MAGISTRATE'S COURT.—Friday.

New Zealand Herald, Volume I, Issue 313, 12 November 1864, Page 5

MAGISTRATE'S COURT.—Friday.

(Before Geo. Eli'itt V.liotl, Ki=*p, J.I 1 ., ami J. 11. Home, K?q., J.l\) I>Hr>'KKN.NFSS. "William Margaret Lest range, aiul Charles £ anion, charged with this oifence, were treated in the usual manner, and Isabella Mcintosh ; and Klizabeth Canning, their third and fourth oil'cnces, received seven days additional imprisonment. ! ASSAVLT. ; Daniel lleardon was hrouphb up under warrant, , charged with having assaulted his wife, Kilen j l\ea rdon. The complainant did not. appear, and case withdzawn. WAI.IA<T. V. COMIIKS & 1»A1.1»Y. Action to recover the sum of iiftv pound?, for wa^es. Mr. J'evcridge appeared for the plainti!!', and Mr. "Wvnn for the defendants. Mr. !Beverid»*e applied for tlie cast* to be adjourned in consequent e of hi* client being out of town through misunderstanding. Mr. Wynu objected to the postponement. Mr. Bcveridge thereupon consented to lake a nonsuit, SWOVK V. lIUVANT. In this case Mr. VVynn, on behalf of the defendant, confessed judgment. CI.AKK'K V. CONKOV. Claim, l is., for potatoes sold and delivered. Mr. Bcveridge for defendant. l J l:i in t i(l' deposed : I suj plied the potatoes to defendant. He always paid me cash until this transaction took place. The chart s are fair and reasonable, and I have not yet received the amount. Defendant, sworn, >aid : I purchased tin; potatoes ami paid 10s.. according to agreement, to the plaintill'. I bought the potatoes on the 22nd September, and no demand for payment was made until thc'-Jlb of the i-aitiu month. non-suited with costs. imruv v. mnj.m*. Claim &i~>, for unlawful detention of a horse belonging to plaintiff. Mr. Wvnn for plaintiff, and Mr. Uevoridge for defendant. I'laintiif deposed : J recollect the UMtli of October lust, At Unit time defendant had possession of a horse belonging to me. On the Monday after the Kaees the mare was in my paddock, and the same dajwas taken awav without my permission. Front infonnation .1 received J went to Mr. Dudley, and found him in posses-ion of tin: mare. He declined to give it up to me, slating that iie had bought the horse from Mr. Jiussell. J'y Mr. Ileveridge : T last saw the horse in the Albert Jiariaeks, 011 tin: 25th of September. I had sold the horse to Mr. Jtussell for upon condition that I was to receive cash for the amount. 011 a duly enclosed bill, -which, however, was not forthcoming. 1 afterwards saw the horse on the Jtiih of sanTe month in Mr. Hussell's possession. I made the agreement as to the sale of the mnre to Mr. Kussell on the previous Monday, and never saw it, again until the Wednesday. I saw Mr. Kussell agah° 011 that day, ar.d he promised to his brother cuidorse-mc-it to the bill. J allowed him to keep the horse for two or tlm c days. I never saw the mare afterwards, until J saw it in the defendant's possession. I remember seeing it once in Mackenzie's stables. I told Mr. Dudley that I had sold the horse to Mr. .Russell under the conditions 1 have named. I demanded the horse from tho defendant twice. I will swear i never caw defendant riding the horse until I demanded it Irom hi<i . .By Mr. Wvnn : Mr. Russell never gave me the bill as agreed upon. [ often demanded .he hor.se b-jek Irom Mr. Jiusse.ll. J never absolutely sold t.lie horse Walter Dudley, sworn, said : [ have the liorse in qi esiion in my possession. I bought it. from Jlr. Ku-sell 011 the fitli of October for J;<f 12s. 'J be horse was injured by a l;ick at the time. J produce Mr. lius ell's receipt. I got delivery of the horse the same day. J heard about the 'JthorlUth that the plaintiif claimed the horse. On the Jilth of October the •plaintiff demanded possession of the horse. I had had several conversations respecting ir previous! v. 'i he plaintiif s lid whar. a scoundrel Juissell was tor not paying him, and that he would send a warrant alter hnn i( lie could, i li-ul to doctor the horse, anil I afterwards sold it for .UD. 3*3' -* ■ ynn : f paid about .117 for the dociol-ing of the horse. J. used the horse during the time. J sold the hors? to Mr. Hunter. JSdwin ' harles deposed : I bad :: conversa--lion with Mr. Drury respecting the horse in (iiiestion at the Crown Hotel, in Urey-street Tin; plaintiif there told ne that- Mr. liusscll had bought the horse, and that Mi R tssell's brother was to become security for t}ie puyn ont of the sauie. Verdict for defendant.

g-1- I 11 ,1 . _ — . -GASUKT, V. ADAMS. Chum £3 10 s ., for wages. laintifl, #woni : I'was a fortnight mid three dava in the service °f the defendant, who is proprietor of (he Iheatre Hoynl Restaurant, I was dismissed by Ml ■ Adams. J claim one week's wages which I did not. receive, mid also t.lie customary week's notice. I 0 ulm ■''I 10s. for my .board during that time. By the defendant: T believe I demanded the amount, of my wages from you. T broko two glass vii.se son tlie Monday morning. You told me not to put thorn m hot wider. 1 was not guilty of negligence m tlic accident. By the Bench : I was engaged to make myself genorally useful. 1 lonry Adams deposed the plainliU' hud been engaged by him at the into of 20s. per week. I paid !r.m toi two works, tin the Monday of the third week ho broke three glass vases, and on "Wednesday I told him to «ro. lie has novor demaialo.l the amount lie claims l'tv>m inc. l>y Mr .Hi'veridge : J did not say anything about tli<* when 1 him. Judgment for pluiiif.il!' for £'>, being the amount of 0110 week's wages u m l one week's notice. i.uukam v o'nnir.N. Mr. AVynn appeared for the defendant, and stated that.. hisclient was ill in hod. lie would therefore confess judgment lor the amount claimed (i.'2.)