rime to redeem tieni : 1 paid I would keep fhrm for ii fortnight for him : Unit was after T Imd bought them from him. I saw h'ui apain übmit a week niter, mid pave him some more money. On the 15th .August lie dime again to my shop. with Mrs. O'Brien. Mrs. O'Brien oflrrod me £*4 for Mr. Harrison's chain and ring. lie told llie in Airs. O'Brit n's presence that he sold them to mens old pold, and 1 refused to pive tin in up. Mrs. Beck was also pjeseni. They only otl< red lite X'-l, but 1 raid T never was in the habit of lending moncv.

By Mr. Mcniman : ]t if: to l,uv these things np '-Id void. I ivrnil/I j>ot 1 liy u diamond ring as <<]<] gold. T fold tlir ring, hut have got it bark again; 1 got £-1 for Ili'* ring alone. 7 have never atti mpl»'d to sell the chain : it is worth about ;">2s. Puth the chain and ring aro in mv possession now. It was on (lie 28tli July that Hie transaction took place, and the money was ' tendered on the K>th August. I will swear that the time of redemption was not to he one month. My wife was in tin; shop when Jhe transaction took place. 'Ihere are two counters in the shop, and I was at the one on the left hand. [Here nil witnesses worn piderid out of Court.] My wife mine unci stood hpside mo behind the. same counter. I do not know whether she was theie the whole time or not, or whether she was theie when plaintiff eame in. The transaction lasted from ten to twenty minutes. Mrs. O'JSrien never made nnv ether ofier but £4.

1 hat was the ease for the defcndanl. Judgnient reserved. SCOTT y. STI'VKNS. Claim for 12s fid, damage sustained by defendant haying illegally impounded a tow belonging to the plaintiff. Mr. lieyeridge appeared for the defendant. Plaintiff stated that on the l!)|h August he went to the Pound at Newmarket, and found his cow there. Hero the case was adjourned until Thursday week, for the production of the Pound-keeper. AITKBN V. STKVKNS. Claim for £1 Ids. Tbif? was a similar rase, and was also ad journed for the production of tho round-keeper. AITKE.V V. STIiVF.NS. Claim for £2 ss. This was also a claim for illegally impounding cattle belonging to the plaintiff. PlainlifV having proved that tho defendant's land was not properly fenced, and that his cows were illegally impounded, judgment was giyen for the amount claimed. . _ ' ITjiiai.v v. rOLi:. Tho plaintiff not appearing, this case was nonsuited. irmvAKii v. nvnniN Mr. Wynn and Mr. l'.rooklield appeared for tho plaintiff, and Mr. Reveridgo for the defendant. Mr. Howard, sworn, deposed : T am a farmer, residing at the Tamaki. On the 4th April last, I purchased a stack of hay from Mr. Kyburn. Mr. John Grigg was present al; the time. Mr. Kyburn guaranteed it as good c|uality, and contained some 115 tons. 1 bought it, from his description. I did not see the hay. The slack has been out, and it has turned out rubbish, not fit for bedding. It is light hay, and only contains 25 tons. The"staclc has been cut at. both ends,' and is had right through. The Commissariat refused to take it, and condemned it as being had. J have suffered damage to the amount of £200, but only claim £50. 7 hare since had a eonTcrfiation with Mr. Hyburn about, the stack in question, and he said he was deceived himself with the hay.

33y Mr. Bevcridge: I saw (he liny growinp, and also saw it wliilst being stacked, but at a distance of about half a. mile. I was iu a paddock at some distance from it. Defendant said that lie would rather sell it in the lump, and asked me to buy it before it was cut, as also afterwards. Defendant knew (lint I wanted tlae hay for the Commissariat, because I was the confi-uetor. Ife said the stack contained between 30 and -"tO tons. I have removed about 3 tons of tlio hay. 11 lias been taken from both ends of the stack. Kyburn. said he was certain that there was 33 tons in the stack. I have had the stack measured, and Jiiul that tuere is not 28 tons in it. I was not present v. lion the liny was removed. I have since seen 1 Ho three tons piled up, comdcmncd in the Commissariat yard s. I do not know what the measure of the af 'k '3- I spoke to Mr. Byburu about the hay ab'Out two or three months after the sale. I have sustained damage to the amount of ;C2OO. The portion of the hay which is remaining is not worth

£'50. Ido not know whether it was fino weather when tho stfick "was cut. I Jty Mr. Brookficld: Tho stack was left in ii safe condition, frrin being damaged by ruin, after it was cut. Ihe cause of the huy being tiad is its having hem starred whilst it. Was "wet. 1 t;nd that it is damaged right through the Mack. .Mr. Bybuin said mv beiuir a contractor to the Govcrnim nt, it Mould do Tor me very -well because it was so luar. 1 told burn of the condition of the hay a wick aller it had been condemned. By the Bench : The hhv is not worth 40s*. per ton. Chas. Brown, sworn, Mated : J am hi Mr. Howard's employ, nnd have been in the regular habit of making, cutting, and stacking hay. J know the stack of hay in question, and was Pent by Mr. Howard to cut it. Thomas "Welch was with me also. When wo opened the stack we found that it v;is damaged hay,cuusid by its "being stacked whilst wet. Wo opened it at both ends, and took away about live lons. The hay was very light. We also measured tho Mack both before and alter we cut it. It .contained by measun ment about 24 tons. Ido not know what is tho value of the hay.

Jiy Mr. Beveridgo: The five tons that was cut was takeii to Penrose. We did not lcmove all the eut, but left it covert dup with a winnowing sheet.. 1 did iu t fr'W wy °f it weighed. T reckon thoic is 21 tons in the stack. Tito stack measured 8,400 feet, and I allowed 5 lbs. to tho foot. Good heavy bay will run from tfi to 7 lbs. to the foot, btit this light hay would />ot run more thiui 6 itw. to the foot. There may have been 134 tons or 40 tons in the stack, for all 1 know.

By Mr. Biookfield : I know theie is not 40 tons in tho stack. "I allowed i\ lbs. because 1 did not want to bo under, but T do not think it would run 4 Ibj«. to the foot.

By the Bcnch: I measured tho trusses, Hit did not weigh them.

Thomas Welch, sworn, said : Tam fann labourer in tho employ of Mr. llowaid. .1 was sent to cut a hay stack on Mr. RybumV farm. I opened it atone end and found it very bad l.ay, in fact, some ot the worst hay T ever cut. Tho hay was light and quite' smoky, and damagedthrouph being stacked when wet. H was not good maiketahle hay, and 1 would not have given him £4 per ton for it. I do not know how much 7 eut. The hay was damaged bclbie it Was stacked.

Hy Mr. Hovcridgo: The hay "was *lry and quite light, black, and dirty. [do not know how n,ueh_l mi. 1 have had some experience; in making hay in New Zealand, it was not wet. weather when wo cut the Mack. T was at work enttting bay *hr three or four davs. Tho hay after it was cut and tinned was <■ovcn.ll up With a sheet. Seme the; hay was Mot when it Was taken away hy Hit; commissariat (arts; .1 ihink an odd truss or two. J recollect. Sir. Pybum coining one morning when wo were cutting, hut 7 do not ) i member whether he complained of the hay being damaged in conscquence of its being exposed to the rain. Serine of the trusses were very heavy with mill when put upon tho cart . The previous night might have been a wet ono or not, hut I do not know. I do not know how many tHisses are now lying exposed to the weather,perhaps ten or fifteen. We covered up the ends of the stacks when wo left.

Hy Mr. Hrooklield: 3 will swear that when we opened the stuck lite hay was bad. l*'cine of the liay vns enrtcd away the Jirst day it wu* cut, and that Mould he dry. "What was left at night was covered with a sheet. I saw the remaining portion of the Mack on Sunday last, and it appears to be in the same condition as when we opened it- Had the hay been good, the rain Mould not have soaked through the truces like it did.

•T. J*. Du Moulin, sworn, said : 1 am QuartcrnmMer in the Commissariat Transport Corps, and it is my duly to examine all hay coming lo the Commissariat at lYnrose. 1 recollect four eart loads coming frcm Mr. Howard. It was very had, not even lit for bedding. r J be fibres wore all co\cred with mildew, and tho leaves all absorbed, and such l ay is veiy injurious to horses. f lhe hay was not wet, but I rejected it most decidedly.

Hy Mr. Pevcridge : Mr. Howard is contractor to the Commissariat. J exan incel nil the carts of hay tbut tame, for my attention was drawn to tluni. Kono of the hay was wet.

Hy the l'ench : r J he hay was damaged through it having been stacked when wet. it could rot have had that appeajance bail it been wet a week bclore. That was the only hay rejected, anil I pointed it out to Mr. Uowuul.

Complainant close?. Mr. sworn, stated : T sold this stack of hay to the plaintiff. T was at Penrose and nut Mr. Howard there, who paid shat be had been lookini; at my stack of hay, and thought that it was rather ehy. I said that some of it was dry. hut for the mosl part 1 thought that it was good hav. 1 sa;d 1 expected (line voultl l-o iiliruf :!(> or .10 tons in the stack. Plaintiffthcn offered me i.*2UO for il, hnt I declined it. sayinir 1 would rather sell it by the ton. at itS pn* ton. lie declined, saving be wotdd rather hoy it as a whole, and 1 then told it to him b«r .L"-i3O. 1 (hen said J wanted a ton of if for mv own use. and he sold me a ton for £K. The hav was good when it. was put ii (o tlie stuck. 1 saw tho hay all»-r it mji> nn by Mr. Howard's men, and part of it looked dry. I ut >\ was veiy gnoel buy. It was very wet weather uhen the slack was cut. 'Jhe hay that I pot" was good, and the horses cat even* bit of it.

Hy Mr. Pronkfield: I do not know what was the state of my horses after eating this hay. 1 used ball a ton. I told Jlr. Howard that the bay was lighter than 1 expect*el. .1 have had Feme cxpeiience in making and stacking hay. This hay was Mackcd in January Inst. Pai tof it had to he tuna d < ver H veial times in coneupiencc of the wet. I considerthe hay fetched a good price. 1 imasurcel th.e stack and alb wi <1 twelve yaids tor the* tin, anel I told }Ir. Howard that he: ought fo know, for he knew irieu» about ineusuri mcnt than T did.

Hy the Pencil : 1 do not know how mr.ny fnnses I had. One or two of the trmses wen* v< ry dusky, but I aecountcel for that to tlie;ir being cut fixui the outside.

Mr. "Wallace, sworn, deposed : 1 know the stack of hay in question, for I made it. It was good who],.seme hay when I stacked it. I have had about twenty years' experience in hay. It was dry ami wholesome when stacked. I should say there was from 20 to oO tons in tho stack, but .7 cannot say positively.

Hy Mr. Hroolcfield : T made tho stack, and there was not a drop of rain during the time*. 1 did not niako tho buy. only tho stack. After I thatched it, 1 did not see it after for some time. T saw the stack the other day when it was opened. Part of it is not good hay, but it is perfectly free from weeds. All the hay was dry when stacked, but there -wore some; docks in it. It w-as not too dry for stacking.

Hy Mr. Peveridge: Xo doubt the ha y stood a good deal of rain in the making, but still it was good wholesome hay when stacked, even above theuvi-r«no. Hrv hay improves by being stacked.

Mr. Hamlin, sworn, deposed : I assisted in making hoth il)o slack and the )iay. H was j*oml wholrsonir liny when put in the stack, ami in £«>od unlcr l.astacking. J have seen Ihe haystaek sine l it has hrni euthy Mr. Howard's men. 1 have been fanning all niv lifr*.

l»v ]\fr. : 1 have "been farming IS year.-. T assisted in making the hay. \Yc had fine -wrath" r. A littlo hut nothing worth speaking of ; nothing to hurt, the hay. One or two acres wore turned ovt r in eonsequeneo of the rain. T was not thrre the whole time it was milking; hut, childly when they were carting it to llic; 1 w:is present cveiy lime the liny was handled. It was ahout a fortnight or three weeks before tin; hay was prepared for'stacking. Jt -WHS ii wpk in cock. The hay, generally speaking, wis of very good f|iialit;.- wlion slacked. It was two days in swarth ; -from two to three (lavs in win rows; -dlei-wards about eight or nine .lays in corks. That- is the way-1 would in.rke inv own liay. ISome of it was tinned, hut not spread, while in swarth.

His "Worship deferred judgment in this case until a future day.